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HomeMy WebLinkAboutContract 59871CSC No. 59871 STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Tarrant Area Food Bank (hereafter "Agency"), a Texas non- profit corporation. City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development (HUD)_ through the Community Development Block Grant ("CDBG") Program, Program No. B-20-MW-48-0010, Catalog of Federal Domestic Assistance No. 14.218; 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 benefit low and moderate income citizens in accordance with 24 CFR Part 570, as amended from time to time; WHEREAS, Agency submitted a proposal and was selected to use CDBG-CV funds to provide eligible public services to individuals and families, and low -and moderate - income target areas where 51 % of the population is low and moderate income; WHEREAS, Agency will address food deserts in the city of Fort Worth by providing mobile food bank and benefits enrollment services in neighborhoods where 51 % of the populations is low and moderate income; WHEREAS, 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. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. OFFICIAL RECORD 2. DEFINITIONS. CITY SECRETARY FT. WORTH, TX CDBG-CV 51% PSA CONTRACT 22-23 Page 1 Tarrant Area Food Bank Rev. 06/18/2020 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: Area Median Income or AMI means the median family income for the Fort Worth - Arlington metropolitan statistical area as established annually by HUD. The 2022 income limits are attached hereto as EXHIBIT "A-1" — 2023 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. CDBG means Community Development Block Grant. Complete Documentation means the following documentation as applicable: • Attachments I, II, and III, with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: (i) Source documentation of household income, or (ii) only if source documentation is not available, verifiable self -certification of income such as the City's Certification Income Statement attached as EXHIBIT "E" — Form of Income Self -Certification or a similar form approved by City, and documentation of client need directly related to and/or caused by the Coronavirus Pandemic; and other eligibility documentation further described in Exhibit "A" — Program Summary. 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. CDBG-CV 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. Countywide Agencies means agencies with 10% or more of clients that reside outside of the boundaries of the City. All other agencies are considered Fort Worth agencies. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. CDBG-CV 51% PSA CONTRACT 22-23 Page 2 Tarrant Area Food Bank Rev. 06/18/2020 Director means the Director of the Neighborhood Services Department. Effective Date means May 23, 2023. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Information System, HUD's project tracking system. Income Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances. The definition of annual income to determine client income eligibility shall be the definition contained in 24 CFR Part 5.609, as amended from time to time. National Objective means an activity that benefits low and moderate income persons. For the purposes of this Contract, at least 51% of the clients served by the Program must be Income Eligible Clients. 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 twenty-four (24) months following the date of Contract execution May 2025 unless earlier terminated as provided in this Contract. CDBG-CV 51% PSA CONTRACT 22-23 Page 3 Tarrant Area Food Bank Rev. 06/18/2020 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG-CV Funds. City shall provide up to $242,000.00 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. 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 Regulations 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 Documentation, 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 Budget amendment is approved (as approved, the "Amended Budget"), then the Amended Budget shall be memorialized in a written amendment to this Contract. The Amended Budget will CDBG-CV 51% PSA CONTRACT 22-23 Page 4 Tarrant Area Food Bank Rev. 06/18/2020 take effect on the first day of the month following the month in which the Contract amendment is executed, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted no later than 90 days prior to the date of the end of the term of this Contract. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Pavment of CDBG-CV Funds to Agencv. 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 term 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 Funds not spent or approved for reimbursement to Agency shall remain with City. 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A" — Program Summary and the table below: nduplicated Clients as specified in EXHIBIT "A" — Program jMoh 'tares Summ= 4 16% 16% 8 32% 32% 12 48% 48% 16 64% 64% 20 80% 80% 24 100% 100% 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 CDBG-CV 51% PSA CONTRACT 22-23 Page 5 Tarrant Area Food Bank Rev. 06/18/2020 payment 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 2,400 Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration under future City Requests for Proposals for federal grant funds. 5.3.4 Amendments to performance milestones regarding CDBG-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 Contract. The Amended Performance Milestones will take effect on the first day of the month following the month in which the Contract Amendment is executed unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by six months prior to the date of the end of the term of this Contract. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" - Program Summary. 5.4 Identifv Program Expenses 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 Objective. 5.6 Program Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with CDBG-CV Funds without City's written consent. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document client eligibility as follows: 6.1.1 Monthly Report Form: CDBG Eligibility. Agency must verify all new clients' income with either a verifiable self -certification of income such as the City's Certification of Income Statement attached as EXHIBIT "E" — Form of Income Self -Certification or a similar form approved by City, or Source Documentation. Agency must use the annual income definition in 24 CFR Part 5.609 to establish client income and must use the most current HUD Income Guidelines. The CDBG-CV 51% PSA CONTRACT 22-23 Page 6 Tarrant Area Food Bank Rev. 06/18/2020 income of all Program clients must be documented and at least 51 % of them must be Income Eligible Clients. 6.1.1.1 If Agency serves both Fort Worth and non -Fort Worth clients, the proportion of Program costs allocated to the CDBG-funded portion of the Program Budget must be consistent with the proportion of Fort Worth clients to all clients. 6.1.1.2 All Program clients must be reported on EXHIBIT "D" — Reimbursement Forms, Attachment III. All Program clients whose income has not been verified will be deemed to not be Income Eligible Clients and shall not be included in the 51%. 6.1.2 Verification of Program Eligibility. 