HomeMy WebLinkAboutContract 55463CSC No. 55463
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 Fort Worth Housing Solutions (hereafter "Agency"), a TeXas public housing
authority and political subdivision created in accordance with Chapter 392, Local Government
Code. City and Agency may be referred to individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has received funding through the Emergency Rental Assistance ("ERA")
Program established by section 501 of subtitle A of title V of Division N of the Consolidated
Appropriations Act (the "Act") ("ERA Funds"), to assist households that are unable to pay rent
and utilities due to the public health emergency posed by the COVID-19 pandemic and that meet
eligibility criteria;
WHEREAS, the COVID-19 pandemic has negatively impacted disadvantaged populations
in the City of Fort Worth;
WHEREAS, the Act allows City to use up to 5% of its allocated funds for administrative
expenses associated with the ERA Program and payment of ERA Funds and 5% of its allocated
funds for expenses related to housing stability, including intake, case management, and the like;
WHEREAS, the Act established deadlines for use of the ERA Funds, including an
expenditure deadline of December 31, 2021;
WHEREAS, the American Rescue Plan Act, Title III, Subtitle B, Section 3201 extended
the expenditure deadline for use of the ERA Funds through September 30, 2022; and
WHEREAS, City desires, to allot ERA Funds to Agency to assist City with the
implementation of the Fort Worth ERA Program (FWERAP) and payment of FWERAP Funds to
eligible households and pay for rent, rental arrears, utilities, utility arrears, and other housing
expenses eligible for payment under the Act and resulting from the COVID-19 pandemic.
NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to the terms
and conditions hereinafter stated, 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.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2. DEFINITIONS.
In addition to terms defined in the recitals and the body of this Contract, the terms set forth
below shall have the definitions ascribed to them as follows:
Complete Documentation means cost and performance documentation supporting expenditures
for provision of direct assistance to Fort Worth residents including:
• Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing that payment is due by Agency.
• Proof of payment: cancelled checks, bank statements, wire transfers, or similar
financial records involving a third party and demonstrating amounts were
actually paid by Agency.
• Proof of Client Eligibility: (i) Documentation of Categorical Income
Eligibility Status as described in Exhibit "A" Program Summary; or (ii) Copy
of most recent TaX Return; or (iii) Source documentation of household income,
or (iv) only if Categorical Income Eli_ib��il�ity or source documentation is not
available, verifiable self-certification of income such as the Citv's Certification
Income Statement attached as EXHIBIT "H" — Household Income Self-
Certification or a similar form approved by City; and documentation that
client financial hardship is related to and/or caused by the Coronavirus
Pandemic; and evidence of client household housing instability or risk of
homelessness as further described in Exhibit "A" — Program Summary.
• Any other document or record reasonably necessary to verify costs spent to
respond to the public health emergency.
Complete Documentation must meet the standards described in the attached EXHIBIT
"G" - Standards for Complete Documentation.
Director means the Director of the Neighborhood Services Department.
Duplication of Benefits means receipt of financial assistance from multiple sources (including
this Contract) for the same purpose such that the total assistance received for that purpose is more
than the total need for assistance for that purpose. ERA Funds may only be used to pay for costs
that are not paid for by other sources. Agency must review the eligible household's income and
sources of assistance to confirm that the ERA assistance does not duplicate any other assistance,
including federal, state, and local assistance provided for the same costs.
Effective Date means March 13, 2020, the effective date of this Agreement.
Eligible Expense means one that is (1) incurred by the Agency between March 13, 2020 and
September 30, 2022; (2) not previously budgeted; and (3) necessary due to the COVID-19 public
health emergency and is made either (A) to pay rent, rental arrears, utilities and home energy costs,
utility and home energy costs arrears, and other housing expenses incurred due, directly or
indirectly, to the COVID-19 pandemic for households who have satisfactorily demonstrated
eligibility under the terms of the Act and/or (B) in paying necessary expenditures of the Agency
in implementing the ERA Program.
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FWERAP means the emergency rental assistance program administered through Agency and
other City of Fort Worth partner entities on behalf of eligible tenants and landlords in the City.
FWERAP Funds means funds provided to the City of Fort Worth through section 501 of subtitle
A of title V of Division N of the Consolidated Appropriations Act (the "Act").
