HomeMy WebLinkAboutContract 54271-A1CSC No. 54271-A1
FIl2.ST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54271
This Amendment ("Amendment") is entered into by and between the City of Fort Worth ("City")
and Meals on VJheels, Inc. ofTairant County ("Agency") by and through their respective duly authorized agents.
CiTy and Agency may be referred to individually as "Party" and collectively as"Parties."
WHEREAS, City and Agency made and entered into City Secretaiy Contract No. 54271
("Cont�•act") on March 13, 2020;
WI�EREAS, the Contract provides funding to Agency pursuant to a grant received by City from
the United States Department of Housing and Urban Development ("HLTD") through the Community
Development Blocic Grant Program ("CDBG"), Program No. B-20-MC-48-0010, Catalog of Federal
Domestic Assistance No. 14.218;
WHEREAS, Section 5.2.2.2 of the Confiract permits Agency to request an amendment of the budget,
subject to written approval by the Di�•ector of the City's Neighborhood Services Departrnent;
VV�IEREAS, the Agency requested a budget amendment from City in order to adjust line items due
to expenses incurred under Contract Labor Food Supplies/Meals during the first months of the pandemic.
Agency wishes to add funds in this line item and decrease amounts in the Other categories for the project year;
W�REAS, the City approved this adjustment because it believes that the requested amendment
will help Agency meet the program's goals and further the interests of both Agency and City; and
WHEREAS, it is the znutual desire of City and Agency to amend the Contract to complete the
Program and meet Contract objectives and the Parties have executed this Amendment to memorialize their
previous agreernent to amend the budget as set forth hez•ein.
I.
A. Exhibit "B" Budget and detail attached to the Contract is hereby annended and replaced in
its entirety with EXFiIBIT "B" Budget and detail, Revised August 1, 2020, attached hereto.
II.
All terms and conditions of the Contract not amended herein remain unaffected and in fu11 force
and effect, are binding on the Parties and are hereby ratiiied by the Parties. Capitalized terms not defined
herein shall have the meanings assigned to them in the Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CDBG-CV PRESiJMED BENEFIT PSA CONTRACT CARES ACT 2020
Amendment No. 1 to CSC No. 54271
MEALS ON VJHEELS, INC. OF TA�RRANT COUNTX
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTED AND AGREED:
MEALS ON WHEELS, INC. OF
TARRANT COUNTY
Cq�l� Tufson
Carla Jutson (Jan 29, 20211525 CST)
BY.
Carla Jutson, President & CEO
ATTEST:
B `��� ���
Y•
Mary J. Kayser, City Secretary
M&C: 20-0471
Form 1295;2020-622924
Date: June 23, 2020
APPROVAL RECOMMENDED:
By:
�� -
Victor Turner, Director
Neighborhood Services
CONTRA.CT COMPLIANCE MANAGER:
CITY OF FORT WORTH
� �-
Fcrnando Costa (Mar 15, 20211056 CDT)
B�.
Fernando Costa, Assistant City Manager
A.PPROVE AS TO FORM AND
LEGALITY:
By:
���.-�
Taylor Paris, Assistant City Attorney
By signing below, I acknowledge that I am the person responsible
fox the monitoring and administration of this contract, including
ensuring all perfoz�rnance and reporting requirements
' I.,,�,
Barbar� y(Jan 23, 202117:57 C5T)
Barbara Asbury, Compliance and Planning Manager
Neighborhood Services
CDBG-CV PRESUMED BENEFIT PSA CONTRA.CT CARES ACT 2020
Amendment No. 1 to CSC No, 54271
MEALS ON WHEELS, INC. OF TARRANT COUNTY
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "B° - BUAG�T
CDBG PRESUMED BENEFTT PSA CONTRACT 2018-2019 - EXI�IIBIT "B" - BUDGET
Meals on Wheels,lnc, of Tanant County Page 1
FUNDING A: Ctty of Fort Worth CDBG
FLTNDINGB: T(tle Ilf C2 Area Agency on Aging
FCTNDTNG C: Community Donations
The following tables wero cnated for tha purpose of preparing, negolieling, nnd delertnining the ws[ reatonebleness and wst
ellocation method used by Ihe Agency for the line Item budget «presented on the tirst pege of this EXHIBTT "D"—Hudget.
The inforrne�ion rcflected in the tebles ie lo ba constdered part ofihe terms and conditions of tha Contract. Agency mo:t have
pdar writ�en epproval by the Cily to meko ohnnges to eny lino item In the Hudget u ouUined in Salion 5.2.2 in Ihe
Conlrccl. The deadline lo mnke changes to E%HIDIT "B"--Dndget is. dtme Ol, 202t
FRINGE DETAII; PROGRAM PERSONNBL
Percent of EsL Perecntlo
Pn roll Amoant Grent AmotmttoGrent
PiCA 7.65% S 3S 561.W 42% S 13 151.05
LifcJlli�ebili Insurcnce
HealthlDentel Ineuronce 88 200.00
Unem lo menbState
Warkera Com ensetion
Relicement S 33 005,00
SteffTreinin S I000.00
TOTAL S 153?66,00 8.6% S I3 t51.05
CDBQ • CV COMRACf 1019•2020 - EXHIBR'B' -HUD45f
Mwts on Wheel�, Lw. of Temnt Counry pBg� �
HACQ.iTY AND UTII.ITISS
EsL Percentto
Totel Hud et Grnnt Amoiml ro Grnnt
Tele hone
Elwt�c
Gas
Wetar end Wastewaror
Solid WuteDis osel
Rrnt
Cleanin Su lia
Re airs
GL�lodiel Services
Utilitis Tnns orteuo PP&fi S 10000.00
TOTAL S 10 000.00
LEO FINANCIALANDINSURANCE
E�L Percent to
Totnl Bud et Gren1 Amo�mt to Grnnt
Fideli BondorE ulvalenl
Dircctora ind Offiuts
aenerel Commerciel Liabilit S 018.00
Prof Few
TOTAL S 2 018,00
CDH� - CV CONRtAC7' 2019•2020-HXEifBtC'8' -HUDOE7
Mals on Whalt. Ine, of 7artanl County Pnge 1
CSC No. 54271
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 Meals on Wheels, Inc. of Tarrant County (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 Housing
and Urban Development (HiJD) through the Community Development Block Grant ("CDBG")
Program, Program No. B-20-MW-48-0010, Catalog of Federal Domestic Assistance No. 14.218;
WHEREAS, City has received an additional allocation of CDBG grant monies under the
Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act), referenced by HUD as
"CDBG-CV";
WHEREAS, the CDBG regulations and related HUD guidance publications establish all
requirements for the CDBG-CV funds except for those specifically described in this Contract as
deriving from the CARES Act;
WHEREAS, a national objective of the CDBG program is to beneiit low and moderate
income citizens in accordance with 24 CFR Part 570, as amended from time to time;
WHEREAS, Agency submitted a proposal to use CDBG-CV Funds for a program to serve
individuals and fainilies, of whom 100% must ineet the HUD definition of a presumed benefit
population;
WHEREA5, City citizens, the Community Development Council, and the City Council
have determined that CDBG programs are needed by the City's citizens.
NOW, THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
Gity 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:
CDBG-CV PRESUMED BENEFIT PSA CONTR.ACT CARES ACT 2020
Meals on Wheels, Inc. of Tarrant County
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1
Rev. 06/16/2020
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established annually by HLJD. The 2020 income limits are
attached hereto as EXFIIBIT "A-1" — 2020 HUD Income Limits.
$usiness 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 payrnent 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 Proof of client eligibility: Client eligibility for all clients as outlined in
Section 6.
Complete Documentation shall meet the standards described in the attached
EXHIBIT "F" - Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent and client
eligibility for the Program.
CDBGCV Funds means the CDBG-CV 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 enteiprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Departinent.
Effective Date means March 13, 2020:
HUD ineans the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System, HLTD'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 deiinition 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.
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 2
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
National Objective means an activity that benefits low and moderate income persons. For the
purposes of this Contract, at least 100% of the clients served by the Program fall into a"presumed
benefit" category as defined in 24 CFR Part 570, and therefore are presumed to be Income Eligible
Clients.
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.
Reimbursement Request means all reports and other documentation described in Section 9,
Source Documentation means documentation of full household income of any type described
under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of
paychecks, Social Security and disability verification letters, interest or rental income statements,
retirement income statements, child support and alimony verification, unemployment benefit
letters, and the like.
Unduplicated Clients means a count of all clients served by the Program at least once in the
Contract Term. Clients served by the Program more than once in the Contract Term will only be
counted the first time they are served when determining the total count of Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates eighteen (18) months
following the date of Contract execution unless earlier terminated as provided in this Contract.
This Contract may be extended if such extension is necessary for completion of the program and
is authorized by the CDBG Regulations and the City's Grant Agreement with HUD. The Contract
Term shall include any extension, if exercised, as provided herein.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide CDBG-CV Funds.
City shall provide up to $300,000 of CDBG-CV 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.
CDBG-CV PRESUMED BENEFIT PSA CONTR.ACT CARES ACT 2020 Page 3
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
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-CV Funds.
5.2.1. Compliance with CDBG Re�ulations and Contract.
Agency shall be reimbursed for eligible Program costs with CDBG-CV 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.
5.2.1.3 Complete Docuinentation, as applicable, is submitted to City by
Agency.
5.2.2 Budget•
5.2.2.1 The CDBG-CV 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 Sudget 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 iirst day of the month following the month in which the Contract
amendinent 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-CV Funds to supplement rather than
CDBG-CV PRESiTMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 4
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supplant funds otherwise available for the Program.
5.2.4 Pavment of CDBG-CV Funds to A�encv.
CDBG-CV 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-CV Funds until the end of the ter�n to
ensure completion of all performance goals. During this interim period, Agency must continue to
submit Attachment III — Client Data Report in Exhibit "D" — Reimbursement Forms monthly.
It is expressly agreed by the Parties that any CDBG-CV Funds not spent or approved for
reimbursement to Agency shall remain with City.
