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Contract 41218
CITY SECRETARY CONTRACT NO. 41 Dxg STATE OF TEXAS § COUNTY OF TARRANT § THIS contract ("Contract") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and through T.M. Higgins, its duly authorized Assistant City Manager, and Tarrant Area Food Bank ("Contractor"), whose address is 2600 Cullen St., Fort Worth, Texas, 76107, acting by and through Mr. Bo Soderbergh, its duly authorized Executive Director. (Sometimes City and Contractor are referred to individually as a"Party" and collectively as the"Parties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) for utilization in connection with its Community Development Block Grant ("CDBG"), Program No. B-10-MC-48-0010, for Year XXXVI; WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.218 for this Federal program; and WHEREAS City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's low and moderate-income citizens. NOW, THEREFORE,THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Services a. Contractor will administer Employment Training services to citizens of the City of Fort Worth under the program name Community Kitchen ("Program"), for the term June 1, 2010 to May 31, 2011. b. Contractor will be responsible for administering Community Kitchen in a manner satisfactory to City and consistent with any standards required as a condition of providing the CDBG funds (as hereinafter defined). Contractor will provide the services and activities as set forth in Exhibit A-Program Summary in accordance with Exhibit B- Program Services Schedule. c. Contractor agrees to meet the National Objective of activities benefiting low and moderate-income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files as defined in 24 CFR 570.208. Contractor certifies that the activities carried out under this Contract will serve the required percentage of low and moderate-income persons as set forth in Exhibit A-Program Summary. Contractor will obtain information on family size and income of Program participants-_AJL such_ OFFt� CDBG YEAR XXXVI SUBRECIPIENT CONTRACT ` tR .b lo.b:TAi�Y Tarrant Area Food Bank P documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furnished to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein. A failure to fulfill the National Objective will result in the disallowance of CDBG funding for the Program and Contractor will be required to repay all CDBG Funds to City. d. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring, including noncompliance with any applicable regulation, will constitute non- compliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. e. If applicable, Contractor shall comply and assist City in complying with the provisions of any Federal requirements regarding displacement, relocation and/or real property acquisition; uniform administrative requirements and cost principles; employment and contracting opportunities, use of debarred, suspended or ineligible contractors or subrecipients; eligibility restrictions for certain resident aliens; conflict of interest, and other requirements of Subpart K of the CDBG Regulations. f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons, pursuant to Title VI of the Civil Rights Act of 1964. In addition, all notices and communications regarding the Program shall be provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities, consistent with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 24 CFR 8.6. 2. Compensation and Method of Payment a. City will disburse CDBG Year XXXVI funds ("CDBG Funds") in an amount up to EIGHTEEN THOUSAND AND NO/100 DOLLARS ($18,000) to Contractor on a reimbursement of expenses basis. Contractor is acting as a Subrecipient for the purposes of this Contract in carrying out the agreed-upon eligible activities as set forth in Exhibit A—Program Summary. b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II- Detail Statement of Costs, and (3)Attachment III-Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. City will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. C. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget. Contractor may not increase or decrease line-item amounts in the CDBG YEAR)DOM SUBRECiP1ENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 2 approved CDBG Funds portion of Exhibit C-Program Operating Budget without City's prior written approval. Contractor acknowledges and agrees that any CDBG Funds not used in accordance with the CDBG Regulations and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program is $483,057 and that Contractor will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit C-Program Operating Budget. Contractor will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit C-Program Operating Budget in such instances to ensure compliance with HUD regulations governing cost allocation. e. Contractor agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of$25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of$25.00 per month is subject to remittance to City as