HUD Income Limits means income eligibility thresholds established by the U.S. Department of
Housing and Urban Development (HUD) based on the Area Median Income (AMI) and adjusted
for household size, and updated annually. Income eligibility for FWERAP is set at 80% of the
Area Median Income, and administration of the FWERAP must prioritize applications of
households under 50% of AMI. Current HUD AMI Limits as of the date of Contract eXecution
are attached to this Contract as Exhibit A-1.
Neighborhood Services Department means the City's Neighborhood Services Department.
OIG means the Office of the Inspector General for the U. S. Department of the Treasury, the federal
entity authorized to receive performance reports on, and administer and oversee the Coronavirus
Relief Fund.
OMB means the Office of Management and Budget.
Performance Report means a document that contains the information as substantially provided
as attached hereto as EXhibit "C" and that lists each unique client or beneficiary served by the
Program at least once during the Eligibility Period. A client served by the Program more than
once in the Eligibility Period may only be counted the first time they are served when determining
the total count of beneficiaries served on the Agency's final Performance Report. To the greatest
extent feasible, Performance Reports should be generated through Neighborly Software
application or other City-required software application for client intake and program
administration.
Program means the services described in EXHIBIT "A" — Program Summary.
Program Criteria means the criteria by which the City approves and rejects applications,
including the guiding principles for the use of FWERAP Funds as specified in M&C 21-0111-
approved by City Council of the City of Fort Worth on February 16, 2021, which include the
following:
• FWERAP Funds must be prioritized for assistance to households that meet
either of the following:
o Household income at or below 50% of the area median; or
o One or more household member is unemployed at the time of application
and has been unemployed for 90 days or longer.
• FWERAP Funds must be used to provide direct assistance to Fort Worth
eligible households, which include:
o households with income under 80% of the area median; and
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
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o such households have one or more persons who have qualified for
unemployment benefits or the household has experienced a reduction in
income or other financial hardship, due to the COVID-19 pandemic; and
o the household can provide evidence of housing instability or risk of
homelessness such as a past due utility or rent notice, or other evidence
of such risk.
Reimbursement Request means a form from the Agency seeking payment from the City and
accompanied by all necessary reports and other documentation described in Section 9.
Reimbursement Requests will be made for Agency Operational and Administrative Expenses.
Rental Expense Disbursement means a payment made by the City to Agency in advance of
Agency's payment to Landlords and Utility companies for Eligible Expenses, in order to ensure
prompt payment of FWERAP Funds on behalf of eligible clients.
Rental/Utility Disbursement Request means a form from the Agency listing all Agency-
approved Clients and associated proposed Rental and Utility expenses for the designated reporting
period. This Draw Request will be used by City to generate a Rental EXpense Disbursement in the
amount needed by Agency to pay approved landlord and utility expenses as further described in
Section 9 of this Contract.
3. TERM.
This Contract begins on execution and eXpires on September 30, 2022 unless earlier
terminated as provided in this Contract (the "Initial Term") and covers eligible expenditures
incurred between the Effective Date and September 15, 2022 (the "Eligibility Period"). At the
City's sole discretion based on Agency performance and changes in federal law, this Contract may
be extended for one or more Renewal Terms, with the duration of any such Renewal Term to be
documented in a mutually signed writing of the Parties. The Initial Term and all Renewal Terms
may be referred to collectively as the "Contract Term."
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide FWERAP Funds.
City shall provide up to $14,850,000.00 of ERA Funds under the terms and conditions of
this Contract.
FWERAP Funds will be provided to Agency for Eligible Expenses, up to a total of $14,850,000.00
upon receipt of Rental Expense Disbursement Request and/or Complete Documentation as further
described in Section 9 of this Contract. Final Reimbursement Request must be received by the
City no later than March 15, 2022. FAILURE OF AGENCY TO TIMELY SUBMIT THE
FINAL REIMBURSEMENT REQUEST WILL CONSTITUTE A BREACH OF THE
CONTRACT AND WILL RELIEVE CITY OF ANY RESPONSIBILITY TO REIMBURSE
COSTS ASSOCIATED WITH SUCH REQUEST. Funds will not be disbursed by City for
Agency's Final Reimbursement Request until any remaining Complete Documentation items
(Proof of Payment and other applicable documentation) have been received by City.