6.1.2.1 At the end of each quarter during the Contract term, Agency shall verify CDBG Program Eligibility by confirming that at least 5 1 % of clients served by the Program to date are Income Eligible Clients as reported on Attachment III. 6.1.2.2 If Agency fails to verify Program eligibility on a quarterly basis in compliance with this Section, Agency will have 30 calendar days or until the next monthly invoice to cure. 6.1.2.3 City will notify Agency by e-mail within 14 calendar days if the Program performance milestones were not met within the requirements outlined in this Section 6.1.2.2. Agency will have an additional 7 calendar days from the date of the e-mail notice to meet these requirements. 6.1.2.4 In the event the Agency fails to meet the Program performance milestones, City reserves the right in its sole option to delay or withhold payment of Reimbursement Requests, to lower Agency's allocation of CDBG Funds, or to terminate this Contract. 6.2 Monthly Performance Goals. On average agency will provide (100) households per month with food with the Program and will also obtain applications for TANF, WIC, and similar food programs from 60 households per month. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section 6 for 5 years following the expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract. CDBG-CV 51% PSA CONTRACT 22-23 Page 7 Tarrant Area Food Bank Rev. 06/18/2020 7. ADDITIONAL CDBG REQUIREMENTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, as well as any further requirements established by HUD regarding CDBG funds upon receiving notification of such additional requirements from City, including but not limited to the following: 7.1 Environmental Review. CDBG-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 any applicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately, and (ii) require Agency to repay City the CDBG-CV Funds it has already received and forfeit any future payments of CDBG-CV Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of an environmental review, (ii) approval of any applicable Substantial Amendments to the 2019-2020 Action Plan regarding CARES Act grant funds, and (iii) receipt by City of a grant agreement from HUD. 7.3 Monitoring. 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract and the CDBG Regulations for the term of this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5-year period. For purposes of this Contract, this 5-year period for monitoring is deemed to begin on the date after the final date of the full contract term including any extensions in term, and end on the date five full years after that date. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining to the use of the CDBG-CV Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on -site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide CDBG-CV 51% PSA CONTRACT 22-23 Page 8 Tarrant Area Food Bank Rev. 06/18/2020 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 Term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report during the term of this Contract. 7.4 Agencv Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and 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 termination shall be affected and the basis for settlement of the terminated contract, if any, as required by Appendix II (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the government wide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with CDBG-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 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG-CV Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. CDBG-CV 51% PSA CONTRACT 22-23 Page 9 Tarrant Area Food Bank Rev. 06/18/2020 7.6.1 Prohibition of Duplication of Benefits Agency agrees to comply with Section 312 of the Stafford Disaster Relief and Emergency Assistance Act which prohibits the duplication of benefits or financial assistance to people or entities affected by a Federally declared emergency. Agency agrees to establish and maintain adequate procedures to prevent any duplications of benefits with CDBG-CV funds. 7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG-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 fulfill the requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the Contract term ends. 7.9 Covvright and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract. 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.14.2.1 and 14.14.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower CDBG-CV 51% PSA CONTRACT 22-23 Page 10 Tarrant Area Food Bank Rev. 06/18/2020 protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, Agency shall: 7.12.1 Establish and maintain effective internal control over the CDBG-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 controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO"); 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and the terms and conditions of this Contract; 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 8. RECORD KEEPING, REPORTING AND DOCUMENTATION REOUIREMENTS. AUDIT. 8.1 Record Keeping. Agency shall maintain a record -keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5-year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5-year period for record retention is deemed to begin on the date after the final date of the full contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. CDBG-CV 51% PSA CONTRACT 22-23 Page 11 Tarrant Area Food Bank Rev. 06/18/2020 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 contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. 8.4 Change in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year. All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, City, and General Accounting Office. 8.5.2 Citv Reserves the Right to Audit. CDBG-CV 51% PSA CONTRACT 22-23 Page 12 Tarrant Area Food Bank Rev. 06/18/2020 City reserves the right to perform an audit of Agency's Program operations and finances at any time during the term of this Contract and for 5 years after the Contract term ends if City determines that such audit is necessary for City's compliance with the CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract, this 5-year period for City audit is deemed to begin on the date after the final date of the full contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REOUIREMENTS. 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15" day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received by July 15. In the event the 15" falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 10.1. 9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 7 calendar days from the date of the e-mail notice to submit any requested information or missing documentation. If Agency fails to submit all the required information or missing documentation within 7 calendar days from the first e-mail, Agency may, at the City's sole discretion, forfeit any payments otherwise due that month and failure to submit any requested information may, at the City's sole discretion, be considered an event of default as outlined in Section 10.1.2. 9.2 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT "D" —Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I — Invoice. This report shall contain the amount requested for reimbursement each month or CDBG-CV 51% PSA CONTRACT 22-23 Page 13 Tarrant Area Food Bank Rev. 06/18/2020 partial month, the cumulative reimbursement requested to date (inclusive of that month's or partial month's request). 