directed by City. f. Contractor will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining eligible and allocable costs for the Program. b. Documentation and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the activities to be funded under this Contract required in 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG portion of the Program, including records documenting the eligibility of Program participants as more particularly described herein. The documentation must support the amounts charged to the Program, the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines. ii. Records Retention CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 3 (1)All records pertaining to Program shall be retained for four(4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four(4)year period if no outstanding audit finding exists. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. iii. Real Property Records Contractor shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR § 570.505. iv. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, Program income balances, and accounts receivable to City), and determining the custodianship of records and verification of compliance with record retention requirements. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, (known as a Single Audit), with specific reference to OMB Circulars (with attachments)A-122, "Cost Principles for Non-Profit Organizations", and A- 133, "Audits of States, Local Governments, and Non-Profit Organizations", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within nine (9)months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit D - Audit Certification Form. The Audit Certification Form must be submitted to City within sixty(60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable expenditure of CDBG Funds in an amount proportional to that of the CDBG Funds used in Contractor's total agency operating budget. Non-profit entities that expend less than $500,000 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 ("GAO"). (3) All non-federal entities acting as a Subrecipient for City grant funds that expend less than $500,000 in any Federal funds within one year must submit to City an annual financial audit or annual audited financial statements that cover either Contractor's fiscal year during which this Contract is in force or cover the period CDBG YEAR)DOM SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 4 of this Contract. The audit or financial statements must be submitted to City within thirty(30) days of its completion. (4) Contractor shall submit the following to the City: (i) a copy of Contractor's annual financial report to its Board of Directors and (ii) a copy of its annual filed Internal Revenue Service Form 990, Form 990-EZ,or Form 990-N. (5) City reserves the right to perform an audit of Contractor's agency operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s)with Contractor. (6) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the CDBG Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Reporting Procedures a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2) Attachment II-Detailed Statement of Costs, (3) Attachment III-Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 15th of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. Progress Reports Contractor will submit to City on a monthly basis: (1)Attachment IVa-Program Services Report, (2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V Performance Report, and (4)Attachment VI-Client Data Report for services and activities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15th of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the beginning date of this Contract. c. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG Funds received hereunder will be expended prior to expending CDBG Funds and that any such program income is subject to the terms of this Contract. Contractor may expend CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10.10 Tarrant Area Food Bank Page 5 proportion to the amount of CDBG Funds in Exhibit A-Program Summary and Exhibit B-Program Operating Budget. d. Procurement i. Compliance Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. e. Program Participant Records i. Contractor will keep or cause to be kept an accurate record of all actions taken and all CDBG Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the CDBG Regulations and this Contract. ii. Contractor will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: 1. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household. 2. Source documentation used for income verification including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits,W2s and the like. 3. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate. 5. Reversion of Assets a. Contractor agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property and Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 6 • Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.) • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.)and its related regulations at 49 CFR Part 24 • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) • 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 of 24 CFR part 85 • Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC 62 1) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • The Americans with Disabilities Act of 1990 (42 USC 12101) • National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and 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. • The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees • Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR Part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • 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 b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause") Such covered contracts or activities include CDBG-funded CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 7 construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. "A.The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with CDBG YEAR XXXV1 SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 8 Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of any such violation on the part of Contractor or any of its officers, members, agents, employees, Program participants or subcontractors,then Contractor shall immediately desist from and correct such violation. 7. Nondiscrimination a. Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 9 applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. f. City shall not discriminate against Contractor on the basis of the organization's religious character or affiliation, if applicable. If Contractor is a religious organization, Contractor shall not engage in inherently religious activities as part of the Program, though Contractor may engage in such activities if they are offered separately, in time or location, from the Program, and participation must be voluntary for Program participants. Contractor, if it is a faith-based organization, may use space in its facilities to provide CDBG-funded services, without removing religious art, icons, scriptures, or other religious symbols. Contractor shall not, in providing Program assistance, discriminate against a Program participant or prospective program participant on the basis of religion or religious belief. 8. Prohibition Against Interest/Conflict of Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member, officer, employee, or Program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. c. A duly authorized representative of Contractor shall execute Exhibit E-Conflict of Interest on behalf of Contractor. CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 10 9. Minority and Women Business Enterprise Commitment Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said MWBEs policy. 10.Non-Assignment No assignment, delegation of duties, or subcontract under this Contract by Contractor shall be effective without City's prior written approval. If such assignment, delegation, or subcontract occurs, such assignment or subcontract shall be upon and subject to all of the terms, covenants, and conditions contained in this Contract, and Contractor shall continue to remain liable thereunder. Upon any subsequent assignment or subcontract, each subcontractor or subsequent assignee shall continue to be and remain liable hereunder. Within thirty (30) days after the execution and delivery of any such assignment or subcontract, Contractor shall furnish to City a duplicate original of the subcontract or assignment which shall contain an assumption by the assignee or subcontractor of all of the obligations of Contractor under this Contract. Contractor will defend, indemnify and hold City harmless against (1) any claims or allegations asserted by third parties or subcontractors against City and (2) any requirement of repayment of non-federal monies by HUD arising out of Contractor's and/or its subcontractors' alleged failure to comply with the requirements of this Contract. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any Program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any CDBG YEAR XXXVI SUBRECIPTENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 11 way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12.Indemnification, Insurance and Bonding a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR 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, CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 12 DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of ($18,000), to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensation, public liability and automobile liability insurance (if automobiles are utilized in the performance of this Contract) covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. The amounts of such insurance shall not be less than the maximum liability that can be imposed on City under the laws of the State of Texas. Contractor understands and agrees that such insurance amounts may be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. d. Contractor will submit documentation to City that it has obtained insurance coverage and has executed bonds as required in this contract within thirty(30) days of the execution of this Contract and prior to payment of any monies hereunder. e. Any failure on part of the 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 Contractor 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 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 unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. f. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed as additional insured (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10.10 Tarrant Area Food Bank Page 13 13. Waiver of Immunity If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 14.Remedies for Breach of Contract Upon identification of possible breaches of this Contract, and prior to exercising its Termination rights under this Contract, City may elect to exercise any of the following remedies: a. issuance of a warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving the Contractor a limited time to correct the deficiency; b. placing conditions upon award of future grants; c directing the Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; d. requiring repayment of CDBG Funds previously disbursed to the Contractor; and/or e. reducing the amount of future grant awards or disallowing of future awards to the Contractor. 15. Termination a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services with CDBG Funds and the CDBG Regulations, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXXV funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or, for other good cause, subject to Section 14 above. c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial funding for Contractor's agency operations. City may terminate this Contract if non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to defray agency operation expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract by City. CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 14 e. Termination will be effected by written notice to Contractor, specifying the portions of the Contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. f. Contractor will return to City any unused CDBG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of Contract termination. 16. Certification Regarding Lobbying a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. 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 USC 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. 17. Miscellaneous Provisions a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any way paid with CDBG Funds or who perform any work in connection with Contractor's Program. b. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Rev.09-10-10 Tamnt Area Food Bank Page 15 thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Contract, venue for action shall lie in Tarrant County, Texas. e. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Contract must be in writing and must be approved by each Party. f. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Contract or at such other address as the receiving Party designates by proper notice to the sending Party. g. None of the performance rendered under this Contract shall involve, and no portion of the CDBG Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. Contractor 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. i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. j. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall be assigned to City. k. In the event a patentable invention is created as part of this contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall be assigned to City. 1. Contractor shall comply with the requirements of mandatory standards and policies relating to energy efficiency which are contained in the State of Texas's energy conservation plan issued in compliance with the Energy and Policy Conservation Act (PL 94-163). [SIGNATURES APPEAR ON FOLLOWING PAGE] CDBG YEAR XXXVI SUBRECIPTENT CONTRACT Rev.09-10-10 Tarrant Area Food Bank Page 16 IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth, Tarrant County,Texas,this Ib day of 20(Z) . CITY OF FORT WORTH TARRANT AREA FOOD BANK By: By: ^?�� s St;Scu►AIcuni5 Mr. Bo Soderbergh As -stant City Manager Executive Director APPROVED AS TO FORM AND LEGALITY- S. ova'��. Assistant City Attorney 0_-,_3�44C I Contract Authorization TEST: pa'O FOAr °� ° City Secretary Q 40 °Z P. STATE OF TEXAS § �O °o o�d IV COUNTY OF TARRANT § °°OpppO°° aa� This instrument was acknowledged before me on , 2010 by P I aniS Tiggnrs, the Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. ff - � i LINO,'�M-}fim wir Notary Public, State of Texas MYC".J,4, ISSIONEXPMES STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on � -�'y� l , 20 by Mr. Bo Soderbergh, the Executive Director of Tarrant Area Food Bank, a Texas non-profit ration, on behalf of said corporation. 