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4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary. Monitoring by City will include review of Performance
Reports and cost documentation to verify that Agency is meeting the Program Criteria and
requirements of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A" — Program Summary and
in accordance with the terms and conditions of this Contract.
5.2 Use of FWERAP Funds.
5.2.1. Compliance with the Act and Contract.
Agency shall be reimbursed for Program costs with FWERAP Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are Eligible EXpenses;
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 Bud�et•
5.2.2.1 The FWERAP Funds will be paid in accordance with EXHIBIT
"B" — Budget and with Section 9 of this Contract.
5.2.2.2 Duplication of Benefits
Agency will ensure that no Duplication of Benefits occurs in delivery of the
FWERA Program, as de�ned above.
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 FWERA Program, and City reserves the right to amend this Contract in such
instances to ensure that Duplication of Benefits does not occur in violation of the Stafford Act.
5.2.3.2 Agency agrees to utilize the FWERAP Funds to supplement rather
than supplant funds otherwise available for the Program.
5.2.4 Pavment of FWERAP Funds to A�ency.
FWERAP Funds will be disbursed to Agency upon City's approval of
Rental/Utility Disbursement Requests and Reimbursement Requests (as described in Section 9).
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It is expressly agreed by the Parties that any FWERAP Funds not spent in compliance with this
Contract or approved for reimbursement to Agency shall remain with City.
5.3 Pro�ram Performance 1VIilestones.
5.3.1 Agency represents that the Program will achieve the performance
milestones established in EXHIBIT "A" — Program Summary
5.3.2 Failure of Agency to meet the milestones established in Exhibit A 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 failing to meet the specified goal by a
variance of 10% or more. In the event of such breach, City reserves the right in its sole option to
(i) delay or withhold payment of Reimbursement Requests, (ii) reduce funding, or (iii) terminate
this Contract.
5.4 Identifv Pro�ram Expenses Paid with FWERAP Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with FWERAP Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder. Accounts and
records shall utilize separate account codes to clearly distinguish between Program eXpenses
reimbursed through FWERAP Funds and any other sources of funds.
5.5 Meet Program Criteria.
Agency shall ensure that the activities carried out in the Program meet the Program Criteria.
5.6 Program Subcontracts.
Agency may 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 FWERAP Funds
without City's written consent. If Agency enters into a non-approved subcontract, expenses under
such agreement may be ineligible for reimbursement, regardless of whether they otherwise meet
the criteria to be considered Eligible Expenses.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibilitv.
Agency must maintain records documenting client eligibility for the FWERAP Program as
required by the Act, and as further described in Exhibit "A" — Program Summary.
6.2 Submission of Client Eligibility Documentation. Agency must submit copies of
documentation of client eligibility as requested by City for sub-recipient and program monitoring
purposes as required by 2 CFR 200.330 through 332. Agency must use Neighborly Software
application or other city-designated software for client intake and program administration
purposes, and must upload all client and housing unit eligibility documentation to this online
software application. To the extent that Agency is receiving Funds from both City and other
eligible entities to operate FWERAP Agency may be required to submit program documentation
demonstrating that allocation of costs is appropriate.
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6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for five (5)
years following the eXpiration of the Contract Term. This Section shall survive the earlier
termination or expiration of this Contract.
7. ADDITIONAL FWERAP FUNDS REQUIREMENTS.
7.1 Agency agrees to comply with all requirements of the Act and associated federal
regulations and guidance as of the date of contract execution as well as any future requirements
established by the U.S. Department of the Treasury or other federal government agency regarding
FWERAP Funds, provided that compliance with future requirements shall be effective on Agency
receiving notification of such additional requirements from City. Failure to make good faith efforts
to comply with such future federal requirements shall be grounds for reduction of award or
termination of this Contract. Agency's failure to comply with requirements of the Act and
associated federal regulations and guidance may result in Agency being required to repay the
funds.
7.2 Monitorin�.
7.2.1 Agency understands and agrees that its actions throughout the Contract
Term and Eligibility Period will be subject to monitoring by City for compliance with terms and
provisions of this Contract, the Act, and federal regulations and guidance. Agency is subject to
such monitoring during the Contract Term and for a period five (5) years following the end of the
Contract Term. Agency will provide reports and access to Program files as requested by City or
federal auditors during the Contract Term and for a(5) year period. For purposes of this Contract,
the five (5) year period is deemed to begin on the first day after the date on which the Contract
Term (both Initial Term and all Renewal Terms) eXpires or is terminated and to end on the fifth
anniversary of that date.