5.3 Pro�ram Performance Milestones.
5.3.1 Agency represents that the Program will achieve the following milestones in
accordance with EXI3IBIT "A" — Program Summary and the table below:
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 paytnent of Reimbursement
Requests, (ii) lower Agency's allocation of CDBG-CV Funds, or(iii) terminate this Contract.
5.3.3 Failure to meet at least 80% of its performance milestones or serve 560
Unduplicated Clients under this Contract may, in City's sole discretion disqualify Agency for
consideration under future City's Requests for Proposals for federal grant funds.
5.3.4 Amendments to performance milestones regarding CDBG-CV 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 Cont�act. The Ainended 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
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 5
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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 Identifv Pro�ram Exuenses Paid with CDBG-CV Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with CDBG-CV Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder.
5.5 Meet National Obiective.
Agency shall ensure that the activities carried out in the Program will meet the National
Obj ective.
5:6 Pro�ram 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-CV Funds
without City's written consent.
6. CLIENT ELIGIBILIT`Y VERIFICATION.
6.1 Client Eli�ibility.
Agency will document client eligibility as follows:
6.1.1 Agencv Clients.
Agency must document that all clients served by the Program fall under a"presumed
benefit" category as defined in 24 CFR Part 570. For purposes of this Contract, the categories of
presumed benefit are: severely disabled adults, homeless persons, abused or neglected children
and youth, or elderly persons. Eligible forms of documentation for each category include:
6.1.1.1 Severely Disabled Adults. Written, signed and dated diagnosis from a
licensed medical professional. As an acceptable alternative, Agency
may use the form attached hereto as Exhibit "H" — Severely Disabled
Certification Form.
6.1.1.2 Homeless Persons. Written, signed and dated certification from an
outreach worker.
6.1.1.3 Abused or Neglected Children and Youth. Written, signed and dated
certification from an outreach worlcer.
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 6
Meals on Wheels, Inc. of Tarrant County xev. 06/16/2020
6.1.1.4 Elderly Persons. An elderly person is an individual at least 62 years of
age. Copy of a birth certificate, driver's license, passport, immigration
card, military identification, or any other state, local, national or
international documentation, must be provided showing current
information about the age or birth date of the client. The form in
Exhibit "E" — Form of Income Self Certification, or a similar
document, will also be required in order to collect demographic data. In
addition, Agency must document client eligibility for CARES Act
assistance by maintaining records of client need directly related to
and/or caused by the Coronavirus Pandemic, as well as other eligibility
documentation further described in Exhibit "A" — Program Suinmary.
6.2 Submission of Complete Documentation.
Agency must submit copies of documentation of client eligibility described in Section 6.1
with Attachment III with each month's Reimbursement Request for all Unduplicated Clients.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 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-
CV funds upon receiving notification of such additional requirements from City, including but not
limited to the following:
7.1 Environmental Review.
CDBG-CV 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
funding for the Program. Further, Agency will not undertake or commit any funds to physical or
choice limiting actions as described in auy 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-CV Funds it has already received and forfeit any future payments of CDBG-CV
Funds.
7.2 Contract Not Constitutin� 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
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 7
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
approval may occur only upon (i) satisfactory completion of an environmental review (ii) approval
of City's Substantial Amendment to the 2019-2020 Action Plan regarding CARES Act grant funds,
and (iii) receipt by City of a grant agreement from HLJD.
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 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 �les as
requested by City during this 5 year period. For purposes of this Conhact, this 5 year period for
monitoring is deemed to begin on the date after the final date of the full eighteen-month contract
term including any extensions in term, and end on the date five full years after that date.
7.3.2 Representatives of City, HLTD, H[TD Ofiice 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-CV Funds, and to
Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the '
purpose ofsuch 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. Gity 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 the 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 Tei�rn 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 federal monitoring.
Such results shall be submitted within 60 days of receipt of such state or federal monitoring report
during the terms of this Contract.
7.4 Agencv Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations, and
ordinances for malcing 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 that provides 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-CV Funds must
address termination for cause and convenience including the manner by which such teimination
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 8
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
shall be effected 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-CV 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 Gost Principles/Cost Reasonableness.
Agency shall administer its use of CDBG-CV Funds in compliance with 2 GFR Part Z00,
as applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with 2 CFR Part 200.400 through Part 200.475.
7.6 Financial Mana�ement 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.
7.7 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-CV 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
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 ful�ll 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.
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7.9 Copvright and Patent Ri�hts.
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. H[TD 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 14.13.2.1 and 14.13,4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in writing.
any potential conflict of interest.
7.11 Comuliance 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.
7.1 l. l Agency shall provide City with its DLTNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
712.1 Establish and maintain effective internal control over the GDBG-CV Funds that
provides reasonable assurance that Agency is managing the CDBG-CV Funds in compliance with
federal statutes, regulations, and the terms and conditions of this Contract. These internal cont�ols
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;
7.12.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.12.5 Talce reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
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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 Keeuing.
Agency shall maintain a record-lceeping 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 bacic-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 October 1, 2020 and end
on 5eptember 30, 2025 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 Cont�•act 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 AdditionalInformation.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Chan�e in Reportin� Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion. City
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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 speciiic 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 Ofiice.
8.5.2 Citv 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
detennines 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 DETERNIINED
THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED,
MISAPPLIED OR MISAPPROPRIATED CDBG-CV FUNDS OR SPENT CDBGCV
FUNDS ON ANY INELIGIBLE ACTIVITIE5, 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. REIMBUR5EMENT REQUIREMENTS.
9.1 Deadline for Submittin� Reimbursement Requests.
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 Reimburseinent Request for June expenses must be received by July 15. In the
event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next
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day that the City is open for business. For expenses paid by Agency March 13, 2020 through June
30, 2020 exclusively, the Reimbursement Request must be received no later than August 31, 2020.
Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions
outlined in Section 10.1. If expenditures exceed $20,000 per month, Agency may elect to submit
two reimbursement requests per month, with the first reimbursement request being submitted on
the 15th of the month covering expenses paid from the 16t�' through the end of the preceding month,
and the second reimbursement request being submitted on the 30�" of the month covering expenses
paid in the first 15 days of the month. Agency must advise City in writing no later than 15 days in
advance, of their intent to submit two reimbursement requests for any month during the contract
term.
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, the
cumulative reimbursement requested to date (inclusive of that 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-CV-funded tirne and non-CDBG-CV funded time and
reflect actual time spent on CDBG-CV-funded activities. Agency may
not submit payroll expenses dated 60 calendar days prior to the date of
the Reimbursement Request. Payroll expenses dated March 13, 2020
through June 30, 2020 must be submitted for Reimbursement no later
than August 31, 2020.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
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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 March 13,
2020 through June 30, 2020 must be submitted for Reimbursement no
later than August 31, 2020.
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 — Client Data Reuort.
This report shall list each Unduplicated Client served during the month along with his or
her demographic information. The Client Data Report must maintain a list of all clients served
during the Contract term. In order for this report to be complete, the following must be submitted:
9.2.3.1 Documentation of "presumed benefit" eligibility for each Unduplicated
Client the first time the client is served by the Program, as defined in
Section 6.
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through required software system
approved by the City or in other manner required by the City by the deadline(s) in Section
9.1.1.
9.3 Withholding Payment.
Failure to timely submit accurate and complete Reimbursement Requests and 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 Gontract. 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.
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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 immediately 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-CV 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 anyperiod during which Agency is in default of this Contract.
10.1.5 In the event of termination under tliis Section 10.1, all CDBG-CV 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 Reuorts and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8, or if the
records maintained or reports submitted documentation is not in compliance with this Contract or
the CDBG Regulations as deterniined 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-CV Funds
awarded but unpaid to Agency pursuant to this Contract shall be irrunediately forfeited and Agency
shall have no further right to such funds, and any CDBG-CV Funds paid to Agency must be repaid
to City within 30 days of termination. If such CDBG-CV 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.
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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-CV Funds that have not yet been expended from
affected activities to other eligible activities or withhold CDBG-CV
Funds.
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-CV 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-CV Funds already paid to Agency must
be repaid to City within 30 days of the termination. Failure to repay such CDBG-CV 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-CV 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 Citv 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 ar 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.
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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 Gontract 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-CV 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-CV Funds already paid to Agency must be repaid to City within 30 days of termination.
Failure to repay such CDBG-CV Funds within 30 days will result in City exercising all legal
remedies available to City under this Contract. AGENCY ACKNOWI.EDGES AND AGREES
THAT IF CITY TERNIINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY
AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY
CONTRACT FOR CDBG-CV FUNDS 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-CV
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 agreeupon
the termination conditions, including the effective date and in the case of partial tertnination, the
portion to be terminated; or
10.10.2 By Agency upon at least 30 days written notiiication 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-CV Funds to be spent will not accomplish the purposes for which the Contract was
made.
10.11 Dissolution of A�encv Terminates Contract.
This Contract shall terminate in the event Agency is dissolvecl or ceases to exist. In the
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event of termination under this Section, all CDBG-CV Funds are subject to repayment and/or City
may exercise all of its remedies under this Contract.
10.12 Reversion of Assets.
Inthe event this Contract is terminated with orwithout cause, all assets acquired by Agency
with the CDBG-CV 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-CV Funds, and any real or personal property owned by Agency that was
improved with the CDBG-CV Funds shall automatically transfer to City or to such assignee as
City may designate.
11. REPAYMENT OF CDBG-CV FUNDS.
All CDBG-CV 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
results in the City being required to repay all or any portion of the CDBG-CV 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 CDBGCV Funds is required of City, Agency agrees City may
require that 10% of the CDBG-CV 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-CV 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 notiiied 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-CV 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-CV 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
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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
Cont�•act is earlier terminated.