'J w L WEWKMK Notary Pub •c, State of Texas ft•r moo,oft a%a MARCH 3.201 _ CDBG YEAR XXXVI SUBRECIPIENT CONTRAt,t A j-Y Tarrant Area Food Bank Tarrant Area Food Bank EXHIBIT A COMMUNITY KITCHEN SCOPE OF SERVICES PROGRAM SUMMARY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) June 1, 2010 - May 31, 2011 $18,000 CONTRACT NO. PERIOD AMOUNT SCOPE OF SERVICES This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth's annual Request for Proposal(RFP)process. The Subrecipient agrees to operate this Community Development Block Grant(CDBG)program in a manner consistent with the program delivery stated in the approved proposal. However, in the event of any conflict between the proposal and any provision contained,herein,this Agreement shall control. Tarrant Area Food Bank will provide employment training services to low/moderate income residents at Tarrant Area Food Bank The Community Kitchen program will include the following tasks and activities: assist students in determining any barrier/obstacles to achieving and maintaining self-sufficiency; train students to be able to identify kitchen equipment, basic baking, and other culinary skills;provide life skill trainings covering topics such as communication skills,anger management, conflict resolution, decision-making skills,employability,money management and health;provide internships and assist in job placement. All services will be provided at 2300 Cullen St.,Fort Worth, TX 76107 from Monday- Friday, 8:00 a.m. -4:00 p.m. The purpose of the program will be to provide culinary training and an internship so that the student will be placed on a job. The specific objectives, goals and level of services to be provided are listed below along with the geographical location of clients served. All services will be provided in four(4) 16-week sessions during the June 1, 2010-May 31, 2011. The last 16-week session will begin during the program year but will not have ended. The CDBG funds will be used to pay for staff salary which is consistent with Exhibit C-Detailed Budget. REGULATORY CLASSIFICATION: National Objective Citation: 24 CFR 570.208(a)(2)(C) Limited Clientele Regulatory Citation: 24 CFR 570.201(e)Public Service Based on the nature of the service provided, Tarrant Area Food Bank will maintain documentation that verifies that 100% of clients served by the Community Kitchen program are income eligible with current household incomes under 80%of Area Median Income(AMI)as established by the Department of Housing and Urban Development(HUD). GEOGRAPHICAL LOCATION: Site Address: 2300 Cullen St., Fort Worth, TX 76107 Client Beneficiary Location (Neighborhood,District, Citywide...): Citywide PROGRAM GOALS: To provide life skills training that will equip each student to be successful not only in employment, but in other areas of life so they can achieve and maintain self-sufficiency. PROGRAM OBJECTIVES: - Graduate at least 8 Fort Worth residents in each 16-week session,through four complete sessions a year - Teach 200 culinary classes, 160 life skill classes, send 24 Fort Worth residents to internships, graduate all 24 Fort Worth residents - Place all intern graduates on jobs PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Number of Unduplicated Clients Served 40 Total Number of Graduates 24 Culinary and Life Skill Classes 360 Students Attending Internships 24 Job Placement 24 m F- m W O It N U-) N N M � M N Oo co M N M 0 O m co U. W C N J � M Y v _ W o N co > U m � CD U) z co W G U_ U. Y Q > I Q M W c o � W a Q Vi ` .,cL V/ i� (D M Q i 0 L O Im U V Q' o co co V O c co C co N C (D N U Cl.w N N N � U a� _ U Y ' _ @ C/) L 7 Q C @ J N C 06 O O U JCO H f0 � CITY OF FORT WORTH EXHIBIT C CDBG YEAR XXXVI Page 1 of 3 CONTRACT PERIOD From: 06/01/20101- To: 05/31/2011 Name of sub grantee Name of Program Tarrant Area Food Bank Community Kitchen Program CDBG Tarrant Area Corporate& Cost Category Budget Funds Food Bank Foundation c d PERSONNEL SERVICES Salaries 243,372 $ 18,000 $ 225,372 FICA 18,618 18 618 Life Insurance Health Insurance 50,445 50,445 Employment Tax-State Employment Tax-Federal 8,335 8,335 Worker's Comp 3,407 3,4071 Retirement 7,788 7,7881 SUPPLIES Office Supplies 2400 2,400 Postage 600 600 Teaching Aids $8,400 8,400.00 Food Supplies $ 25,000 25,000 Other Operating Expenses 20,250 S20,250 CONTRACTUAL SERVICES Telephone 1,212 1212 Electric 9,000 9000 Gas Water/Waste Disposal $ 1,600.00 $ 1,600.00 Rent[Building] - Custodial Services Office Equipment Rental 3,600 3,600 Printing 0 Repairs 2,000 2,000 Fidelity Bond Liability Insurance 3,000 3000 Legal&Accounting Private Auto Allowance-Local 600 600 Advertising - Conference&Seminars 3,000 3,000 Contractual Services $ 34,000 $ 34,000 Miscellaneous 33,430 :$ 4,71 $ 28,725 CAPITAL OUTLAY $Office Furniture 3.000 3,000 Computer Equipment 0 p Other: Described - TOTAL $483,057 $18,000 $343,8821 $121,1751 $0.001 $0.00 MATCHING FUND SOURCES [a] [b] [c] [d] BUDGET DETAIL Page 2 of 3 PERSONNEL SERVICES Hourly Annual %of Position/Title Rate Hours Time Amount 1 Chef $21.22 853 41% $18,000 2 3 4 5 6 7 8 TOTAL STAFF SALARIES 18,000 FRINGE BENEFITS %of % Paid % Paid CATEGORY Payroll Amount by