9.2.2 Attachment II — Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between CDBG-CV-funded time 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 unless approved in writing in advance by City as authorized under the CARES Act. 9.2.2.2 For non -payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. 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 Report. 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 income verification for each Unduplicated Client the first time the client is served by the Program, which will either be the completed form of EXHIBIT "E" - Form of Income Self Certification or similar form approved by City, or Source Documentation. 9.2.4 Delivery of Reimbursement Request. Reimbursement Requests must be submitted through required software system approved by City or in other manner required by City by the deadline(s) in Section 9.1.1. 9.3 Withholding Pavment. Failure to timely submit accurate and complete Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. CDBG-CV 51% PSA CONTRACT 22-23 Page 14 Tarrant Area Food Bank Rev. 06/18/2020 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Request or Required Documentation. 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 5 calendar days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency may, at the City's sole discretion, forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective 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 any period during which Agency is in default of this Contract. 10.1.5 In the event of termination under this 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 Revorts and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the records maintained or reports submitted or documentation is not in compliance with this Contract or the CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG-CV Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and CDBG-CV 51% PSA CONTRACT 22-23 Page 15 Tarrant Area Food Bank Rev. 06/18/2020 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. 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. CDBG-CV 51% PSA CONTRACT 22-23 Page 16 Tarrant Area Food Bank Rev. 06/18/2020 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 or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil, Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG-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 ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG 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. CDBG-CV 51% PSA CONTRACT 22-23 Page 17 Tarrant Area Food Bank Rev. 06/18/2020 In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG-CV Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of ALencv Terminates Contract. This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of termination under this Section, all CDBG-CV Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Agency with the CDBG-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 CDBG-CV 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. CDBG-CV 51% PSA CONTRACT 22-23 Page 18 Tarrant Area Food Bank Rev. 06/18/2020 Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of termination under this Section 12, all CDBG-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 City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on the date after the final date of the full eighteen month contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS 14.1 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 Resvondeat 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 tasks performed hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agencv Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. CDBG-CV 51% PSA CONTRACT 22-23 Page 19 Tarrant Area Food Bank Rev. 06/18/2020 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-CV-funded service. 14.5.1. Separation of ExWicitly 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 that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by CDBG-CV Funds and participation must be voluntary for clients of a CDBG-CV-funded service. 14.5.3 Required Notices. If Agency constitutes a Faith -based organization under 24 CFR Part 5.109, Agency must provide all clients of a CDBG-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-CV-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 alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severabilitv. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a CDBG-CV 51% PSA CONTRACT 22-23 Page 20 Tarrant Area Food Bank Rev. 06/18/2020 court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.10 Paragraph Headings for Reference Onlv, No Legal Significance; Number and Gender. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine and feminine. The words "include" and "including" whenever used herein shall be deemed to be followed by the words "without limitation". 14.11 Compliance With All Applicable Laws and Regulations. Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570 ➢ Coronavirus Aid, Relief, and Economic Security Act of 2020 ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by persons of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 etseq.) and the Clean CDBG-CV 51% PSA CONTRACT 22-23 Page 21 Tarrant Area Food Bank Rev. 06/18/2020 Water Act of 1977, as amended (33 U.S.C. Sections 1251 etseq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended 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 mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324,41 U.S.C. 4304 and 41 U.S.C. 4310. 14.12 urm Assisted PFoieets and E,,,..i,..,ment and ,.+heF E,.,.,,,.,,,; . art ties; Seetion 3 Reauirements. 14.13 Prohibition Against Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Agency may not CDBG-CV 51% PSA CONTRACT 22-23 Page 22 Tarrant Area Food Bank Rev. 06/18/2020 discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor's, Subcontractor's or Vendor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. f Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or Vendor's name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, CDBG-CV 51% PSA CONTRACT 22-23 Page 23 Tarrant Area Food Bank Rev. 06/18/2020 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. f Contractor's, Subcontractor's or Vendor's name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 14.13.3 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 discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE - REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law. 14.14.1 Auencv Safeguards. Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.14.2 General Prohibitions Against Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG-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-CV-funded services, may obtain a financial interest or benefit from a CDBG-CV-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter. CDBG-CV 51% PSA CONTRACT 22-23 Page 24 Tarrant Area Food Bank Rev. 06/18/2020 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. The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement of property and services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. 14.14.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the prohibition contained in Section 14.14.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency's officers, employees or agents. 14.14.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. CDBG-CV 51% PSA CONTRACT 22-23 Page 25 Tarrant Area Food Bank Rev. 06/18/2020 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. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.14.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.15 Subcontracting with Small and 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"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15.2.1 In order to comply with federal reporting requirements 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hereto as EXHIBIT "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 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. CDBG-CV 51% PSA CONTRACT 22-23 Page 26 Tarrant Area Food Bank Rev. 06/18/2020 14.17 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.18. Right to Inspect Agencv 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 Maieure 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 Maj eure 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 perform as soon as possible. 14.20 IMMIGRATION NATIONALITY ACT. City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Agency 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 certification letter that it has complied with the verification requirements required by this Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, CDBG-CV 51% PSA CONTRACT 22-23 Page 27 Tarrant Area Food Bank Rev. 06/18/2020 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. CDBG-CV 51% PSA CONTRACT 22-23 Page 28 Tarrant Area Food Bank Rev. 06/18/2020 AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Agency hereby expressly waives its rights to plead defensively such 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 $242,000 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 paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Date of Execution of the Contract, Agency shall be in default of the Contract and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability (CGL) Insurance $ 500,000 each occurrence $1,000,000 aggregate limit Non -Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single -limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate CDBG-CV 51% PSA CONTRACT 22-23 Page 29 Tarrant Area Food Bank Rev. 06/18/2020 Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $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. CDBG-CV 51% PSA CONTRACT 22-23 Page 30 Tarrant Area Food Bank Rev. 06/18/2020 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 City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims -made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees, volunteers and committee members. 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 CDBG Funds as provided to property owned by Agency. 18. CERTIFICATION REGARDING LOBBYING. The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. CDBG-CV 51% PSA CONTRACT 22-23 Page 31 Tarrant Area Food Bank Rev. 06/18/2020 Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 20. NOTICE. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office Attention: Jessika Williams 200 Texas Street Fort Worth, TX 76102 Telephone: 817-3 92-7600 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Victor Turner Telephone: 817-3 92-7540 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Tamara Jones Telephone: 817-392-595 8 Agencv: Tarrant Area Food Bank Julie Butner 2600 Cullen St. Fort Worth, TX 76107 CDBG-CV 51% PSA CONTRACT 22-23 Page 32 Tarrant Area Food Bank Rev. 06/18/2020 Telephone: 817-857-7120 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. 23. PROGRAM INCOME Parties agree that no program income as defined by HUD shall be earned as a result of this contract. [SIGNATURES APPEAR ON NEXT PAGE] CDBG-CV 51% PSA CONTRACT 22-23 Page 33 Tarrant Area Food Bank Rev. 06/18/2020 IN WITNESS WHEREOF, the Parties hereto have executed I original of this Contract in Fort Worth, Tarrant County, Texas. 4,povvnn-� -AP o. ATTEST: o° oa* o aaan��zo54b` (City Secretary, Jannette Goodall M&C: 23-0422 1295 Certification No. 2023-1006153 Date: May 23, 2023 CITY OF FORT WORTH By: 7",,,r- Fernando Costa, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: i Jessika Williams, Assistant City Attorney APPROVED BY: Victor Turner Director, Neighborhood Services Department CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements z k' 41--� Tamara Jones, Neighborhood Program Coordinator TARRANT AREA FOOD BANK ate, By: Julie Butner, President and CEO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CDBG-CV 51% PSA CONTRACT 22-23 Page 34 Tarrant Area Food Bank Rev. 06/18/2020 EXHIBITS: EXHIBIT "A" —Program Summary EXHIBIT "A-1" — 2023 HUD Income Limits EXHIBIT "A-2" — Reporting Requirements for Countywide Agencies EXHIBIT "B" — Budget EXHIBIT "C" — Audit Certification Form 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 CDBG-CV 51% PSA CONTRACT 22-23 Page 35 Tarrant Area Food Bank Rev. 06/18/2020 EXHIBIT A PROGRAM SUMMARY TARRANT AREA FOOD BANK- RESOURCE AND EDUCATION DELIVERED May 23, 2023 to May 31, $242,000 2025 AMOUNT PERIOD Capitalized terms not defined herein shall have meanings assigned them in the contract. PROGRAM: The Program will provide mobile food bank and SNAP (food stamps) enrollment assistance to low -to - moderate income individuals and families within target low- and moderate -income neighborhoods in Fort Worth (see Exhibit A -I target area map). The goal of the program is to reduce the negative impact of food deserts by increasing access to fresh produce and basic food items not readily available in target communities in Fort Worth. The program will also improve sustainability of access to healthy food by ensuring application assistance for state/federal programs. The Program responds to the COVID-19 Pandemic by reducing the need of vulnerable populations to go to grocery stores or other public places where COVJD-19 spread is common. Locations in the target area have demonstrated high incidence of obesity and similar risk factors for COVID-19. These services will include application assistance in completing the state application for Special Needs Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) program, Children's Health Insurance Program (CHIP), Women, Infants, and Children (WIC), and Medicaid for Employed People with Disabilities (MEPD) programs and provide referrals for other support programs. The program will also provide emergency food boxes, including fresh produce as available, and provide nutrition education in the targeted areas. Staff for the program will ensure that required documentation is complete, including proof of income, state identification, and proof of address, to confirm eligibility. CDBG funds will be used to pay for the two-year operational and support costs associated with the Resources and Education Delivered (RED) Bus's operations within low- and moderate -income areas in the City of Fort Worth. The RED Bus mobile unit and Program services will be available at a minimum of 9 days per month in the target communities throughout the two-year contract term. Agency shall not change target service areas for the program without prior City approval and contract amendment (which may require revisions to reporting requirements). Costs incurred at any locations that have not been approved by City shall not be reimbursed. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 5 Public Services National Objective Citation: 24 CFR 570.208(a)(1) Regulatory Citation(s): 24 CFR 570.201(e) PROGRAM GOALS: Minimum Number of Fort Worth Clients to be Served: The Program will enroll a minimum of 1,200 Unduplicated Clients annually from Fort Worth as shown by the Monthly Performance Report, and 2,400 for the 2-year term of the contract, into the applicable public nutritional service CDBG RED BUS CONTRACT - Tarrant Area Food Bank Percent of Low to Moderate Income by Census Block Group Percent of Low & Moderate Income Individuals Y High (51 %- 70%) r Very High ( More than 70 % ) -� 1 i 4 r � F U.S. Census Bureau. 2015-2019 American Community Survey (ACS) 5-Year Estimates Low and Moderate Incomes n F QRTWORTH. Miles S 0 2 4 8 12 C, Copyright 20170tyof fort Worth. Unauthorize<I reproduction is a violation of applicablell;lws This product is for Info, mational purposes and may not havebeenprepared for or suitable for I egal. engineering. or surveying purposes. It doesnol represent an on•Ihe-ground survey and repre$ents only approximate relc;llive location of property boundaries. The Cilyof Fort Worth assumes no responsibilily for the accuracy of salddala. Percent of Low to Moderate Income by Census Block Group 76073 76023 76262 76052 76177 76082 _" 7fi2Q4 y 75248 76}79 h 76020 76088 76086 J E 76022 75028 50fi 7"07 / 75019 75006 76092 j 76051 J 75234 75063 - 752zs 76131 78034 ! 75039 76182 75261 75036 75220 75748 _ '� 76085 76137 76039 760 76021 75062 -,i 76180 75}35 r ` 1 _r •, 76022 75061 - - ff r_ 78040 ! 7670 .., 75 d7 76053 No, MIT 76155 75060 76118 Tfi?fi4�'` 76108 76114 7s11' 7sz1a f76DD6 75050 76087 76127 - :�• 7 76102 - - - - - V 76612 76011 76087 76008 7fi 126 T6035 78 9 444 'fiO4.41 Percent of Low & Moderate Income Individuals Very Low ( Less than 16%) Zip Codes Low ( 17% - 32% ) Average ( 33% - 50% 1 High (51 % - 70% ) Very High ( More than 70 % } �— 76107 - 75211 -. 76104 75051 j 76105 76013 76010 76715 76 I ` r �f �`'ir•2 7— 76109 6770 76119 !! 76015 75015 76014 75236 •7fi�1,22 76115 78i32 ' 7S0S2 " 7601T 76018 75116 76133 _. 75134 76060 76249 75137 76591 76123 76140 78002 �_ 75054 75 -15 75104 79039 76063 _ L.S. Census Bureau. 2015-2019American Community Survey (ACS) 5-Year Estimates Low and Moderate Incomes r1 . t 4. FOR` T� H,: 0 2 4 8 12 ® COpyryhl 2017 CYty of Fod W❑M. unawhWi-4 repr❑d❑ct— 5 a vi❑19ti❑n ❑f applicable f—S.mis prod-t is fo* iM—tionaf purposes and may nol have been prepared for or suitable for tegal, engm-Ting, or surveying purposes. 11 d— nal represent an an-Iho-g—d —u Y s 4 represents anfy eppmxi mete'0.1 .e 1❑gati❑n of p� perly Oftroan"- Miles The City of Fad Worth assumes- responsibility far the accuracy .(-id dal.- 2023 CDBG Income limits AMI 1 person 2 people 3 people 4 people 5 people 6 people 7 people 30% $20,100 $23,000 $25,850 $28,700 $31,000 $33,300 $35,600 50% $33,500 $38,300 $43,100 $47,850 $51,700 $55,550 $59,350 60% $40,200 $45,960 $51,720 $57,420 $62,040 $66,660 $71,220 80% $53,600 $61,250 $68,900 $76,550 $82,700 $88,800 $94,950 TW effective 611512023 8 people $37,900 $63,200 $75,840 $101,050 EXHIBIT "A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES CDBG 5 1 % PSA CONTRACT-- EXHIBIT "A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES 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 December, March, June and September Reimbursement Requests. The submission of the Quarterly Report is through ZoomGrants. The information provided in the Quarterly Report will be reviewed and monitored by the Neighborhood Services Department Compliance Division. A B C D E F EXAMPLE: 250 200 450 250=450=55% January 17, 2023 October 1, 2022 — December 31, 2022 April 15, 2023 January 1, 2023— March 30, 2023 July 15, 2023 April 1, 2023 — June 30, 2023 October 3, 2023 July 1, 2023 — September 30, 2023 TOTAL 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: CDBG 5 1 % PSA CONTRACT-- EXHIBIT "A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Date: EXHIBIT "B" - BUDGET Account I CDBG 9 1 TAFB CDBG I TAFB Total ROGRAM PERSONNEL I IYear 1 Year 2 Salaries FICA Life/Disability Insurance Health/Dental Insurance Unemployment -State Worker's Compensation Retirement 1001 $ 43,000.00 $ 129,000.00 $ 172,000.00 1002 $ 3,289.50 $ 9,868.50 $ 13,158.00 1003 $ 700.00 $ 2,100.00 $ 2,800.00 1004 $ 6,000.00 $ 22,500.00 $ 28,500.00 1005 $ 396.00 $ 1,188.00 $ 1,584.00 1006 $ 250.00 $ 750.00 $ 1,000.00 1007 $ 860.00 $ 2,580.00 $ 3,440.00 Office/Program Supplies 2001 $ - Postage 2002 $ - Printing 2003 $ - Computers 2004 $ - Books 2005 $ - ISCELLANEOUS IN Contract Labor (City needs copy of contract before expenses can be reimbursed) 3001 $ - Food Supplies 3002 $ - Teaching Aids 3003 $ - Craft Supplies 3004 $ - Field Trip Expenses 3005 $ - Mileage 3006 $ - Other () 3007 $ - OtherQ 3008 $ - FACILITY AND UTILITIES Telephone 4001 $ - Electric 4002 $ - Vehicle Fuel 4003 $ - Water and Wastewater 4004 $ - Solid Waste Disposal 4005 $ - Vehicle Cost 4006 $ - Cleaning Supplies 4007 $ - Other(vehicle maintenance) 4008 $ - INSURANCE Fidelity Bond or Equivalent 5001 $ Directors and Officers 5002 $ General Commercial Liability 5003 $ OtherO 5004 $ DIRECT ASSISTANCE Other BUDGET TOTAL 6001 $ 54,495.50 $ - $ 167,986.50 $ - $ 222,482.00 FUNDING A: FUNDING B: FUNDING C: FUNDING D: CDBG CONTRACT - EXHIBIT "B" - Page 1 The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B" — Budget is. SALARY DETAIL -PROGRAM PERSONNEL Est. Percent to Amount to Position Title Annual Salary Grant Grant TOTAL FRINGE DETAIL -PROGRAM PERSONNEL Percent of Est. Percent to Amount to Payroll Amount Grant Grant FICA Life/Disability Insurance Health/Dental Insurance Unemployment -State Worker's Compensation Retirement TOTAL SUPPLIES AND SERVICES Est. Percent to Total Budget Grant Office/Program Supplies Postage Printing Adv/Media, Dues/Pub, Printing, Bank Fees TOTAL $ - MISCELLANEOUS Est. Percent to Total Budget Grant Contract Labor #DIV/0! Food Supplies Teaching Aids Craft Supplies Field Trip Expenses Mileage TOTAL $ - #DIV/0! Amount to Grant Amount to Grant FACILITY AND UTILITIES Est. Percent to Amount to Total Budget Grant Grant Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent Cleaning Supplies Repairs Custodial Services Utilities, Transportation, PP & E TOTAL LEGAL, FINANCIAL AND INSURANCE Est. Percent to Amount to Total Budget Grant Grant Fidelity Bond or Equivalent Directors and Officers General Commercial Liability Prof Fees TOTAL $ - DIRECT ASSISTANCE Est. Percent to Amount to Total Budget Grant Grant Audit/IT/Legal Volunteer Recruitment, Misc. TOTAL $ - EXHIBIT "C" AUDIT CERTIFICATION FORM CDBG PSA CONTRAC'r - EXHIBIT "C" - AUD1T CERTIFICATION FORM -- AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Fiscal Year Ending: September 30, 2023 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $750,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedide below) Tekral Expendituare-Aiscldsure MUST be filled out if Single Audit, 6r Program Audit is NOT required. .; .::Pass Throtu�� h',Pro arriNarne Bc::: Copira�t `Federal Grantor Ex] dit r Grantor CFDA Number Numbe 1 I f Total Federal Expenditures for this Fiscal Year: CEO r 'a3 Signatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CDBG PSA CONTRACT — EXHIBIT "C" -- AUDIT CERTIFICATION FORM Exhibit D Attachment I- Request Summary Agency: Address: City, State, Zip: Program: Month of Service: Tax ID Number: Contract Number: Case ID: P.O. Number: FID Number: IDIS Number: Amount Program Account Original Amount This Invoice Cumulative to Date Remaining Balance (Program Name) Case ID Salaries 1001 $ $ FICA 1002 $ $ $ $ Life/Disability Insurance 1003 $ $ $ $ Health/DentalInsmance 1004 $ $ $ $ Unemployment -State 1005 $ $ $ $ Worker's Compensation 1006 $ $ $ $ Office Supplies 1007 $ $ $ $ Food Supplies 1008 $ $ $ $ - Insurance 1009 $ $ $ $ Accounting 1010 $ $ $ $ Contract Labor 1011 $ $ $ $ TOTAL $ $ $ $ Request Summary Budg Expenditure Percentage Spent Table Total $ $ #DIV/0! $ 22-Oct 22-Nov 22-Dec 23Jan 23-Feb 23-Mar 23-Apr 23-May 23Jun 23-Jul 23-Aug 23-Sep $ - Is - Is Is Is Is - Client Goals Goal Amount Cumulative Total Goal Met % Table Total 0 0 #DIV/0! 