14. GENERAL PROVISIONS.
14.1 Agencv 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
enterprise between City and Agency. City does not have'the legal right to control the details of
the taslcs performed hereunder by Agency, its officers, members, agents, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
143 A�ency 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 I3ARMLESS 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-CV 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. Senaration of Explicitiv 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-CV Funds to support or engage in any explicitly religious activities (including activities
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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), tl�e explicitly religious
activities must be offered separately, in time or location, from the programs or activities supported
by CDBG-CV 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 GFR Part 5.109, Agency must
provide all clients of a CDBG-CV-funded service with the notice attached as EXHIBIT "K"—
Notice of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in
any CDBG-CU-funded program or activity. In addition, if a client or prospective client of a
CDBG-CV-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
alteinate 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.
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, wbether 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 detennined 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 A�reement 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 worlc and services to be performed under this
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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 Si�nificance; 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 Comuliance With All Apnlicable Laws and Regulations.
Agency agrees to coinply 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
➢ 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 CFRPart 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.
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➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
➢
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 by 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 inechanics 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 Hazaxd 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 Requuements 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.
, _ �. � . _ . .
i�a�.s+si � .�ll•J1 j•a mn
�
14.13
14.13.1
Prohibition Against Discrimination.
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 Housi�ag 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.
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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 Emplovment 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 o� 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 ortransgender. [Contractor's, Subcontractor's oi� 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 liinited 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,
Subcorztractor'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 oi�
Vendor's name], state that all qualiiied 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 Verzdor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in perfonning 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 Yendor's name] further covenants that neither it nor its
ofiicers, 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
CDBG-CV PRESiTMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 23
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
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 Agencv'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 discriininate 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 HAFLMT,ESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY
THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDOR5 OR AGENTS
AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUSCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES' ALLEGED EAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCEIZNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
TFIIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 Agencv Safe�uards.
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 Gity any such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
14.14.2 General Prohibitions A�ainst 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-CV 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
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.
14.14.2.1 Agency shall establish conflict of interest policies for federal awards
including the CDBG-CV Funds and shall disclose in writing
potential conflicts of interest to City as authorized by 2 CFR Part
200.112.
14.14. 3 Conflicts of Interest Involving Procurement.
CDBG-CV PRESiTMED BENEFIT PSA CONTR.ACT CARES ACT 2020 Page 24
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
The conflict of interest provisions of 2 CFR Part 200.31 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 mayparticipate 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 14.13.3.2,
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 of�cers, 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.
14.14.5 Disclosure of Texas Penal Code Violations.
CDBG-CV PRESiTMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 25
Meals on Wheels, Inc. of Tarrant County xev. 06/16/2020
Agency afiirms thaY 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 Minoritv 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-CV Funds, Agency agrees to abide by City's policy 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-CV 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"), ininority 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 in 24 CFR
Part 570.506 (g)(6), Agency must submit the form attached hereto
as EXHIBIT "I" — 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-CV Funds. Agency shall submit this form by the
date specified in EXHIBIT "I" — 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 Assi�nment.
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
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 26
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
shall be void, and shall constitute a breach of this Contract.
14.18. Ri�ht to Inspect AEencv 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, 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 reasonably 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 perfonn 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 shall
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
certiiication 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
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 27
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CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSISILITY OF CITY AND ITS OFFICERS, AGENTS,
5ERVANTS, 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 DESCR:iBED 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,
SERVANT5, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIE5, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT GITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE
IS ALLEGED TO BE THE 50LE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL REI;EASE 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.
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Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory ar 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
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 $300,000
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-CV 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, certificates of insurance as proof that it has secured and paicl for policies of
commercial insurance as specified herein. If City has not received such certificates bythe 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 rislcs incident to or in connection with the
execution, perfortnance, attempted performance or nonperformance of this Contract. Agency shall
maintain the following insurance coverage and limits:
Commercial General Liabilitv (CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Or�anization Liabilitv or Directors & Ofiicers 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 Properly 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, hued,
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.
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 29
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$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 require its
contractors to have Ciry and Agency endorsed as additional insureds (as their interest may appear)
on their respective insurance policies.
CDBG-CV PRESLJMED BENEFIT PSA CONTR.ACT CARES ACT 2020 Page 30
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
Directars 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.
Notwithstanding any provision in this Contract to the contrary, when applicable, Agency
shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved with
CDBGCV Funds as provided to property owned by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby cei�tifies, 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, loa� or cooperative
agreement, Agency shall complete and submit Standard Foim-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, iiled against Agency in conjunction with this Contract or the
Program. Agency shall furnish immediately to City copies of all pertinent papers received by
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 31
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
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 permifted 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.
City;
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
Telephone: 817-3 92-7600
Copv to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Director
Telephone: 817-3 92-7540
Copv to•
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Senior Contract Compliance Specialist
Telephone: 817-3 92-73 3 3
Agency:
Meals on Wheels, Inc. of Tarrant County
Contact: Carla Jutson
5740 Airport Freeway
Fort Worth, TX 76180
Telephone: 817-336-0912
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 32
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
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 Gontract 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.
[SIGNATURES APPEAR ON NEXT PAGE]
CDBG-CV PRESiJMED BENEFIT PSA CONTRACT CARES ACT 2020 Page 33
Meals on Wheels, Inc. of Tarrant County Rev. 06/16/2020
IN WITNESS WHEREOF, the Parties hereto have executed l original of this Contract
in Fort Worth, Tarrant County, Texas.
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ATTEST:
CITY OF FORT WORTH
���� � �
By:
Femando Costa (Aug 10, 202017:06 CDT)
City Secretary Fernando Costa, Assistant City Manager
M&C: 29-0471.
1295 Certification No. 2020-622924
Date: June 23, 2020
APPROVED AS TO FORM AND LEGALITY:
Tqy�O� ��II
Ta� Paiis (Aug 10, 202017:04 CDT)
Taylor Paris, Assistant City Attorney
APPROVED BY:
�u� ���_
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 (Aug l; 202017:57 CDn
Barbara Asbury, Compliance and Planning Manager
MEALS ON WHEELS, INC. OF TARRANT COUNTY
By:
Carla Jutson, Presi & CEO
CDBG-CV PRESUMED BENEFIT PSA CONTRACT CARES ACT 2020
Meals on Wheels, Inc. of Tarrant County
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH; TX
Page 34
Rev. 06/ 16/2020
EXHIBITS:
EXHIBIT "A" Program Summary
EXHIBIT "A-1" — 2020 HUD Income Limits
EXHIBIT "A-2" — Reporting Requirements for Countywide Agencies
EXHIBIT "B" — Budget
EXHIBIT "C" — Audit Certi�cation Form
EXHIBIT "C-1"- Duplication of Benefits Certification
EXHIBIT "D" — Reimbursement Forms
EXHIBIT "E" — Form of Income Self-Certification
EXHIBIT "F" — Standards for Complete Documentation
EXHIBIT "G" — Section 3 Reporting Forms (NOT APPLICABLE)
EXHIBIT "H" — Severely Disabled Certification Form
EXHIBIT "I" — MBE Reporting Form
EXHIBIT "J" — Duties of the Parties for Use of NSD Community Centers
EXHIBIT "K" — Notice of Beneficiary Rights
EXHIBIT "L"- Landlord /Property Manager Certification and Agreement
«FUNDING SOURCE» «CONTRACT_TYPE»
« Agency»
MEALS ON WHEELS, INC. OF TARRANT
COUNTY
SENIOR NUTRITION & WELLNESS PROGRAM
COVID-19
PROGRAM SUMMARY
(CDBG-CV PB)
MARCH 13, 2020 to SEPTEMBER 30, 2021
PERIOD
$300,004
AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The Senior Nutrition Program is available to Tarrant County residents age 62 and above and their
spouse who are food insecure, those who have fears or concerns about getting out because of COVID-
19 or lack funds to buy food. The program will provide a box of five frozen meals and a 10-pound
box of senior-friendly canned goods and fresh produce when available. Meals on Wheels, Inc. of
Tarrant County provides frozen meals and partnering agencies, Tarrant Area Food Bank provides
senior-friendly canned food and fresh produce, and Catholic Charities currently provides picicup
and delivery services.
CDBG Funds will be used to pay for a portion of the salary and benefits for the Supplemental
Nutrition Coordinator, the Administrative Assistant, the Dispatcher and (6) Meal delivary Van
Drivers. Program funds to also cover the costs associated with the purchase of insulated delivery
containers/ice blankets and fuel costs for delivery vans.
Clients needing additional support navigating access to healthy food because they are food insecure
or sufferning from multiple chronic conditions will be offered assistance by a registered dietitan
through the Senior Wellness Program. The program will provide assistance with nutrition education
specific to their conditions, meal planning and preparation, and ways to source healthy food.
Agency's office is located at 5740 Airport Freeway, Fort Worth, TX 76117. Office hours are
Monday through Thursday, 8:00 a.m. to 4:30 p.m. and Friday, 8:00 a.m. to 3:30 p.m.
Seivices, including meal delivery and case management, will be provided citywide at eligible
clients' homes.
REGULATORY CLASSIFICATION:
IDIS Matrix Code(s) and Service Category: OSA Senior Services
National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2)
CDBG CV PRESLTMED BENEFIT CONTRACT 2020 — EXHIBIT "A" — PROGRAM SUMMARY
MEALS ON WHEELS INC, OF TARRANT COUNTY
EXHIBIT "A"
PROGRAM SUMMARY
Page 1
Regulatory Citation(s): 24 CFR 570.201(e)
REGULATORY CLASSIFICATION:
Coronavirus Aid, Relief, and Economic Security Act of 2020
Agency will maintain documentation which verifies that 100% of clients served by the Program
are elderly Persons in accordance with the CDBG Presumed Benefit clientele definition.
PROGRAM GOALS:
Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum of
700 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment III.
CDBG CV PRESUMED BENEFIT CONTRACT 2020 — EXHIBIT "A" — PROGRAM SUMMARY
MEALS ON WHEELS INC, OF TARRANT COUNTY
Page 2
EXHIBIT "A-1"
2020 HUD INCOME LIMITS
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
30% AMI $17,150 $19,600 $22,050 $24,450 $26,450 $28,400 $30,350 $32,300
50% AMI $28,550 $32,600 $36,700 $40,750 $44,050 $47,300 $50,550 $53,800
60% AMI $34,260 $39,120 $44;040 $48,900 $52,860 $56,760 $60,660 $64,560
80% AMI $45,650 $52,200 $58,700 $65,200 $70,450 $75,650 $80,850 $86,100
*Income limits are published at least annually by HUD.