7.2.2 Representatives of City, the U.S. Department of the Treasury, the Treasury
Department Office of Inspector General, the United States Comptroller General, and any other
City or federal auditors shall, upon 48 hours' prior notice, have access during regular business
hours to Agency's offices and records pertaining to the use of the FWERAP Funds and to Agency's
officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.2.3 In addition to other provisions of this Contract regarding monitoring, City
reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the
terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for subsequent reimbursements to be forfeited and/or suspension or termination of
this Contract as provided herein.
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7.2.4 Subsections 7.2.1 through 7.2.3 shall be applicable for the Contract Term
and for five (5) years thereafter and shall survive the earlier termination or eXpiration of this
Contract.
7.2.5 Agency shall provide City the results of any state or federal monitoring of
this Contract that is conducted during the Contract Term or the five (5) year period. Such results
shall be submitted within 30 days of receipt of such state or federal monitoring report.
7.3 A�encv Procurement Standards.
Agency shall document that it has established written procurement procedures to ensure
that materials and services purchased with FWERAP Funds are obtained in a cost effective manner
subject to full and open competition as feasible given the circumstances of the public health
emergency.
7.4 Agencv Contracts.
7.4.1 Contracts in excess of $10,000.00 made by Agency using FWERAP Funds
must address termination for cause and convenience including the manner by which such
termination shall be effected and the basis far 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 written
documentation of a search of SAM for each contractor paid with FWERAP Funds showing that
the individual or entity is 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 and may result in such costs not
being subject to reimbursement even if they otherwise meet criteria as Eligible Expenses.
7.4.3 Agency acknowledges that this award is subject to 2 CFR Part 180 and to
the implementing regulations of the U.S. Department of the Treasury at 31 CFR Part 19. As
applicable, contracts of $25,000 or more and contracts for Single Audits made by Agency using
FWERAP funds must include a term or condition that references this requirement.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of FWERAP Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with Agency's established policies and procedures for procurement and cost
reasonableness, taking into account the nature of the public health emergency as a relevant factor
for consideration of reasonableness of particular costs.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to
maintain and utilize adequate internal controls as required by Section 7.12 of this Contract,
including such necessary accounting principles and procedures as are needed to maintain necessary
supporting and back-up documentation for all costs incurred as may be required in order to comply
with 2 CFR 200 Subpart F regarding Audits.
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7.6.1 Prohibition of Duplication of Bene�ts
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 FWERAP funds — with
any other federal funds.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements.
Agency will maintain adequate administrative and record-keeping systems sufficient to
provide the City with adequate documentation needed to comply with 2 CFR 200.330 regarding
Sub-recipient Management and with the Audit Requirements for Federal Awards in 2 CFR Subpart
F, 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 FWERAP 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 Act. Agency shall monitor the services and work performed by its
contractors, subcontractors and vendors on a regular basis for compliance with the Act and
Contract provisions. Agency must cure all violations of the Act 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 Act, 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 five (5) years after the Contract Term ends.
7.9 Conflict of Interest Disclosure.
Consistent with the internal controls requirements to maintain ethical standards established
as required by Section 7.12 of this Contract, Agency shall establish conflict of interest policies for
federal awards including use of FWERAP Funds.
No member of Agency's governing body or management structure may receive
personal pecuniary benefit — directly or indirectly — from Agency's receipt of FWERAP
Funds from the City with the exception of reimbursement of expenditures of payment of
salary that meets criteria as an Eligible Expense, including having been unbudgeted. This
restriction shall apply to an individual who is related to a member of Agency's governing
body or management structure within the second degree of consanguinity or affinity.
Agency shall disclose to City in writing any potential conflict of interest regarding use of
FWERAP Funds or other federal funds.
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7.10 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on
eXecutive compensation and provisions governing whistleblower protections contained in 41
U.S.C. 4712, 41 U.S.C. 4304 and 41 U.S.C. 4310.