Agency by CDBG Amount FICA 7.65% $0 100% 0% $0 Life Insurance - 100% 0% - Health Insurance $0 100% 0% $0 Employment Tax 1.20% $0 100% 0% $0 Worker's Comp 4.72% $0 100% 0% $0 Retirement 8%>1 year $0 100% 0% $0 TOTAL FRINGE BENEFITS $0 $0 TOTAL PERSONNEL SERVICES $18,000 BUDGET DETAIL Page 3 of 3 UTILITIES AVERAGE COST PER NUMBER OF MONTHS AMOUNT CATEGORY MONTH Telephone Electric Gas Waste/Water Disposal Other Total Utilities $ - BUILDING LEASE BUILDING COST PER SQUARE LOCATION NO. SQUARE FOOT FOOT AMOUNT 1 2 3 TOTAL BUILDING LEASE 0 OTHER EXPENSES CATEGORY TOTAL CHARGE %CHARGED TO CDBG AMOUNT Fidelity Bond 0% Liability Insurance 0% Legal&Accounting 0% Office Supplies 0% Postage 0% Printing 0% Mileage 0% Advertising 0% TOTAL OTHER EXPENSES $ - CONFERENCES AND SEMINARS EVENT TOTAL CHARGE %CHARGED TO CDBG AMOUNT 1 2 3 TOTAL CONFERENCES AND SEMINARS $ - OFFICE EQUIPMENT RENTAL ITEM TOTAL CHARGE %CHARGED TO CDBG AMOUNT 1 Copier Lease 0% 2 TOTAL OFFICE EQUIPMENT RENTAL $ - EXHIBIT D CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT Audit Certification Form Subrecipient:/kr►-ak4 arcu f a���f�«-� Fiscal Year Ending:--LL-?o l—Z1 Mo Day Yr During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within nine (9) months after the end of the audited fiscal year or thirty (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 $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Must be filled out if Single Audit or Program Audit is not required. Federal Funds Pass Through Program Name& Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ �a <©t6 G-KG=C- '1�(12_ Printed Na Title(Must be CFO,CEO or equivalent) k,-;( K--r,-z q 1� 10 .4- 16 Authorized Signature(Must b , CEO or equivalent) Phone Number 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 OMB Circulars A-133 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. Tarrant Area Food Bank EXHIBIT E Community Kitchen CONFLICT OF INTEREST All Applicants The standards in OMB Circular A-110, Subpart C,provide that no employee, officer,or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer,or agent, any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in the firm selected for an award. CDBG and HOME Applicants Only The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee,agent,consultant,officer,or elected official or appointed official of the recipient or Subrecipient that are receiving CDBG or HOME funds and(1)who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or(2)who is in a position to participate in a decision-making process or gain inside information with regard to these activities,may obtain a financial interest from a CDBG-assisted or HOME-assisted activity, or have any interest in any contract, subcontract,or agreement with respect thereto,or the proceeds, thereunder, either for themselves or those with who they have family or business ties,during their tenure or for one(1)year thereafter. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between The City of Fort Worth and (Name of Organization) I certify that no conflict of interest exists between the subcontractors of and (Name of Organization) IF THERE IS A CONFLICT,COMPLETE THE FOLLOWING: I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) I certify that a conflict of interest does exist between and (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of interest below: (Please identify the individual,employment,and the conflict or potential conflict[their affiliation with your or anizati Signature of Authorized Agency O -al Date Ro Soderbergh,Executive Director Typed Name and Title Attachment I CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISON REQUEST FOR FUNDS AGENCY: Tarrant Area Food Bank PROGRAM: Community Kitchen ADDRESS: 2300 Cullen St. CONTRACT NUMBER: Fort Worth,TX 76107 CONTRACT AMOUNT: $18,000 CONTRACT DATE: 06/01/2010 DATE OF REQUEST: IDIS NUMBER: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE 1. Reimbursement Request A. Expenditures: $ $ B. Reimbursement $ $ 2.Requested By: A. Agency Bo Soderbergh (Name) (Signature) (Date) SECTION II(CITY) 1. BUYSPEED-Purchasing Request A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number. B. Fund/Account/Center. C.Total Amount of this Request: $ SECTION III(CITY) 1. Verification A. Economic Development Specialist Fablola Suarez (Name) (Signature) (Date) B. Housing Program Manager (Name) (Signature) (Date) 2.Authorization A. Sr Accountant Benny George (Name) (Signature) (Date) B.Sr.Admin.Serv.Manager Socorro Gray (Name) (Signature) (Date) c.Director Jesus"Jay"Chapa (Name) (Signature,if over$25,000) (Date) Distribution: 1 Copy-Accounting 1 Copy-Compliance Note:Any Request for Funds that exceeds$25,000 requires the Director's signature Attachment II CITY OF FORT WORTH HOUSING &ECONOMIC DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISION DETAIL STATEMENT OF COSTS Tarrant Area Food Bank AGENCY CONTRACT NO. DATE Community Kitchen TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 18,000.00 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Unemployment