0 22-Oct 22-Nov 22-Dec 23Jan 23-Feb 23-Mar 1 0 0 0 0 0 23-Apr 23-May 23Jun 23-Jul 23-Aug 23Sep 0 0 0 0 0 0 Agency: Program: ATTACHMENT II City of Fort Worth Neighborhood Services Depart Expenditure Worksheet Please gr Line 71 No. Check No. Date Payee Description/Job Title* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Total *For Salaries, state employee's title under Description/Job Title. Rent must identify tenant ;ment •oup like account codes. Account Code (See Key to Right) Amount Only highlighted codes can be reimbursed Expense Line Item Account EMERGENCY SHELTER ESSENTIAL SERVICES Salaries 1001 FICA 1002 Life/Disability Insurance 1003 Health/Dental Insurance 1004 Unemployment -State 1005 Worker's Compensation 1006 Office Supplies 1007 Food Supplies 1008 Insurance 1009 Accounting 1010 Contract Labor 1011 Other() 1012 SHELTER OPERATIONS Maintenance 2001 Security 2002 Insurance 2003 Utilities 2004 Supplies 2005 Repairs 2006 OtherO 2007 HOUSING RELOCATION AND STABILIZATION PREVENTION Salaries 3001 FICA 3002 Life/Disability Insurance 3003 Health/Dental Insurance 3004 Unemployment -State 3005 Worker's Compensation 3006 Other() 3007 REHOUSING Salaries 4001 FICA 4002 Life/Disability Insurance 4003 Health/Dental Insurance 4004 Unemployment -State 4005 Worker's Compensation 4006 OtherO 4007 FINANCIAL ASSISTANCE PREVENTION Rental Assistance 1 5001 Utility Payments 5002 REHOUSING Rental Assistance 6001 Security Deposits 6002 Utility Deposits 6003 Utility Payments 6004 Moving Costs 6005 Motel/Hotel Vouchers 6006 HMIS HMIS Software Costs 7001 Agency: Program: Month: This report is meant to list all undup Instructions: tally. Please only list clients one time staff person in that program. Inforn 1 2 2A 3 FORT DATE WORTH SERVICE CLIENT RESIDENT? LOCATION (IF NAME RECEIVED APPLICABLE) SERVICE YES OR NO 2 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 licated clients served during the Contract term (October 1, 2022 to September 30, 2023). Each month, please report th during the first month that they receive service. Clients that continue to receive Program services for multiple months cation for each client listed below must have the demographic information reflected in columns 1 thru 12. Undup Clts for CURRENT MONTH CUMULATIVE Unduplicated Clients *Proposed Client Goal Per Contract % of Milestone Met I #DIV/O! *Do not revise the client goal unless the contract is amended, accordingly. * Please highlight new cli 4 5 6 11 GENDER ETHN (Indicate One) (Indicai STREET ADDRESS (Client Address) AGE MALE FEMALE HISPANIC ATTACHMENT III CLIENT DATA REPORT e information of clients not previously reported. You are required to attach eligibility verification documental only need to be listed one time. Put an "X" in each appropriate box regarding the client's sex, ethnicity, race, Tents for the month. 7 8 ICITY RACE to One) (Indicate One) NATIVE AMERICAN AMERICAN HAWAIIAN OR INDIAN OR INDIAN OR BLACK OR OTHER ALASKAN NON- ALASKAN AFRICAN PACIFIC NATIVE AND ASIAN AND HISPANIC NATIVE ASIAN AMERICAN ISLANDER WHITE WHITE WHITE Lion for each new client. New unduplicated clients should be listed below any previously reported clients so that this shl etc. Please note that reimbursement for salaries will require that the agency report to the City all the clients that were 9 10 11 DISABLED HH INCOME (Indicate One) (Only choose 1 of the 5 columns) <30%AMI 30%-50%AMI 51 %-80%AMI >80% AMI 11 <$20,100 1 <$33,500 1 <$53,600 12<$61,250 1>$ 53,600 2<$23,000 2<$38,300 12>$61,250 BLACK OR AFRICAN AMERICAN AND WHITE AMERICAN INDIAN OR ALASKA NATIVE AND BLACK OR AFRICAN AMERICAN OTHER MULTIPLE RACE COMBINAT- IONS* YES NO HH SIZE 3<$25,850 3<$43,100 3<$68,900 3>$68,900 4<$28,700 4<$47,850 4<$76,550 4>$76,550 5<$31,000 5<$51,700 5<$82,700 5>$82,700 6<$33,300 6<$55,550 6<$88,880 6>$88,880 7<$35,600 7<$59,350 7<$94,950 7>$94,950 8<$37,900 8<$63,200 8<$101,050 8>$101,050 eet will act as a rolling served by that particular EXHIBIT "E" INCOME CERTIFICATION FORMS CDBG 51 % PSA CONTRACT -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS Page 1 City of Fort Worth Applicant Name: Current Address: City and Zip: Last Name CERTIFICATION OF INCOME STATEMENT First Name Phone #: Household Members and Income (including applicant) TOTAL NUMBER OF FAMILY MEMBERS Total Gross Annual Household Income: Age Monthly Source of Income Income $$ (Include Yourself, Spouse, Children, etc.) 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 HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER ❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE? ❑ HISPANIC ❑ YES ❑ YES ❑ NON -HISPANIC ❑ NO ❑ NO Certification: 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 Applicant Date WARNING: TITLE 18, SECTION 1001 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. Household Size: Applicable Income Limit: -----------------For use by Agency staff only ------------ 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, income amounts and sources for ALL household members are required. CDBG 51 % PSA CONTRACT -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS Page 2 Ciudad de Fort Worth CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Direcci6n de Actualidad: Ciudad y C6digo Postal: Apellido Telefono: Miembros Del Ho2ar e Ingresos 'Incluyendo el/la Solicitante) Nombre Edad Ingreso Origen de Ingresos Mensual * TOTAL NUMERO DE MIEMBROS DEL HOGAR (Inclfiyase Usted.) Total, Anual de Ingresos del hogar: **INFORMACIbN PERSONAL: (Seleccione uno en cada articulo. Esta informaci6n es requerida por el Gobiemo federal.) a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGRO/AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & BLANCO ❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO ❑ INDIO AMERICANO/NATIVO DE ALASKA & BLANCO ❑ ASIATICO & BLANCO ❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO ❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO c. ETHNICIDAD d. INCAPACITADO e. DES LA CABEZA DEL HOGAR MUJER? ❑ HISPANO ❑ SI ❑ SI ❑ NO-HISPANO ❑ NO ❑ NO Certificacion: Yo certifico que la informaci6n 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 informaci6n falsa puede dejarme sujeto a penalidades Federales, Estatales, y a ley local. Firma del Solicitante Fecha ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA PERSONA ES CULPABLE DE UN DELITO FOR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS. -----------------Para use de empleados de la agencia ----------- # De Miembros de Familia: Limite de Ingreso: Ingreso Anual: �Es solicitante elegible?: Compruebe si el solicitante se neg6 a dar su informaci6n personal: O Evaluaci6n del empleado sobre informaci6n personal: Persona haciendo la determinaci6n: Fecha: Note: La direccion de