CDBG CV PB CONTRACT 2020 - EXHIBIT "A-1" -2020 HiJD INCOME LIMITS
IvIEALS ON WHEELS, INC. OF TARRANT COUNTY Page 1
EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
CDBG CV PB PSA CONTRACT 2020 - EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
MEALS ON WHEELS, INC. OF TARRANT COUNTY
MEALS ON WHEELS, INC. OF TARRANT COUNTY
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
Quarterly Report
The purpose of the Quarterly Report is for the Countywide Agencies to report the number of non-Fort
Worth clients who participate in the Program. The Quarterly Report must be submitted with the
September 2020, December 2020, March 2021, June 2021, and September 2021 Reimbursement
Requests. The report is due and is to be submitted with the corresponding Reimbursement Request as
indicated in the chart below. The information provided in the Quarterly Report will be reviewed and
monitored by the Neighborhood Services Department Compliance Division.
I, Agency representative, certify that I verified the information I reported this quarter and it is correct
to the best of my knowledge.
Certified by:
Signature/Title:
Date:
CDBG CV PB PSA CONTRACT 2020 - EXHIBIT "A-2"
REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES
MEALS ON WHEELS, INC. OF TARRANT COUNTY
EXHIBIT "B" - BUDGET
FUNDING B: Title III C2 Area Agency on Aging
FLTNDING C: Community Donations
CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 - EXHIBIT "B" - BUDGET
Meals on Wheels, Inc. of Tarrant County Page 1
FLTNDING A: City of Fort Worth CDBG
Thc following tablcs.wcrc crcatcd for Ihc puq�osc of prcpnring, ncgotiating, nnA Jcicmiining Ihc cost rcatonablencss ond cosl
allocation mcfhod uxcd by lhc Agcncy for lhc linditcm budgct repmscNed on ihc first pagc of Ihis L+XftIBIT "B" —Budget.
Thc informo�ion rollccicd in Ihe tnblcs is to bc considcrcd pnrt of �hc Icmu and condilions of lhc Conlrac�. Agcncy musl hovc
prior writicn appmwl by �hc City �o make changes.�o ony linc item in Ihc Budgcl as oullincd in Seclion 52.2 in thc
Contract. �The deedline to make chenges lo EXHIDIT"6" — Budget is. June Ol, 2021
FRINGE DHTAILPROGRAAI PERSONNEL
Percent ot Est. Percent to
Pnyroll Amount Crnnt Amount to Grnrtt
FICA 7.65% S 3I,561.00 42% S 13,�51.05
LifeJDisabilil Iiuurance
Hcalth/Dcnlallncurancc S 8R 200.00
Uncm loymcnt-Smte
Norkcrs Com ensetion
Retiremenl $ 33;005.00
StetiTmining $ �1000.00
TOTAL S 153,766.00 8.6 % S IJ,151.05
SUPPLIES AT1D SERVICES
EstPcrcent to
Totul Hudget Cron[ Amaunt to Grunt
O�cc/Pro ramSu Iies S 1.800.00
Posla e
Printin $ 5,000.00
Adv/Medin DueslPnb, Primin 6ank Fecs S 4 440.U0
Othcr Pnrtial Com nicr Cost � S SOOA�
TOTAL S 11740.00
CDBO - CV CONTRACT 2019•2020 • EXHIBIT "U' - OUDGCT
Mcals on Wheds, lnc, of Tartant Counry Page 2
MISCHLLANCOOS
Est. Pcrcent ta
Totul �udget Cran1 Amount lo Grant
Conlracl Labor
PooA Su lics �5 1,7G5,505.73
Milen c S 10,000.00
Olhcr FucPforDelivc Vnns) S 22,OOO.W SS% S 12,100.20
Olher InsulatedComeincrs S 5,165.00 55% S 2,840.75
TOTAL S 1 802,670.33 1% S 14.940.95
PACILI'fY AND UTiLITIES
�EsL�Percent to
Total Hudget Grant� Amountto Grant
Tele hone
Clcc�ric
Oas
Wolcr and Wnstewaler
Solid Wastc Dis osel
Rent
Cleanin Su lics �
Rc airs
Custodial Sccviccs
Utilities, Trens orlation, PP & L+ S 10,000.00
TOTAL 5 10 000.00
LEGAL, PINANCIAL AND INSURANCE
Est. Percent to
Totel Budget Grent Amount to Grant
Fidelit BondorE uivalcnt
Dircelors end 011icers
Deneral Commcrcial Liabili� $ 2,018.00
Prof Fees
TOTAL 5 2,O18.00
DIRECT ASSISTANCC
'I'otal Budeet Granl Amount to
Volun[ecr Rccruitnrent; Oulcomcs
CDBG - CV CONTRACT 2019•2020 - 6XHI�IT'0" - 6UDOET
Mpls on Wheels, lnc. ofTarnnt Counry Pa6e 3
EXHIBIT "C"
AUDIT CERTIFICATION FORM
CDBG-CV PRESUMED BENEFIT PSA CONTRACT 2020 — EXHIBIT "C" — AUDIT CERTIFICATION
Meals on Wheels, Inc. of Tarrant County
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency: Meals on Wheels, Inc. of Tarrant County
Fiscal Year Ending: September 30, 2021:
0 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 iiscalyear or 30 days within its completion, whichever is fhe earlier date.
❑ During the iiscal year in which funds will be received, we will not exceed the $750,000 federal
expenditure threshold required for a Single Audit or aProgram Specific Audit to be performed
this fiscal year. (Fill out sclTedaile below)
____�� �` ��a �
Signat nd Tit�e Date
Pl'� �� �t/�r �' Cca
Failure to submit this or a similar statement or failure to submit a completed single audit package
as described in the federally required audit requirements described in 2 CFR Part 200, as
applicable, by the required due date may result in suspension of f'unding and may affect eligibility
for future funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, iinancial statements, and other audit
requirements as may be set forth in the Contract.
CDBG-CV PRESUMED BENEFIT PSA CONTRACT 2020 — EXHIBIT "C" — AUDIT CERTIFICATION
Mesls: on Wheels, lnc. of Tarrant County
EXHIBIT "C-1"
CERTIFICATION REGARDING DUPLUCATION OF BENEFITS
CDBG-CV PRESUMED BENEFIT PSA CONTRACT 2020 — EXHIBIT "G1" —
CERTIFICATION REGARDING DUPLICATION OF BENEF[TS
Meals on Wheels, Inc. of Tan•ant County
EXAIBIT C-1
GERTIFICATIOIV REGA�tDING DUPLICATI0IV AF BENE�YTS
SELF CERTIFICATION',
The undersigned certi�es the organization:for wliich he%she is the approt�ecl signatory will connply
witiki Sectit�n 312 of.'the Rober.t T. Staiford Aisaster Relief'and Emetgenc� As`sistance A,c.t and`with
Section 121� of the. Disaster Recovexy Reforr►� ,Act of :2018, which "r,equire that duplication of
benefits will be- pz'evented in provision pf services funded under tliis cont�'act. T�e undeisigned
also cert'ifies that he/she understands that this means that in providing assistance to eligible
po,pul.�tions,:grant funds will not be. used:"to :�ay casts if+anoth'er source of.fii��ncial assisfance as
available t'o:pay thaC cost: The und�rsigried furtlier certifies that no p�rson,;h:ouse�iold, bus'ine$s,
�ionprofit organization or gb�ernment entity will receive financia] asSistance fior� muItiple
sources [includirig tliis coritract) ;f.or the same pur.pose such that the total ass�stance;.,receive.d far
that purpose is more. fhan the .total need for assistance. The undersigr�ed also certifies that as
subrecipientfor CDBG-GV funds under th;i's coxitr�ct, the,agency has not received otlie� funds to be.
used for the same purposes for the same clients: The; undersigned further certifies, and agrees;.
that`ii he%she subsequently receives a. duplicative benefit, he/she will xepay the funds he%she'
received under this Agreement fo City.
The undersigned certii�es that, to date, he/she�has received, or reasonably anticipaCes receiving,
the following potentzally' duplicative assistance (if rione;:leave'blank);.
Organization: I/YJ.&�C,S 4�N Gi1 ��"'t�'GS /IUC d 1�`' �7"A°+Q��1T ;C�tG,t/T �
Typed Namec
SigziaEure:
�•'�i• �
�l� � ' .. � J
— - - ::�
Titl`e: I c�. i�� %i?IC.� �'".�C`"✓+
Date: I ��^ �U — Z0 ��
EXHIBIT "D"
REPORTING FORMS
CDBG CV PB PSA CONTRACT 2020 - EXHIBIT "D" - REPORTING FORMS Page 1
IVIEALS ON WHEELS, INC. OF TARRANT COUNTY
ATTACHMENT I
Invoice
CDBG CV PB PSA CONTRACT 2020 - EXHIBIT "D" - REPORTING FORMS Page 2
Meals on Wheels, Inc. of Tarrant County
ATTACHMENT II
Expenditure Worksheet
CDBG CV PB PSA CONTRACT 2020 - EXHIBIT "D" - REPORTING FORMS Page 3
Meals on Wheels, Inc. of Tarrant County
ATTACHMENT III
Client Data Report
CDBG CV PB PSA CONTRACT 2020 - EXHIBIT "D" - REPORTING FORMS Page 4
Meals on VJheels, Inc. of Tarrant County
EXHIBIT ��E"
INCOME CERTIFICATION FORM5
CDBG CV PB CONTRACT 2020 - EXHIBIT "E" - INCOME CERTIFICATION FORMS Page 1
MEALS ON WHEELS, INC. OF TARR.ANT COUNTY
City of Fort Worth
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address:
City and Zip:
Phone #:
Household Members and Income
Total Gross Annual Household Income:
PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes)
a. ❑ MALE b. ❑ WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHITE
❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN
❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE
❑ NATIVE HAWAIIANlOTHERPACIFIC ISLANDER ❑ BALANCE/OTHER
❑ AMERICAN INDIAN/ALASKAN NATNE & BLACK/AFRICAN AMERICAN
c. ETHNICI'TY d, DISABLED e. IS HEAD OF HOUSEHOLD FEMALE?