7.11 DUNS Number
Agency shall provide City with its DLTNS number prior to the payment of any FWERAP
Funds.
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 FWERAP Funds
that provides reasonable assurance that Agency is managing the FWERAP 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 identiiiable
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 REQUIRE-
MENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this Contract.
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 this 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
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after the final date of the full eighteen-month Contract Term and end on the date five full years
after that date regardless of whether or not this Contract is earlier terminated.
8.2 Access to Records.
City representatives and any duly authorized officials of the federal government will have
full access to, and the right to eXamine, audit, excerpt and/or transcribe any of Agency's records
pertaining to all matters covered by this Contract throughout the Performance Period and for 5 years
thereafter. Such access shall be during regular business hours upon at least 48 hours' prior
notice.
8.3 Reports.
8.3.1 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.
8.3.2 AdditionalInformation.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reportin� 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 one
(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 200.52 L 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 six (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 "E" —"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 Ri�ht to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract Term ends
if City determines that such audit is necessary for City's compliance with the Act or other City
policies. Agency agrees to allow access to all pertinent materials as described herein for such
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audit. For purposes of this Contract, this 5-year period for City audit is deemed to begin on the
date after the final date of the full eighteen-month Contract Term and end on the date 5 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, OR SPENT FWERAP 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. DISBURSEMENT AND REIMBURSEMENT REQUIREMENTS.
9.1 Submission of Disbursement Requests
Agency shall submit Disbursement Requests for Agency-approved Rental and Utility
Expenses in the forms attached as Exhibit D1: "Invoice" and Exhibit D3: "Disbursement
Request: Rental and Utility Expenses". Such Disbursement Requests shall be submitted via the
City-designated contract administration software application on the last day of the week and no
more often than weekly. Supporting Complete Documentation for each Disbursement Request
(including proof of payment and any additional client documents requested by City) shall be
provided no later than two weeks following the initial submission, via Neighborly Software or
other City designated software application for client intake and program administration. Invoices
shall be numbered consecutively, and shall report the cumulative reimbursements and
disbursements requested to date (inclusive of the requested Disbursement). The Disbursement
Request shall be marked with the appropriate matching number. City shall process payment of
Disbursement Requests upon receipt via direct deposit or wire transfer. City shall promptly notify
agency of any additional information needed to verify client or housing unit eligibility and of any
ineligible costs advanced through Disbursement upon identification of such missing information
or ineligible costs. City may deduct such ineligible costs from future Disbursements or demand
reimbursement of such ineligible costs disbursed to Agency. Agency shall maintain a
reconciliation report of all client expenses requested through disbursement, all client expenses
subject to pending City requests for additional information, all client expenses deemed ineligible,
and applicable balances.
9.1.1 Deadline for Submittin� Reimbursement Requests.
Reimbursement Requests for Program Operational and Administrative Expenses shall be
submitted no less often than monthly to the City and must be received by the City on or before the
15r" day of the month following the month expenses were paid by Agency. For eXample, the
Reimbursement Request for October expenses must be received by November 15. In the event the
15r" falls on a weekend or City holiday, Reimbursement Requests shall be due the neXt day that
the City is open for business. For reimbursement of previously incurred expenses paid by Agency
from January 15, 2021 through March 30, 2021 exclusively, the Reimbursement Request must be
received no later than 45 days after the date of execution of this Contract. Failure to submit a
Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section
10.1. If expenditures exceed $20,000 per month, Agency may elect to submit two reimbursement
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requests per month, with the first reimbursement request being submitted on the 15th of the month
covering eXpenses paid from the 16th through the end of the preceding month, and the second
reimbursement request being submitted on the 30th of the month covering expenses paid in the first
15 days of the month. Agency must advise City in writing no later than 15 days in advance, of its
intent to submit two reimbursement requests for any month during the Contract Term.
9.1.2City will notify Agency by e-mail if a Reimbursement Request is lacking Complete
Documentation, if additional information is needed to support a previous Disbursement, or if
corrections are needed to Reimbursement Requests or Disbursement Requests. City may make
partial payment on such Disbursement Request or Reimbursement Request based on Agency
submission of a revised Invoice. If Agency fails to submit all the required information or missing
documentation, Agency may, at the City's sole discretion, forfeit reimbursement of costs that are
not adequately supported with appropriate documentation. 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-1 and D-2" —Reimbursement Forms with each Reimbursement Request:
9.2.1 Attachment D-1— Invoice.
This report shall contain the amount requested for reimbursement each month or
partial month, the cumulative reimbursements and disbursements requested to date (inclusive of
that month's or partial month's request).