la casa y los ingresos (y sus origenes) para todos miembros del hogar son requerido CDBG 51 % PSA CONTRACT -- EXHIBIT "E" -- INCOME CERTIFICATION FORMS Page 3 EXHIBIT "F" STANDARDS OF DOCUMENTATION CDBG 5 1 % PSA CONTRACT -- EXHIBIT "F" -- STANDARDS OF DOCUMENTATION 2022-23 Documentation Standards for CDBG Public Service Contract Expenses Employee Salaries and Benefits - City will only reimburse a percentage of any employee's salary and benefits who work directly with the CDBG-funded Program. Percentages will be cost allocated and determined prior to the execution of the CDBG Contract. Agencies requesting the reimbursement of 100% of any Agency employee will require prior City approval. Agencies must show calculation on how the CDBG portion of employee salaries and benefits were calculated consistently with the CDBG Contract. If an employee works on both a CDBG eligible and non-CDBG eligible program(s), the City will only reimburse for a reasonable portion of the employee's salary. Prior to the execution of the CDBG Contract, the Agency will priovide the City with a written statement on how each employee's time will be allocated. If an employee works 100% of their time directly with the CDBG-funded Program, then 100% of the employee's salary maybe eligible for reimbursement. Agency must submit a written statement that 100% of the employee's time is spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Salaries X X Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s) working directly on the CDBG-funded Program. For employees who are paid with multiple funding sources, timesheets must reflect all funding sources. If separate timesheets are kept for each funding source, all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. *If employees are paid by direct deposit rather than check, then the agency must submit both the direct deposit payment company's report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X X Life Insurance x x x Health x x x If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the Insurance employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and Disability must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and x x x Insurance at any time there are changes to amounts, enrollments, disenrollments, etc. Unemployment x x x Insurance If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the Retirement x x x employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and at any time there are changes to amounts, enrollments, disenrollments, etc. _ Materials, Equipment, Goods and Supplies - City will only reimburse for the cost allocated percent or amount spent in support of the CDBG-funded Program. Agencies requesting reimbursement for these items will require prior City approval. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG Contract. Office Supplies X X X Office Equipment X X X X X Rental Postage X X X Printing X X X Construction & Building X X X X This category is only available for the REACH Program and Habitat for Humanity. Materials Sport and Recreation X X X Equipment Cleaning X X X Supplies Teaching Aids X X X Craft Supplies X X X Food Supplies X X X This category is only available to the Program provided by Meals on Wheels. I Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to the CDBG-funded Program and shall be cost -allocated in accordance with the amount of space used for the CDBG-funded Program. These expenses may only be in support of the CDBG-funded Program. The items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the expenses that is not paid with CDBG funds. Agencies must show calculation on how the CDBG portion of these expenses were calculated consistently with the CDBG Contract. Telephone X X Gas X X Water/Wastew X X ater Electric X X Solid Waste )( )( I CDBG 51 % PSA CONTRACT 2022-2023 Exhibit"F' -- STANDARDS FOR COMPLETE DOCUMENTATION Facility This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor Maintenance X X X X rehabilitation projects and must be approved through the full HUD Environmetal Review. and Repairs Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG- funded program. Miscellaneous This item requires prior approval by the City. Prior to the execution of the CDBG Contract, the Agency must submit a written statement that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to, but is not limited to, services retained for security services, legal, accounting, transportation providers, educational facilitators, custodial services, etc. Agencies may not use the contract services of any City of Fort Worth Department. City -required X X City will only pay for a percentage of the City -required insurance so long as it's in proportion to the square footage attributable to the Insurance CDBG-funded program. City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels, and for each income level the schedule should demonstrate Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee Scholarships schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term, the Agency must immediately notify City on the date the new fee schedule/formula takes into effect. "$0" Income Agecies that are required to verify and provide proof of household income to determine eligibility, must require that anyone who is over Certifications the age of 18, living in the housohold, submit a $0 Income Certification. If an audit is required because federal funds exceed $750,000, then the cost should be split evenly by all grant funding sources. Agency Audit Services X X X X must show calculation on how the CDBG portion of the accounting services were calculated. For example, if the CDBG grant is 10% of your Agency's budget, then invoice shall not exceed 10% of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. 'Proof of payment effective May 23, 2023: payments or Expenses must be documented in the following manner: A) Image of the 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 statement from payee/vendor OR bank statement. Revised as of 09-14-2020 SK CDBG 51 % PSA CONTRACT 2022-2023 Exhibit"F" -- STANDARDS FOR COMPLETE DOCUMENTATION EXHIBIT "G" SECTION 3 REPORTING FORMS NOT APPLICABLE CDBG 51 % PSA CONTRACT -- EXHIBIT "G" -- SECTION 3 REPORTING FORMS Page 1 EXHIBIT "H" SEVERELY DISABLED CERTIFICATION FORM CDBG 51 % PSA CONTRACT - EXHIBIT "H" - SEVERELY DISABLED CERTIFICATION FORM CERTIFICATION FORM DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT" Client Name: Address: City, State, Zip Client Identification No. CHECK ALL THAT APPLY ❑ Has used a wheelchair, a walker, cane , crutches or other special aid for six months or longer 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 seriously interferes with everyday tasks. Is unable to perform one or more of the following "Functional Activities": ❑ seeing, hearing, speaking and having one's speech understood, lifting or carrying, using stairs, grasping small objects, or walking. 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, bathing, dressing, eating, and toileting. 