❑ HISPANIC ❑ YES ❑ YES
❑ NON-HISPANIC ❑ NO ❑ NO
Certi�cation: I certify that the information I am providing is true and could be subject to verification at any
time by a third party. I also acknowledge that the provision of false information could leave me subject to the
penalties of Federal, State and local law.
Signature of ?.pplicant
Date
WARNING: TITLE 18� SECTION lOOl OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
-----------------For use
Household Size:
Applicable Income Limit:
Gross Annual Income:
Is Applicant Eligible?
Check if Applicant refused to provide demographic information: O
Staff Assessment of Demographics:
Person Making Determination: Date:
NOTE: Address, inco►ne amounts and sources forALL household mentbers are
CDBG GV PB CONTRACT 2020 - EXHIBIT "E" - INCOME CERTIFICATION FORMS
MEALS ON WHEELS; INC. OF TARRANT COUNTY
Page 2
TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself, Spouse, Children, etc.)
Ciudad de Fort Worth
CERTIFICACION DE DECLARACI�N DE INGRESOS
Nombre del Solicitantec
Direccion de Actualidad:
Ciudad y Codigo Postal:
Telefono:
Miembros Del Ho ag r e In r� s
Total Anual de Ingresos del hogar:
**INFORMAC16N PERSONAI;: (Seleccione uno en cada articulo. Esta infonnacion es requerida por el Gobierno federal:)
a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGR07AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & BLANCO
❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO
❑ INDIO AMERICANOMATIVO DE ALASKA & BLANCO ❑ ASIATICO & BLANCO
❑ NATIVO HAVJAIANO/OTRO DE LAS 1SLAS PACIFICAS ❑ BALANCE/01R0
❑ 1NDI0 AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO
c. ETHNICIDAD d. INCAPACITADO e. �ES LA CABEZA DEL HOGAR IVIUJER7
❑ HISPANO ❑ SI ❑ SI
❑ NO-HISPANO ❑ NO ❑ NO
Certificacion: Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a
verificaci6n a cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa
puede dejarme sujeto a penalidades Federales, Estatales, y a ley local.
Firma del Solicitante
Fecha
ADVERTENCIA: TITULO 18, SEGCIbN lOOl DEL CbDIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA
PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACERDECLARACIONES FALSOS O
FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS.
-----------------Para use de empleados de la a�encia-----------------
# De Miembros de Familia:
Limite de Ingreso:
Ingreso Anual:
�,Es solicitante elegible? :
Compruebe si el solicitante se nego a dar su informaci6n personal: d
Evaluacion del empleado sobre informacion personal:
Persona haciendo la determinacion: Fecha:_
Note: La dir�eccion de la casa y los inQresos (y sus origenes) para todos miembros del
CDBG CV PB CONTRACT 2020 - EXHIBIT `B" - INCOME CERTIFICATION FORMS
MEALS ON WHEELS, INC. OF TARRANT COUNTY
son
Page 3
* TOTAL NLJMERO DE MIEIVIBROS DEL HOGAR (Incluyase Usted.)
EXHIBIT `�F"
STANDARDS FOR COMPLETE DOCUMENTATION
CDBG- CV PB PSA CONTRACT 2020 - EXHIBIT "F"—STANDARDS FOR GOMPLETE DOCUMENTATION
MEALS ON WHEELS, INC. OF TARRANT COUNTY Page 1
2020 Documentation Standards for
CDBG Public Service Contract Expenses
an employee works on both a CDBG eligible and non-CDBG eligible program(s), the City will only reimburse for a reasonable portlon
the employee's salary. Prior to the execution of the CDBG Contract, the Agency will priovide the City with a written statement on how
ach employee's time will be allocated. IF an employee works 100% of their time directly with the CDBG-funcJed Program, then 100% of
e employee's salary may be eligible for reimbursemenl. Agency must submit a written statement that 100% of the employee's time is
�ent working directiy with the CDBG-funded Program. Statements must be slgned by a person authorized to sign on behalf of the
pencv and will be submitted with Ihe October invoice.
Refmtiursement requests must include a timesheet and work log thai reilects lhe hours wo�ked by the employee(s) working directly on
the-CDBG-funded Program. For employees who are paid with mulfiple funding sources, timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source, all such timesheets must be submitted to Cily. Timesheets must be signed by
employee and supervisor. Agency must show a calculatlon and documentation of how the employee's salary was calculated and
invoiced to Ciry.
'If employees are paid by direct deposit rather than check, then the agency must submit bolh the direct deposit payment companys
report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company.
ncaiui X X If the Cit a s ioss sala this is alread included.. If the Cit a s the em lo er ortlon, the A enc must rovide� roof that the
Insurance Y P y 9 ry' Y y P y p y P 9 y P P
Dlsabfliiy employee Is enrolled in the beneiit plan, must show a calculation and documenlation of how the Invoiced amount was calculeted, and
Insurance X X must provide documentation showing payment.
Unemployment Y Y
If the Ciry pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that.the
Retirement X X employee is enrolled in ihe benefit plan, must show a calculation and documentation of how the invoiced amountwas calculated, and
must provide documentation showing payment.
Supplles I x I X I I I � � x
Equlpment IXIXI IXI I X I X
Rental
Construction &
Aids
Food Supplies
vvatenvvasiew I X I X
ater
X �This category is only available for the REACH Program.
CD9G CV PB PSA CONTRACT 2020 Exh@It'F' - STANDARDS FOR COMPLETE DOCUMENTATION
Facillty This item requires approval by the City prior to the execution of the CDBG Contract. Repeirs may be categorized as maJoY/mfnor
Maintenance X X X X rehabilitatlon projects and must be approved through lhe full HUD Environmetal Review.
and Repalrs
Rent X X X City will pay for a portion of lhe rent For the Program facility so long as its in proportion to the square footage atlributable to the CDBG-
funded program.
MI6�Callgn�tiils ..a-��-'S-- , '� �4`"��a������`�:�.'r;�iY�:�f'a�':�v��*�4<�,�s�_:�.�..��;�d� �!a�'��s,r=iYrStn+'..aY,.?u�v;a' n:�-�h�;}:i�i'�`R ,�����a.�-r�c�#.e'��'�
�id
This Item requires prior approval by the Clty. Prior to the execution of the CDBG Conlract, the Agency must submit a written statement
that Ilsts the contract labor services to be used during the Contract term. Agency will submit a memo related to fhe procurement of such
Contract Labor X X X X X services and will forvvard any infortnation pertaining to the procurement process to City. This requirement applies to, but is not limited to,
services retained for security services, legal, accounting, transportation provfders, educational facflitators, custodial services, etc.
Agencies may not use the contract services of any Ciry of Fort Worth DepaHment.
City-required X X Cfty will only pay for a percenlage of the City-required insurance so long as it's in proportion to the square footage attributable to the
Insurance CDBG-funded program.
Clry requires lhat the agency submit its fee schedule or formula on how the Agency calculates the childcare scliolarship amount. The
fee schedule/formula should demonstrate a breakout of income levels, and for each fncome level the schedule should demonstrate
Childcare x x which portion of ihe expense is to tie paid by the family and whlch porlion of the expense is to be reimbursed by the City. A fee
Scholarships schedule/formula must be submitted to the City prior to ihe first payment. Agency must submit tlocumentatlon suppoiting that the client
is income eligible and that the household is being charged In conformance with ihe fee schedule. If the fee schedule/formula changes at
any time during the contract term, the Agency must immediately notiry Cily on the date lhe new fee schedule/formula takes into effect,
"$0" Income Agecles lhat are required lo verify and provide proof of household Income to determine eligibillty, must require that anyone who is over
Certificatlons the age of 18, INing in the housohold, submit a$OJncome Certification.
If an audit is required because federal funds exceed $750,000, lhen lhe cost should be splil evenly by all grant funding sources. Agency
Audit Services X X X X must show calculation on how the CDBGportion of ihe accounting seriices were calculated. For example, if the CDBG grant is 10°/, of
your Agencys budget, then invofce shall not exceed 10% of the overall cost. Agency must show a calculation and documentation of
how the invoiced amount was calculeted, and must provide documentation showing payment.
•Proof of payment effective October 1, 2013: Payments or Expenses must be documented in the following manner:
A) Image of ihe check AND bank statement showing the check cleared the bank; OR,
B) Image of the cancelled check (ex. At end of bank statement); OR,
C) Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR,
D) For wire or e-transfers: Reciept or siatement from payee/vendor OR bank statement.
Flnel as o1 0 6/1 82 020cm
CDBG-CV PB PSA CONTRACT 2020 Exhlbll'P •- STANDAROS FOR COMPLETE DOCUMENTATION
EXHIEIT "G"
SECTION 3 REPORTING FORMS
NOT APPLICABLE
CDBG CV PRESLTMED BENEEIT CONTRACT 2020 - EXHIBIT "G"- SECTION 3 REPORTING FORMS
MEALS ON WHEELS, INC. OF TARRANT COi1NTY Page 1
EXHIBIT "H"
SEVERELY DISABLED CERTIFICATION FORM
CDBG CV PB CONTRACT 2020 -- EXHIBIT "H" — SBVERELY DISABLED CERTIFICATION FORM Page 1
IvIEALS ON WHEELS, INC. OF TARRANT COUNTY
MEALS ON WHEELS, INC. OF TARRANT COUNTY
CERTIFICATION FORM
DOGLTMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT"
Client Name:
Address:
City, State, Zip _
Client Identification No.