9.2.2 Attachment D-2 — Expenditure Worksheet.
This report shall itemize each operational and administrative 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 FWERAP
Funds-funded time and non-FWERAP Funds funded time and reflect actual time spent on
FWERAP Funds-funded activities. Payroll expenses dated January 11, 2021 through March 15,
2021 must be submitted for Reimbursement no later than 45 days after the date of eXecution of
this Contract. All such previously incurred expenses must be listed as such on Exhibit B, Budget.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
eXplanation as to how the invoiced expense pertains to the Program. Agency may not submit
invoices dated 60 calendar days prior to the date of the Reimbursement Request. Non-payroll
eXpenses dated January 11, 2021 through March 15, 2021 must be submitted for Reimbursement
no later than 45 days after the date of execution of this Contract. All such previously incurred
eXpenses must be listed as such on Exhibit B, Budget.
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. Proof of payment for expenses incurred in the months of February and
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March 2022, must be submitted by Agency no later than March 15, 2022. Failure to submit such
proof of payment will be grounds for City to deny reimbursement of the expense.
9.2.3 Exhibit C, Performance Report Form.
This report shall list each Client household served during the reporting period
together with the following information as specified by statute and U.S. Treasury Department
guidance: Address of rental unit; Name and address of landlord or utility provider; Tax ID number,
DLTNS number, or Social Security number (as applicable) for each landlord or utility provider;
Amount and percent of monthly rent covered by FWERAP assistance; Amount and percentage of
separately-stated utility costs covered by FWERAP assistance; Total amount of each type of
assistance provided to each household (rent, rental arrears, utilities, utilities arrears); Amount of
outstanding rental arrears per household; Number of months of rental or utility payments for which
FWERAP assistance is provided; Household income and size for each household served; gender,
race and ethnicity for the primary applicant for FWERAP Assistance. Agency shall maintain a full
listing of all clients that applied for assistance and of clients that were served throughout the
contract period, combining all monthly reports and provide such full list with the final
Reimbursement Request or with proof of payment for the final Reimbursement Request. Agency
Performance Report may include additional information as applicable and as further described in
Exhibit A, Program Summary
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through required software system
approved by City or in other manner required by City by the deadline(s) in Section 9.1.1.
9.3 Withholding Payment.
Failure to timely submit accurate and complete Disbursement and Reimbursement
Requests and Complete Documentation along with any required reports shall be an event of
default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Disbursement Request or 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 reimbursement for the costs not completely
documented 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,
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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 FWERAP Funds to Agency for any Reimbursement Request, for which any report or
documentation is not in compliance with this Contract or the Act and related Treasury Department
guidance, 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 FWERAP Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency
shall have no further right to such funds.
10.1.6 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,
or if the records maintained or reports submitted or documentation is not in compliance with this
Contract or the Act 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.
10.1.7 In the event of termination under this Section 10.1, all FWERAP 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 FWERAP Funds paid to Agency must be repaid
to City within 30 days of termination. If such FWERAP Funds are not repaid to City within the
30-day period, City shall exercise all legal remedies available under this Contract.
10.2 In General.
10.2.1 Subject to Section 10.1, 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 15 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 15 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.
10.2.2 City's remedies may include:
10.2.2.1 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.
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10.2.2.2 Direct Agency to repay all FWERAP Funds previously paid
to Agency, or Direct Agency to repay any FWERAP Funds previously paid to Agency which were
found to be inadequately documented.
10.2.2.3 Decline to reimburse any further costs presented by Agency
in further Reimbursement Requests;
10.2.2.4 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.
10.2.3 In the event of termination under this Section 10.2, all FWERAP 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 FWERAP Funds already paid to Agency must
be repaid to City within 30 days of the termination. Failure to repay such FWERAP Funds within
the 30 day period will result in City exercising all legal remedies available under this Contract.
10.3 No Funds Disbursed While in Breach.
Agency understands and agrees that no FWERAP Funds will be paid to Agency until
all defaults are cured to City's satisfaction.