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 using the telephone. ❑ Has a condition that prevents them from working at a job or doing housework. The undersigned Agency representative conducted a visual assessment of the client identified 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: Date: CFW Neighborhood Services Dept.: Revised 08/29/2019 CDBG 51 % PSA CONTRACT - EXHIBIT "H" - SEVERELY DISABLED CERTIFICATION FORM EXHIBIT "I" MBE REPORTING FORM CDBG 5 1 % PSA CONTRACT-- EXHIBIT "I" -- MBE REPORTING FORM Page 1 Contract and Subcontract Activity U.S. Department of Housing and Urban Development OMB Approval No.: 2577-0088 OMB Approval No.: 2502-0355 Public reporting burden for this collection of information is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number. Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals. Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by Law. 1. Grantee/Project Owner/Developer/Spomor/Builder/Agency Check if 2. Location (City, State Zip Code) PH IH CPD Housing 3a. Name of Contact Person 3b. Phone Number (Including Area Code) 4. Reporting Period 5. Program Code (Not applicable for CPD programs.) 6. Date Submitted to Field Office See explanation of Codes at bottom of Page Use a ❑ ❑ Oct. 1 - Sept. 30 (Annual -FY) separate sheet for each program code. Contractor or Grant/Project Number or HUD Subcontractor Case Number or other Amount of Type of Trade Business Subcontractor Contractor/Subcontractor Name and Address identification of property, Contract or Code Racial/Ethnic Woman Owned Business Prime Contractor Identification (ID) Identification (ID) 7j. subdivision, dwelling unit, etc. Subcontact (See below) (See below) (Yes or No) Number See. 3 Number See. 3 7a. 7b. 7c. 7d. 7e. 7f. 7g. 7h 7i. Name Street City State Zip CPD: I = New Construction 2 = Education/Traming 3 = Other 7c: Type of Trade Codes: Housing/Public Housing: 1 —New Construction 6 = Professional 2 — Substantial Rehab. 7 = Tenant Services 3 — Repair 8 = Education/Traming 4 = Service 9 = Arch./Engrg. Appraisal 5 — Project Mangt. 0 = Other 7d: Racial/Ethnic Codes: 5: Program Codes (Complete for Housing and Public and Indian Housing programs only): 1 = White Americans 1 = All Insured, including Sections 5 = Section 202 2 = Black Americans 2= Flexible Subsidy 6 = ITUD-Held (Management) 3 = Native Americans 3 = Section 8 Noninsured, Non-HFDA 7 — Public/India Housing 4 = Hispanic Americans 4 = Insured (Management) 8 — Section 811 5=Asian/Pacific Americans 6 = Hasidic Jews Previous editions are obsolete. form HUD-2516 (8/98) EXHIBIT "J" DUTIES OF THE PARTIES USE OF NEIGH ORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS CDBG 5 1 % PSA CONTRACT - EXHIBIT "J" - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Mencv's Responsibilities: 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 5 1 % PSA CONTRACT - EXHIBIT "J" - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Citv's Resuonsibilities: City will 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 and/or 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 scheduled 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 contractors 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 I") M.L.K. Jr. Day (Third Monday of January) Memorial Day (Last Monday in May) Juneteenth (June 19ffi) Independence Day (July 41n) Labor Day (First Monday in September) Thanksgiving Day (Fourth Thursday of November) Day after Thanksgiving (Fourth Friday in November) Christmas Day (December 251n) "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 5 1 % PSA CONTRACT - EXHIBIT "J" - DUTIES OF THE PARTIES - USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS EXHIBIT "K" NOTICE OF BENEFICIARY RIGHTS CDBG 51 % PSA CONTRACT- EXHIBIT "K" - NOTICE OF BENEFICIARY RIGHTS Notice of Beneficiary Riehts Name of Agency: Name of Program: 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 objection; 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 51 % PSA CONTRACT- EXHIBIT "K" - NOTICE OF BENEFICIARY RIGHTS M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas CITY COUNCILAGENDA FORTIVORT11 Create New From This M&C DATE: 5/23/2023 REFERENCE NO.: **M&C 23-0422 LOG NAME: 19TAFB RED BUS CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: (CD 2, CD 3, CD 5, CD 8, and CD 9 / Future CD 2, CD 3, CD 5, CD 6, CD 8, CD 9, and CD 11) Authorize Change in Use and Expenditure of Up to $242,000.00 of Prior Year's Unprogrammed Community Development Block Grant CARES Act Funds for the Tarrant Area Food Bank Resources and Education Delivered Bus Program, Authorize the Execution of a Contract for Up to Three Years, Authorize a Substantial Amendment to the City's 2019-2020 Action Plan, and Authorize the Substitution of Funding Years RECOMMENDATION: It is recommended that the City Council: 1. Authorize a change in use and expenditures of up to $242,000.00 of prior year's unprogrammed Community Development Block Grant CARES Act funds to the Tarrant Area Food Bank Resources and Education Delivered Bus Program; 2. Authorize the City Manager, or his designee, to execute a contract with Tarrant Area Food Bank in an amount up to $242,000.00 for the Resources and Education Delivered Bus Program with a term not to exceed three years; 3. Authorize a substantial amendment to the City's 2019-2020 Action Plan; and 4. Authorize the City Manager, or his designee, to substitute funding years in order to meet United States Department of Housing and Urban Development commitment, disbursement and expenditure deadlines. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to reallocate available unprogrammed CDBG-CV funds to provide additional funding for a targeted food assistance program. The COVID-19 pandemic and ensuing economic crisis has disproportionately affected communities of color and the poor, worsening already poor health outcomes. Feeding America, the national association of food banks, has indicated that the percent of Tarrant County residents who are food insecure has risen from 13.9\% to 17.5\% during the pandemic. Tarrant Area Food Bank (TAFB) is renewing its focus on underserved communities within the City of Fort Worth and is working on strategies to make a long-term impact in these neighborhoods. In a concerted effort to address food insecurity and the number of identified food deserts within Tarrant County and Fort Worth, in particular, TAFB has a partnership with the City of Fort Worth to serve the most impacted communities, including neighborhoods in the following zip codes: 76104, 76105, 76106, 76107, 76116, and 76119. The services of TAFB are a critical first step in positioning families for success. Access to healthy, nutritious food is a basic need that must be paramount in the quest to alleviate poverty and transform the lives of Fort Worth's most vulnerable residents. The Resources and Education Delivered (RED) Bus Program has played a critical role in TAFB's efforts to remediate these effects. The RED Bus Program takes the food bank's service directly to those most in need. At the heart of the program is a mobile service delivery unit - a specialty built vehicle, which provides space for the display of grocery items and office space for staff. Utilizing this vehicle, TAFB has provided (1) emergency food distribution; (2) nutrition education; and (3) assistance for enrollment of eligible families into federal benefits programs such as SNAP, TANF, CHIP and Medicaid. TAFB has been http://apps.efwnet.org/council_packet/me review.asp?ID=31049&councildate=5/23/2O23 6/22/2023 M&C Review Page 3 of 3 FORM 1295 Certificate Signed.pdf (CFW Internal) Funds 19TAFB RED BUS.docx (Public) TAFB Fid Table.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=31049&councildate=5/23/2O23 6/22/2023