CHECK ALL THAT APPLY
�❑
�.
u
��
n
n
Has used a wheelchair, a walker, cane , crutches or other special aid for six
months or lon er
Has been diagnosed with one of the following conditions: Alzheimer's disease,
mental retardation or other developmental disability, senility or dementia,
cerebral palsy, or autism; or has another mental or emotional condition that
seriousl interferes with ever da tasks.
Is unable to perform one or more of the following "Functional Activities":
seeing, hearing, speaking and having one's speech understood, lifting or
carr in , usin stairs, ras in small ob'ects, or walkin .
Is unable to perform or needs assistance to perform one or more of the following
Activities of Daily Living (ADL): getting around inside the home, getting in
or out of bed or a chair, bathin , dressin ; eatin , and toiletin .
Is unable to perform or needs assistance to perform one or more of the following
Instrumental Activities of Daily Living (IADL): going outside the home,
keeping track of money and bills, preparing meals, doing light housework,
taking prescription medications in the right amount and at the right time, and
usin the tele hone.
Has a condition that revents them from workin at a'ob or doin housework.
The undersigned Agency representative conducted a visual assessment of the client identiiied on this
form and certifies that the client meets at least one of the conditions indicated above, which determines
that he/ she meets the definition of "severely disabled" according to the U.S. Census Bureau.
Certified by:
Signature/Title:
CFW Neiglibochood Services Dept.: Revised 08/29/2010
Date:
CDBG CV PB CONTRACT 2020 -- EXHIBIT "H" — SEVERELY DISABLED CERTIFICATION FORM Page 2
MEALS ON WHEELS, INC. OF TARRANT COUNTY
EXHIBIT "I"
MBE REPORTING FORM
CDBG CV PB CONTRACT 2020 - EXHIBIT "I"- MBE REPORTING FORM Page 1
MEALS ON WHEELS, INC. OF TARRANT COUNTY
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EXHIBIT "J"
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
CDBG CV PB CONTRACT 2020 - EXHIBIT "J"- DUTIES OF THE PARTIES-USE OF NEIGHBORHOOD
SERVICES DEPARTMENT COMMUNITY CENTERS
MEALS ON WHEELS, INC. OF TARRANT COUNTY
MEALS ON WHEELS, INC. OF TARRANT COUNTY
DUTIES OF THE PARTIES
USE OF NEIGHBORHOOD SERVICES DEPARTMENT
COMMUNITY CENTERS
Agencv's Resuonsibilities:
Agency will perform the following in relation with the use of Community Center:
• Agency will furnish the Center Coordinator with a schedule of Program activities at least
four weeks prior to their occurrence.
• Agency will, at its sole expense, furnish materials, supplies, copies and conduct a structured
Program.
• Agency will ensure that the designated Community Center space is maintained in a neat
and orderly fashion.
• Agency will ensure that the City's standards are maintained regarding security; cleanliness
and communication between and among programs housed at the Community Center and
will ensure cooperation with other Community Center staff and agencies/programs.
• Agency will report to the Center Coordinator or designee for problems immediately
if/when problems occur.
• Agency will work with the Center Coordinator or designee to schedule any use of the
Community Center for related activities outside of agencies designated meeting time and/or
the Community Center's regular days and hours.
• Agency will maintain sole responsibility and liability for its employees, volunteers and
separate contractors for their actions.
• Agency shall ensure that each of its employees, volunteers and participants desiring to
participate in Community Center-sponsored programs/activities are aware of the
requirement to have a current community center membership card to participate.
• Agency agrees to perform background screenings and checks on staff and volunteers, with
such screenings and checks meeting or exceeding the requirements that the City imposes
for checks and screenings on staff, volunteers and participants in the City's own programs.
• Agency will provide the Center Coordinator with designated staff contact information for
the purposes of emergencies (center closing, schedule changes or scheduled maintenance)
CDBG CV PRESUMED BENEFIT CONTRACT 2020 - EXHIBIT "J"- DiTTIES OF THE PARTIES-USE OF
NEIGHBORHOOD SERVICES DEPARTMENT COMMUi�IITY CENTERS
MEALS ON WHEELS, INC. OF TARRANT COUNTY
Citv's Responsibilities:
City wi11 perform the following in relation with Agency's use of a Community Center:
• City will provide space for conducting the Program, including basic utilities and will also
supply the Agency with appropriate facility access. For purposes of this Contract, basic
utilities shall not include telephone or computer service, which shall remain the sole
responsibility of the Agency.
• City will ensure that the reserved space is set up with appropriate tables and chairs to
accommodate program and7or services.
• City will not be responsible for any additional security other than what is currently
available at the Community Center.
• City assumes no liability or responsibility for the loss of any personal property or office
contents of the Agency, its agents, employees, volunteers, participants or licensees while
at the Community Center.
• City will allow the Agency to conduct properly seheduled classes and other Program
related activities during the days and hours specified in Exhibit "A" PROGRAM
SUMMARY*. In addition, City may, but is not required, through the Center Coordinator,
allow Agency to schedule other classes and Program related activities outside of the days
and hours specified in Exhibit "A" PROGRAM SUMMARY.
• City will maintain sole responsibility and liability for its employees, volunteers and
separate conhactors for their actions.
• City will have the discretion to put the Agency in any available room. If placed in a
different location, it is to be only one room.
*The City is closed in observance of the following holidays;
New Year's Day (January ls�
M.L.K. Jr. Day (Third Monday of January)
Memorial Day (Last Monday in May)
Independence Day (July 4'n)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday of November)
Day after Thanksgiving (Fourth Friday in November)
Christmas Day (December 25tn)
**City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they
fall on Sunday.
Additionally, the Community Centers are utilized as shelters during an emergency. If the
Community Center will be closed due to an emergency, Center Coordinator or designee will
inform Agency of the closure.
CDBG CV PRESUMED BENEFIT CONTRACT 2020 - EXHIBIT "J"- DUTIES OF THE PARTIES-USE OF
NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS
MEALS ON WHEELS, INC. OF TARRANT COUNTY
EXHIBIT ��K"
NOTICE OF BENEFICIARY RIGHTS
CDBG CV PB CONTRACT 2020 - EXHIBIT "K" — NOTICE OF BENEFICIARY RIGH'TS Page 1
MEALS ON WHEELS, INC, OF TARRANT COUNTY
Notice of Beneficiary Ri�hts
Name of Agency: MEALS ON WHEELS, INC. OF TARRANT COUNTY
Name of Program: SENIOR NUTRITION PROGRAM COVID-19
Contact information for Program Staff (name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
obj ection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5,109.
CDBG CV PB CONTRACT 2020 - EXHIBIT "K" — NOTICE OFBENEFICIARY RIGHTS Page 2
MEALS ON WHEELS, INC. OF TARRANT COUNTY
�
CITY OF FORT WORTH
LANDLORD/PROPERTY MANAGER CERTIFICATION AND AGREEMENT
1. CERTIFICATION I
� on behalf of:
'First ; Gast _, M.l: `: ;.� "enter�legal: entity (LandLortl) , ;
I understand that the City of Fort Worth ("City") is relying on these
statements in making its decision to provide assistance to
�TerianYs Name > ' ` i
_ —_ __ _._. --------- ___.__. _------__
a tenant at
'Enterthe�name of'the property : '. ', � = ` "
- __ - i
Evidenced by my signature at the bottom of this document, I hereby certify that the following statements are true
and correct:
, ,... . ., ,, ., . _ . _, _.. .. ..
.-
TENANT INFORMATION , ;; ' :;i
• Tenant
Tenant name
at
Property Name
• Tenant lease was
executed on _
Date
occupying unit #
Unif humber
is delinquent on rent
and provides for $
Amouni
• Tenant has notified Landlord of his/her intent to seek emergency rental assistance from the City of Fort
Worth CARES Program
Tenant owes a tofal of $
in delinquent rent as of today's
date, for the period from
Amount months/weeks/days
All partial payments made by Tenant are reflected in this amount.
to
months/weeks7days
have authority to receive rental payments
and administer leases on behalf of
Properfymanagement name Landlord
2. AGREEMENT
I on behalf of Landlord, as evidenced by my signature at the bottom
Name
of this document, do hereby agree to be bound by the following terms and conditions in the event that I receive
any funds from City for the above listed Tenant's rent
I. The City, or a designee, shall be solely responsible for determining tenant eligibility for emergency rental assistance.
II. Landlord agrees to provide City with any documentation necessary to complete the application process, and, in the event
the tenant is selected for the program, any documents necessary to complete the payment process.
III. Landlord agrees to waive and fully forgive any late fees associated with Tenant's delinquent rent for any months for which
a portion of the rent is paid by the City using federal funds since late fees are not an eligible cost under federal cost
principles
IV. Landlord acknowledges and agrees that City is notJiable to Landlord for any costs, fees, damages, or amounts of any kind
and'that submission of this Certification and Agreement does not obligate City to provide any fundsto Landlord. In the
event that City determines that funds are available to pay any po�tion of Tenant's rent, City will notify Landlord and all
payments made shall be subject to these terms and conditions.
V. Landlord agrees that it will not accept multiple payments from multiple emergency rental assistance programs for the rent
amounts paid by fhe City. In the event that Landlord receives a duplicate emergency rental assistance payment through
another such program, Landlord will reimburse City the full amount of any excess paymenfs within thirty days of the
duplicate payment.
VI. Landlord agrees to abide by all applicable state and federal laws governing landlords, tenants, fair housing, and residential
leases in administering tenant's lease during the entire term of the tenant lease.
VII. In the event that Landlord violates any of these terms and conditions or is found to have made a misrepresentation on the
certification, Landlord shall forteit City's payment of rent on behalf of Tenant and shall upon demand by City repay the full
amount of assistance paid by City in connection with this agreement to Landlord within five days of demand by the City.
VIIL If anypart of this Agreement is found to be unenforceable by a court of competent jurisdiction, all other parts of this
Agreement will remain valid and binding.
IX. The City shall have the right to audit Landlord's pertinent books, records, files, and other documents related to the Tenant,
the Tenant's lease, payments made by the Tenant or any rental assistance program, including the City's for a period of
three years after the final payment made under this Agreement.