10.4 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.5 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency,
or which may thereafter accrue because of Agency's default and this provision shall be in addition
to any and all other rights and remedies available to City under the law. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving the term
or termination of the Contract. No delay or omission by City in exercising any right or remedy
available to it under this Contract shall impair any such right or remedy or constitute a waiver or
acquiescence in any Agency default.
10.6 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.
10.7 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.
10.8 Termination for Cause.
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10.8.1 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 FWERAP 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
FWERAP Funds already paid to Agency must be repaid to City within 30 days of termination.
Failure to repay such FWERAP 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 FWERAP FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE
OF TERMINATION.
10.8.2 Agency may terminate this Contract if City does not provide FWERAP
Funds substantially in accordance with this Contract.
10.9 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, AppendiX II, this Contract may be
terminated in whole or in part only as follows:
10.9.1 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
10.9.2 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 FWERAP Funds to be spent will not accomplish the purposes for which the Contract
was made.
10.10 Dissolution of Agencv 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 FWERAP Funds are subject to repayment and/or City
may exercise all of its remedies under this Contract.
10.11 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired by Agency
with the FWERAP 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 FWERAP Funds, and any real or personal property owned by Agency that was
improved with the FWERAP Funds shall automatically transfer to City or to such assignee as City
may designate.
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11. REPAYMENT OF FWERAP FUNDS.
All FWERAP Funds are subject to repayment in the event the Program does not meet the
requirements of this Contract or the Act. If Agency takes any action that results in the City
being required to repay all or any portion of the FWERAP Funds to the United States federal
government, Agency agrees it will reimburse City for such repayment. If Agency takes any
action that results in City receiving a finding from the Office of the Inspector General for
the U.S. Treasury Department "( OIG„) about the Program, whether or not repayment of all
or any portion of the FWERAP Funds is required of City, Agency agrees City may require
that A�ency repay to City some or all of the administrative and operational expenses paid to
Agencv under this A�reement. The Parties agree that City's damages, in the event of an OIG
finding being made against the City because of Agency's actions, are uncertain and would be
difficult to ascertain and may include an impact on City's other federal grant funds, in addition to
a� required repayment of funds to the federal government by City. Therefore, the Parties agree
that repayment under this Section by Agency to City of some or all of the administrative fee is
a�propriate and does not constitute a penalty.
12. CHANGE IN NON-PROFIT STATUS.
City acknowledges that Agency is a political subdivision of the State of Texas, and as such
is a non-profit, tax exempt entity. Notwithstanding, as applicable, 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 FWERAP 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 FWERAP 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 the Act 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 18-month Contract
Term and end on the date 5 full years after that date regardless of whether or not this Contract is
earlier terminated.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
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same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and Agency, or its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Agency. City does not have the legal right to control the details of
the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors,
subcontractors, vendors, clients, licensees or invitees.
14.3 Agencv Propertv.
City shall under no circumstances be responsible for any property belonging to Agency, or
its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees
or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.4 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.
14.5 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.
14.6 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 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.
14.7 Written A�reement Entire Contract.
This written instrument and the EXhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the 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.
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14.8 Compliance with All Applicable Laws and Re�ulations.
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:
➢ Section 501 of subtitle A of title V of Division N of the Consolidated Appropriations
Act
➢ 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.)
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
CFR Part 8 where applicable
➢ 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 31 U. S Code 1352 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 702 et seq.)
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ 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.
14.9 Prohibition Against Discrimination: General Statement.
Agency shall comply in the execution, performance or attempted performance of
this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17,
Article III, Division 4— Fair Housing of the City Code. Agency may not discriminate against any
person because of race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor
will Agency permit its officers, members, agents, employees, or clients to engage in such
discrimination.