Tax- State 518 090 Worker's Comp 518 040 Retirement 518 070 SUPPLIES Office Supplies 521 010 Postage 521 020 Teaching Aids(Equipment) 522 030 Food Supplies 522 030 Other Operating Supplies 523 300 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas [Utility] 535 010 Water/Waste Disposal 535 030 Rent[Building] 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal &Accounting 538 050 Private Auto Allowance- Loc 532 130 Advertising 533 010 Conferences& Seminars 531 180 Contractual Services 539 120 CAPITAL OUTLAY Furniture, Fixtures 541 330 Office Equipment, Com ute 541 370 Other Equipment 541 320 TOTAL 1 $18,000.001 Contractor's Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: Copy-Accounting I Copy -Compliance I Copy -Agency Attachment III CITY OF FORT WORTH HOUSING$ECONOMIC DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISION EXPENDITURES WORKSHEET Tarrant Area Food Bank Agency Date Community Kitchen To Program Report Period NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL $0.00 TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE CITY OF FORT WORTH Attachment IVa HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISION CDBG YEAR XXXVI 1. Name and Address of Sub-Grantee 2. Program Name Tarrant Area Food Bank 2300 Cullen St. 3. Contract No. Fort Worth,TX 76107 4. Date of Request Month&Year 5. Program Services and Activities Current Month Cumulative Number of New Households and/or Persons Served 6.Direct Benefit (Continued/ Extremely Low Very Low Income Low Income Income(0<30%) (31-50%) (51-80%) Above Low Income(80%>) Current Month Cumulative Household Size 1 2 3 4 5 6 7 8 0-30% $13,850 $15,850 $17,800 $19,800 $21,400 $22,950 $24,550 $26,150 31-50% $23,100 $26,400 $29,700 $33,000 $35,650 $38,300 $40,900 $43,550 51-80% $36,950 $42,250 $47,500 $52,800 $57,000 $61,250 $65,450 $69,700 Certification: The undersigned,hereby,gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted by: Phone No. Signature Required CITY OF FORT WORTH Attachment IVb HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISION CDBG YEAR XXXVI 1. Name and Address of Sub-Grantee 2. Program Name Community Kitchen Tarrant Area Food Bank 2300 Cullen St. 3. Contract No. Fort Worth,TX 76107 4. Date of Request Month&Year 8. Direct Benefit Data(New Household and/or Persons Served) Race:Section Must be Completed) Current Month Cumulative White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Indian/Alaskan Native &White Asian&White Black/African American&White Indian/Alaskan Native &Black African American Other Multi-Racial TOTAL 0 0 0 0 0 0 Female Head of Household Current Month Cumulative Certification: The undersigned,hereby,gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted by: Phone No. Signature Required Ethnicity-Report whether client identifies themselves as Hispanic or Non-Hispanic Race-Identify the category chosen by the client CITY OF FORT WORTH Attachment V HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISION CDBG YEAR XXXVI Aciency/Address 2. Program Name: Tarrant Area Food Bank 3. Contract No: Contract Date: June 1, 2010 2300 Cullen St. Contract Amount: $18,000 Fort Worth, TX 76107 4. Date of Request: Month &Year 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE "Goals listed on Contract Exhibits A&B should be listed here. 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED/SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: Certification: The undersigned,hereby,gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,state,and local law. Date: Submitted By: Phone No. Signature Required s E ■ E 5 � k � . § 5 ) o V kk « e � k � / 4 � a k � § � � w E _ � J 0 ® LL ' § J E E IL z E o k & k D o . o c aA 2 z < S ƒ Z § To w e 0 a Z � k k § � ' 1 2 M w LU IL © � k V 0 L w k L U » 0 — LU � \ 8 O � § 2 U O J 2 ; W g V & 02 02 Q $ 7 S 2 w B / § E 2 $ � ; 2 § § 2 � 5a A ■ �% 2 9 § c fk g ` ° 2 0 / e 2 � x � � E 2 Mr 2a / 2 ƒ 75 , § � E c 2 2 & z Lot z � � 2q2 ) 0 t o & v � � Page 1 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/17/2010 - Ord. No. 19276-08-2010 DATE: Tuesday, August 17, 2010 REFERENCE NO.: C-24401 LOG NAME: 171011GRANTACT SUBJECT: Authorize Budget Amendments to the City's 2010-2011 Action Plan for the Use of Grant Funds from the United States Department of Housing and Urban Development Under its Community Development Block Grant, HOME Investment Partnerships Program, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement for Program Year 2010-2011 and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize budget amendments to the City's 2010-2011 Action Plan for use of grant funds totaling $632,506.00 from the United States Department of Housing and Urban Development due to changes in available federal grant funding; 2. Authorize the City Manager, or his designee, to execute contracts for a one year term for federal grant funds for Program Year 2010-2011 for Community Development Block Grant, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding from the United States Department of Housing and Urban Development; 3. Authorize the City Manager, or his designee,to extend or renew the contracts for up to one-year if an agency requests an extension and such extension is necessary for completion of the program; 4. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with all applicable laws and regulations governing the use of federal grant funds; and 5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriation to the Grants Fund in the total amount of$632,506.00($587,282.00 increase in Community Development Block Grant funds, $14,841.00 decrease in HOME Investment Partnerships Program funds, $1,746.00 increase in Emergency Shelter Grant funds and $58,319.00 increase in Housing Opportunities for Persons with AIDS funds), all subject to receipt of these grants. DISCUSSION: On April 13, 2010,the City Council approved the City's Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development(HUD) under the Community Development Block Grant(CDBG), HOME Investment Partnerships Program (HOME), Emergency Shelter Grant(ESG) and Housing Opportunities for Persons With AIDS Program (HOPWA)(M&C G-16884). Budgets in the Action Plan were based on prior year's grant allocations from HUD and City Council was informed that staff would return with updated budget recommendations if necessary. HUD subsequently published its 2010-2011 Entitlement Fund Allocations which resulted in a net increase of$632,506.00 in the City's funding for its 2010-2011 Action Plan as detailed in the following table: Grant Funding Original 2010-2011 Final HUD Entitlement 71 http://apps.cfwnet.org/ecouncil/printmc.asp?id=13852&print=true&DocType=Print 12/08/2010 Page 3 of 5 TOTAL I $632,506 A 30-day public comment period on the budget revisions was held from June 11, 2010 to July 12, 2010. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. The revised Action Plan allocates$1,131,780.00 in CDBG funds to public services activities including child care, youth and senior services and other housing related services that benefit primarily low and moderate income or disabled and disadvantaged populations. It also allocates$924,071.00 in HOPWA funds to non-profit organizations providing housing and supportive services to persons with AIDS and allocates $281,503.00 in ESG funds to homeless services providers and local emergency shelters. In accordance with HUD recommendation, interdepartmental letters of agreement executed by the respective department heads will be used to govern all grant-funded activities implemented by City departments. All contracts and interdepartmental letters of agreement will authorize reimbursement of eligible costs as of their initial dates. The CDC and staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following table: Community Development Block Grant : Ornanization Amount AB Christian Learning Center-Stop Six Community Go Center $20,000.00 Boys and Girls Club of Greater Fort Worth-Estrellas $14,400.00 Cenikor Foundation-Substance Abuse Services/Homeless $21,000.00 Child Care Associates-Child Care $117,000.00 CJ's Studio of Performing Arts-Dance Studio $10,886.00 Clayton YES-Greenbrier Preschool $18,000.00 Clayton YES-School Aged Child Care $54,000.00 Cook Children's Health Care System-Save a Smile $21,870.00 Cornerstone Assistance-New Life Center $15,297.00 Cultural Center of Americas-GED/Adult Literacy in Spanish $18,070.00 Day Resource Center for the Homeless $50,000.00 EFW Montessori School, Inc.-Montessori Child Care $20,000.00 Fort Worth Housing Authority-Amaka Child Care Center $27,000.00 Girls, Inc., of Tarrant County-Girl Power $12,600.00 JMAC Youth Center of Tarrant County $25,000.00 The Ladder Alliance-Employment Training $20,000.00 Latin Arts Association, d/b/a Artes de la Rosa-After School Drama Program $20,000.00 Meals on Wheels, Inc., of Tarrant County-Home Delivered Meals $33,696.00 Mental Health Association of Tarrant County-Ombudsman Program $15,750.00 Mental Health Association of Tarrant County-Mental Health Advocate $22,275.00 Northside InterChurch Agency-Good Works/Buenas Obras $21,092.00 REACH, Inc. -Project Ramp $50,000.00 Salvation Army- S.T.A.R.T. Program $20,000.00 Senior Citizens Services - Como Senior Center $18,000.00 Senior Citizens Services - Diamond Hill Senior Center $18,000.00 Senior Citizens Services - Doc Session Senior Center $16,000.00 Tarrant Area Food Bank-Community Kitchen $18,000.00 United Community Centers-Crisis Intervention Program $16,200.00 YMCA of Metropolitan-School Age Child Care $45,000.00 YWCA-My Own Place $17,628.00 YWCA- Child Development Program $135,000.00 CFW Housing and Economic Development- Housing Counseling and $133,092.00 Foreclosure Prevention CFW Parks and Community Services - Como Kids After-School Program $25,000.00 CFW Parks and Community Services - Northside Community Action Partners $25,724.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=13852&print=true&DocType=Print 12/08/2010 Page 5 of 5 1. 171011 GRANTAC AO.doc (Public) http://apps.cfwnet.org/ecouncil/printinc.asp?id=13852&print=true&DocType=Print 12/08/2010