X. Amounts of payment, if any, shall be determined by the City in its sole discretion.
XI. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Venue for resolving any disputes
shall lie exclusively in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
XII: The term of this agreement shall begin upon Landlord's acceptance of any payment made by City for emergency rental
assistance for the named Tenant and shall continue for the full term of the months for which rent is paid on behalf of
Tenant.
XIII. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental
powers or immunities.
XIV. Landlord warrants the unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the
Landlord has the legal right to lease the dwelling unit covered by this Contract during the Contract term.
XV. The person signing thisAgreement herebq warrants that he/she has the legal authority to execute this Agreement on
behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or
other authorization of the entity.
3. DISCLAIMER AND SIGNATURE
Landlord Name , j
, �
� "i.
City: Progr,am �
�Representative E
WARNING: 18 U.S.C. 1001 provldes, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false,
fictitious, or fraudulent statements or entries, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more
than $10,000, or fmprisoned for not more than five years, or both.
8/14I2020
M&C Review
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT�I�
DATE: 5/19/2020 REFERENCE M&C 20- LOG NAME: 19NS CARES ACT HUDFUNDS
NO.: 0330 SUBTSAMEND1
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Approve a Substantial Amendment to the City's 2019-2020 Annual Action Plan for the Use
of Federal Grant Funds in the Amount of $6,810,056.00 to be Awarded by the U.S.
Department of Housing and Urban Development from the Coronavirus Aid, Relief, and
Economic Security (CARES) Act Community Development Block Grant, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Programs; Authorize
Amendment to Citizen Participation Plan to Reduce Public Comment Period for CARES
Act Related Activities from Thirty Days to Five Days; Authorize Execution of Related
Contracts; Adopt Attached Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council:
1. Approve a Substantial Amendment to the City's 2019-2020 Annual Action Plan for submission
to the U.S. Department of Housing and Urban Development for the use of federal grant funds
in the Amount of $6,810,056.00 to be awarded through the CARES Act Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities #or Persons
with AIDS programs, including allocations of grant funds to particular programs and activities
as detailed below;
2. Approve an amendment to the City's Citizen Participation Plan to reduce the public comment
period for CARES Act related activities from thirty days to five days;
3. Authorize the City Manager or his designee to execute contracts for eighteen-month terms
with the nonprofit agencies listed in Tables 1, 2 and 3 below for CARES Act Community
Development Block Grant (CDBGCV), Emergency Solutions Grant (ESGCV), and Housing
Opportunities for Persons with AIDS (HOPWA-CV) grant funds, contingent upon receipt of
funding and satisfactory completion of all regulatory requirements;
4. Authorize the City Manager or his designee to extend contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion
of the program, or to amend contracts if necessary to achieve program goals, provided any
amendment is within the scope of the program and complies with City policies and all
applicable laws and regulations governing the use of federal grant funds; and
5. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations to the Grants Operating Federal Fund in the amount of $6,810,056.00
consisting of $4,360,291.00 in CARES Act Community Development Block Grant (CDBGCV)
funds, $2,202,959.00 in CARES Act Emergency Solutions Grant (ESGCV) funds, and
$246,806.00 in CARES Act Housing Opportunities for Persons with AIDS (HOPWA-
CV) funds, all subject to receipt of such funds.
DISCUSSION:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27,
2020 to respond to the many impacts of the COVID-19 public health emergency. The CARES Act
includes provisions to help local governments prevent, prepare for and respond to the coronavirus,
including providing for additional allocations of formula grant funds under the Community Development
Block Grant (CDBG), Emergency Solutions Grant (ESG), and Housing for Persons with AIDS
(HOPWA) programs administrated by the U.S. Department of Housing and Urban Development
(HUD). The City was notified on April 9, 2020 of awards of $4,360,291.00 in CDBGCV funds,
$2,202,959.00 in ESG-CV funds, and $246,806.00 in HOPWA-CV funds. All of these funds must be
used to prevent, prepare for, and respond to the coronavirus.
apps.cfwnet.org/council_packet/mc_review.asp?ID=27899&councildate=5/1912020 1/5
8/14/2020
M&C Review
In order to allow local governments to act quickly to use the funds, the CARES Act also provides for
certain waivers of federal statutes and regulations governing these programs, including a waiver of the
customary 30-day public comment period for Substantial Amendments to the Consolidated Plan and
Action Plan and a waiver of the standard 151% limitation on public services activities for the CDBG
program. The CARES Act also instructed HUD to make additional awards of further CDBG-CV and
ESG-CV funds to state and local governments based on factors such as economic and housing market
disruption resulting from coronavirus, risk of transmission of the illness, number of coronavirus cases,
and rates of homelessness. It is anticipated that the second allocation of ESG-CV funds for local
governments will be announced by June 30, 2020, and the second allocation of CDBGCV funds will
be announced later this year.
To receive the initial award of CARES Act funds from HUD, the City must revise its Citizen Participation
Plan to allow for a five-day public comment period for CARES Act related activities, and must prepare
and submit a Substantial Amendment to its 2019-20 Action Plan which tells how the CDBG-CV, ESG-
CV, and HOPWA-CV funds will be used. The proposed Citizen Participation Plan Amendment is
attached to this M&C.
On April 29, 2020, the Community Development Council (CDG) as the City's advisory body for the use
of CDBG, ESG and HOPWA funds, approved a recommendation that the City's Citizen Participation
Plan be revised to authorize a five-day public comment period for Substantial .Amendments related to
the Coronavirus response. The CDC also approved a Substantial Amendment Action Plan for CARES
Act grant funds based on the following principles:
Addressing needs which HUD grant funds are uniquely qualified to meet and that other funding
sources cannot serve (housing).
Addressing the most urgent needs (food, shelter) and the needs of populations most sensitive to
COVID-19 (elderly).
Reliance on existing allocation processes and existing nonprofit partners to increase the speed and
simplicity of service delivery and to reduce administrati�e challenges and compliance concerns.
Consistency with local priority needs and goals previously established in the City's 2018-2022
Consolidated Plan.
Using these principles, three key activities were approved by the CDC for CARES Act funds:
emergency rental assistance, services for the elderly, and employment-related services. Emergency
rental assistance activities address both the Consolidated Plan goals for affordable housing and
homeless services and may include homelessness prevention and rapid rehousing for persons
already homeless. Services for the elderly address the Consolidated Plan goals for aging in place.
Employment-related services address the Consolidated Plan goal for poverty reduction.
The CDC also approved a two-tier process for allocation of these CARES Acf funds. Tier One funds
totaling $2,546,754.00 are recommended to be awarded directly to agencies for the activities listed in
the Tables below so that services can begin as quickly as possible. Tier Two funds totaling
$2,924,143.00 ($457,664.00 in ESGCV and $2,466,479.00 in CDBG-CV) will be awarded for the
three above-listed priority activities through a competitive Request for Proposal process that identifies
additional service-delivery partners bythe end of May, for CDC review and approval in early June, and
subsequent City Council approval.
A 5-day public comment period was held from May 4, 2020 to May 10, 2020. Notice of this public
comment period was published in the Fori Worth Star-Telegram, posted on the City's website, and
distributed through the City News and other ongoing communications activities of the City Community
Engagement Office. Any comments received are maintained by the Neighborhood Services
Department in accordance with federal regulations.
A summary of funding recommendations approved by the CDC is provided below. A spreadsheet of
funding recommendations is also attached. This Substantial Amendment Action Plan for use of CARES
Act funds under the CDBG-CV, ESG-CV, and HOPWA-CV programs will be submitted to HUD following
City Council approval.
Indirect costs are not being charged to these grants, as the Neighborhood Services Department
Indirect Cost rate was zero in the City's most recent Cost Allocation Plan.
CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV)
It is recommended that $4,360,291.00 of CDBG-CV funds be allocated as follows:
Emergency Rental Assistance Programs: $1,866,479.00
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These funds will be awarded on a competitive basis to agencies that administer emergency rental
assistance consistent with a program model that provides up to three months of rental assistance
for households with incomes at or below 80\% of Area Median Income (AMI) who are late on their
rent or unable to pay next month's rent. Eligible clients will pay 30\% of current income toward
their rent, will provide proof of income for all household members, will provide proof of reduction
and/or loss of income due to the COVID-19 crisis; will provide a copy of their current lease; and will
obtain verification of landlord's acceptance of terms and conditions of City rental assistance.
Services for the Elderly: $300,000.00
These funds will be awarded on a competitive basis to agencies that provide services to elderly
persons to reduce their risk of COVID-19, such as in-home meals or other services, transportation,
health and wellness-related services, and the Iike.
Employment-related Services: $300,000.00
These funds will be awarded on a competitive basis to agencies that provide services addressing
COVID-related unemployment, such as job placement, training, .coaching, and/or direct assistance
to support employment or remove barriers to employment, such as child care, certifications, work
clothing or tools, and related items.
General Administration: $872,058.00
Costs of planning for, administering, reporting on, and monitoring all activities paid for with CDBG-
CV funds.
Direct Awards to Public Services Agencies ($1,021,754.00): Contracts are recommended for the
followin a encies and rograms in the followin amounts:
TABLE 1: CDBG-CV AGENCIES
AGENCY PROGRAM AMOUNT
Housing Channel Emergency Rental Assistance $350,000.00
Center for Transforming Lives Emergency Rental Assistance $350,000.00
Meals on Wheels Home Delivery of Meals/Food $200,000.00
Center for Transforming Micro-Enterprise
Lives Support $121,754.00
TOTAL CDBG-CV CONTRACTS
$1,021,754.00
CARES ACT EMERGENCY SOLUTIONS GRANT (ESG-CV)
It is recommended that $2,202,959.00 of ESG-CV funds be allocated as follows:
Rapid Rehousing Programs: $457,664.00
These funds will be awarded on a competitive basis to agencies that provide rapid rehousing
assistance and accompanying support services to homeless persons living in shelters or on the
streets.
Administration: $220,295.00
Costs of planning for, administering, reporting on, and monitoring all activities paid for with ESGCV
funds.
Direct Awards to Public Service Agencies: $1,525,000.00
Contracts are recommended for the followin a encies and ro rams in the followin amounts:
TABLE 2: ESG-CV AGENCIES
AGENCY
Presbyterian Night Shelter of Tarrant
County
True Worth Place
The Salvation Army, a Georgia
Corporation
SafeHaven of Tarrant County
PROGRAM
Shelter Operations/Services
Day Shelter
Operations/Services
Homelessness Prevention
Rapid Re-Housing
AMOUNT
$230,000.00
$120,000.00
$75,000.00
$100,000.00
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Day Resource Center Rapid Re-Housing $375,000.00
Presbyterian Night Shelter of Tarrant Ra id Re-Housin
County p g $300,000.00
The Salvation Army, a Georgia Corporation Rapid Re-Housing $325,000.00
TOTAL ESG-CV CONTRACTS $1,525,000.00
CARES ACT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA-CV)
It is recommended that $246,806.00 of HOPWA-CV funds be allocated as follows:
City's Neighborhood Services Department Community Action Partners (CAP) Program, Tenant Based
Rental Assistance (TBRA) $77,332.00
Grant Administration: $14,808.00
Costs of planning for, administering, reporting on, and monitoring all activities paid for with
HOPWA-CV funds.
Direct Awards to Public Service Agencies: $154,666.00
Contracts are recommended for the followin a encies and ro ams in the following amounts:
TABLE 3: HOPWA-CV AGENCIES
AGENCY
PROGRAM
AMOUNT
Tarrant County Samaritan Supportive Services, Facility-Based $77,333.00
Housing, Inc. Housing Operations, Administration
AIDS Outreach Center
TOTAL HOPWA-CV
CONTRACTS
$154,666.00
All figures have been rounded to the nearest dollar for presentation purposes.
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONICERTIFICATION:
The Director ofFinance certifiesthat upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department will be
responsible for the collection and deposit of funds due to the City. Prior expenditures being incurred the
Neighborhood Services Department has the responsibility to validate the availability of funds prior to an
expenditure being made. These are reimbursement grants.
Fund I Department
ID
Department
ID
Short Term Rent Mortgage and Utility
Assistance, Supportive Services, $77,333.00
Administration
Account Project Program Activity Budget Reference #
ID Year (Chartfield 2'
Account
oject Program Activity Budget Reference
ID Year (Chartfield
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Victor Turner (8187)
Amount
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Barbara Asbury (733� )
ATTACHMENTS
49NS CARES ACT HUDFUNDS SUBTSAMEND1 RECS.docx
CARES Act Citizen Participation Plan Amendmt 5day final.docx
CARES Act Proposed Budget Allocations.xlsx
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CITY COUNCIL AGENDA ��FOR��,�OfiTH �
;�������
DATE: 6/23/2020 REFERENCE **M&C 20- LOG NAME: 19NS CARES ACT HUDFUNDS
NO.: 0471 TIER2 AWARDS
CODE: C TYPE: CONSENT PUBLIC N�
HEARING:
SUBJECT: Authorize the Acceptance of Award of Federal Grant Funds in the Amount of
$2,924,143.00 from the U.S. Department of Housing and Urban Development
Coronavirus Aid, Relief, and Economic Security (CARES) Act Community Development
Block Grant and Emergency Solutions Grant Funds, and Authorize Execution of Related
Contracts (ALL GOUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council:
1. Authorize the acceptance award of federal grant funds in the amount of $2,924,143.00 from the U.S.
Department of Housing and Urban Development Coronavirus Aid, Relief, and Economic Security
(CARES) Act for programs detailed below;
2. Authorize the City Manager or his designee to execute conteacts with the agencies listed in Tables l
and 2 belowfor up to eighteen-month terms for Coronavirus Aid, Relief, and Economic Security
(CARES) Act Community Development Block Grant (CDBGCV) and Emergency Solutions Grant (ESG-
CV) funds, contingent upon receipt offunding and satisfactory completion of all regulatory
requirements; and
3. Authorize the City Manager or his designee to extend contracts for up ,to one year if an agency
requests an extension and such extension is necessary for completion of the program, or to amend
contracts if necessary to achieve program goals, provided any amendment is within the scope of the
program and complies with City policies and all applicable laws and regulations governing the use of
federal grant funds.
� •
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020
to respond to the many impacts of the COVID-19 public health emergency. The CARES Act includes
provisions to help local governments prevent, prepare for and respond to the Coronavirus, including
providing for additional allocations of formula grant funds under the Community Development Block
Grant and Emergency Solutions Grant programs. The City was notified on April 9, 2020 of the award,
consisting of $4,360,290.00 in CDBG-CV funds and $2,202,929.00 in ESG-CV funds.. All funds must be
used to prevent, prepare for, and respond to the coronavirus.
On May 19,2020, City Council approved a Substantial Amendment to the City's 2049-20 Action Plan for
U.S. Department of Housing and Urban Development (HUD) grant funds stating how these CARES Act
grant funds were to be used, and amended the City's Citizen Participation Plan to reduce public comment
periods for CARES Act funds from 30 days to five days as authorized by the CARES Act (M&C 20-0330).
This 5-day public comment period was held from May 3, 2020 to May 9, 2020. Notice of this public
comment period was published in the Fort Worth Star-Telegram, posted on the City's website, and
distributed through the City Community Engagement Office. Any comments received are maintained by
the Neighborhood Services Department in accordance with federal regulations.
The Substantial Amendment to the Action Plan for CARES Act funds was based on the following guiding
principles as approved on April 29, 2020 by the Community Development Council (CDC):
Addressing needs which HUD grant funds are uniquely qualified to serve and that other funding sources
cannot serve (housing).
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Addressing the most urgent needs (food, shelter) and the needs of populations most sensitive to the
Coronavirus (elderly).
Reliance on existing allocation processes and existing nonprofit partners to increase the speed and
simplicity of service delivery and to reduce administrative challenges and compliance concerns.
Consistency with local priority needs and goals previously established in the City's 2018-2020 Consolidated
Plan.
Using these principles, three key activities were approved by the CDC for the use of CARES Act funds:
emergency rental assistance, services for the elderly, and employment related services. Emergency
rental assistance activities address both the affordable housing and homeless services Consolidated
Plan goals and may include homelessness prevention and rapid rehousing for persons already
homeless. All emergency rental assistance programs funded with CARES Act funds will provide up
to three months rental payments for income eligible applicants, and will require tenants pay no more than
30 percent of their income towards their rent. Services forthe elderly address the Aging in Place
Consolidated Plan goal. Employment-related services address the Poverty Reduction Consolidated Plan
goal.
The CDC also approved a two-tier process for allocation of these HUD CARES Act funds. Tier One funds
totaling $2,546,754.00 were awarded to activities and agencies through M&C 20-0330 (which also
appropriated the entire award of $6,810,056.00). Tier Two funds totaling $2,924,143.00 ($457,664.00 in
ESG-CV and $2,466,479.00 in CDBGCV) were to be allocated through a competitive Request for
Proposal (RFP) with the goal of identifying additional service delivery partners by the end of May. The
responses to the Tier Two RFP were received on May 25, 2020. The CDC reviewed the proposals and
approved recommendations for additional CARES Act funding awards on June 3, 2020.
As authorized by the CARES Act, for all CDBGCV, ESG-CV, and HOPWA-CV contracts, the Effective
Date for reimbursement of eligible costs will be March 13, 2020, the date of the declaration of national
emergency due to COVID-19, provided such costs have been documented to have been incurred to
prevent, prepare for, or respond to the Coronavirus Pandemic.
A summary of these Tier Two funding recommendations approved by the CDC is provided below. A
spreadsheet of funding recommendations is also attached.
CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT: Tier II (CDBG-CV)
It is recommended that the $2,466,479.00 of CDBG-CV funds be awarded for public service agency
contracts as follows:
TABLE 1: CDBG-CV AGENCIES
AGENCY PROGRAM AMOUNT
Housing
Channel Emergency Rental Assistance $350,000.00
Center for
Transforming Emergency Rental Assistance $656,358.00
Lives
Meals on
Wheels, Inc. Home Delivery of Meals/Food $100,000.00
of Tarrant
County
Family
Pathfinders of Emergency Rental Assistance $375,000:00
Tarrant
County
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The
Presbyterian
Night Shelter
of Tarrant
County, Inc.
Clean Slate Employment Services
$160,000.00
Recovery
Resource
Council
Sixty and
Better, Inc.
Employment Services for Veterans
Meal Delivery Program
Tarrant
County Emergency Rental Assistance
Samaritan
Housing, Inc
The Salvation Emergency Rental Assistance
Army
The Women's
Center of
Tarrant Employment Services
County, Inc.
TOTAL
CDBGCV
CONTRACT
$54,900.00
$200,000.00
$200,000.00
$250,000.00
$120,221.00
$2,466,479.00
CARES ACT EMERGENCY SOLUTIONS GRANT (ESGCV)
It is recommended that the $457,664.00 ESG-CV funds be awarded for public service agency contracts
as follows:
TABLE 2: ESG-CV AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night
Shelter of Tarrant County, Rapid Re-Housing $200,000.00
Inc.
Center for Transforming Lives Rapid Re-Housing $257,664.00
TOTAL ESG —CV $457,664.00
CONTRACTS
All figures have been rounded to the nearest dollar for presentation purposes.
These programs are available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, adoption of the
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attached appropriation ordinance and receipt of grant funds, funds will be available in the current
operating budget, as appropriated, of the Grants Operating Federal Fund. These are reimbursement
grants. The Neighborhood Services Department has the responsibility to validate the availability of funds
prior to an expenditures being made.
�.
Fund De artment Account Pro ect Pro ram Activit Bud et Reference # Amount
p 1 J Y 9
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bv•
Originatiny Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Victor Turner (8187)
Barbara Asbury (7331)
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