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This Contract is made and entered into with reference specifically to Chapter 17, Article
III, Division 3- Employment Practices of the City Code, and Agency hereby covenants and agrees
that Agency, its officers, members, agents, employees and contractors, have fully complied with
all provisions of same and that no employee, or applicant for employment has been discriminated
against under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
14.10 No Discrimination in Emplovment during the Performance of This Contract.
During the performance of this Contract Agency agrees to the following provision, and will require
that its contractors and subcontractors also comply with such provision by including it in all
contracts with its contractors:
Agency agrees that Agency, its Contractors, Subcontractors and/or Vendors 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. Agency further agrees that Agency,
its Contractors, Subcontractors and/or Vendors 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. Agency agrees that Agency, its Contractors,
Subcontractors and/or Vendors agree to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
Agency, its Contractors, Subcontractors and/or Vendors will, in all solicitations or
advertisements for employees placed by or on behalf of Agency, its Contractors, Subcontractors
and/or Vendors, 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.
Agency, its Contractors, Subcontractors and/or Vendors covenant that neither it, they, nor
any of their officers, members, agents, employees, or contractors, while engaged in performing
this Contract, shall, in connection with the employment, advancement or discharge of employees
or in connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of a bona fide occupational qualification, retirement plan or statutory requirement.
Agency, its Contractors, Subcontractors and/or Vendors further covenant that neither it,
they, nor their 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.
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14.11 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
ElVIPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.12. Conflicts of Interest and Violations of Criminal Law.
14.12.1 Agencv Safe�uards.
Agency shall establish safeguards to prohibit its employees, board members, advisors and
agents from using positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they have family,
business or other ties. Agency shall disclose to City any such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
14.12.2 General Prohibitions A�ainst Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed
officials of City or of Agency who exercise or have exercised any functions or responsibilities with
respect to activities assisted with FWERAP 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
FWERAP-funded services, may obtain a financial interest or benefit from a FWERAP Funds-
assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto,
or the proceeds thereunder, either for themselves or those with whom they have family or business
ties, during their tenure or for 1 year thereafter.
14.12.3 Conflicts of Interest Involvin� Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the
procurement of property and services by Agency.
14.12.3.1 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
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violations of such standards by officers, employees, or agents of Agency.
14.12.3.2 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.
14.12.3.3 Notwithstanding the prohibition contained in Section 14.12.3.2,
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.
14.12.3.4 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.
14.12.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily limited to the following: rationale
for the method of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.13 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 Disclosure of Texas Penal Code and Federal Criminal Law Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants. 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 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency's failure to follow the
law, if applicable.
14.16 Assi�nment.
Agency shall not assign all or any part of its rights, privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract.
23
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
Fort Worth Housing Solutions
14.17 Right to Inspect A�encv 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
FWERAP-funded Program prior to any charges being incurred.
14.18 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 Majeure Event
will be suspended only during the continuance of such event. Agency will give City written notice
of the eXistence, extent and nature of the Force Majeure Event as soon as reasonably possible after
the occurrence of the event. Failure to give notice will result in the continuance of Agency's
obligation regardless of the eXtent of any eXisting Force Majeure Event. Agency will use
commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.19 Immigration Nationalitv 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. 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, to the eXtent allowed by law, 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 THE EXTENT ALLOWED BY LAW,
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 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; 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
24
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
Fort Worth Housing Solutions
PERSONS, OF WHATSOEVER HINDS 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. AGENCY LIKEWISE COVENANTS AND
AGREES, TO THE EXTENT ALLOWED BY LAW, 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.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT.
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.
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. NON-WAIVER OF IMMUNITY BY AGENCY.
Agency is not a charitable or nonprofit organization, but is a political subdivision created
in accordance with Chapter 392, Local Government Code, and as such, is a governmental entity.
If Agency has or claims a limitation of liability through immunity or exemption (statutory or
otherwise) from and against liability for damages or injury, including death, to persons or property,
Agency hereby shall assert its rights to plead defensively such immunity or exemption under
constitutional, statutory or common law, as appropriate, against a claimant.
17. INSURANCE AND BONDING.
Within 20 days of the execution of this Agreement, Agency will obtain and will maintain
through the term of this Agreement, coverage in the form of insurance or bond in the amount of
$1,000,000 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 FWERAP Funds occasioned by such misconduct. To
effectuate such reimbursement, such coverage shall include a rider stating that reimbursement for
any loss or losses shall name the City as an additional covered party.
25
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
Fort Worth Housing Solutions
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of Agency,
to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, member
of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for making
or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts
or agreements involving the expenditure of federal funds.
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any proceeding
before an administrative agency, filed against Agency in conjunction with this Contract or the
Program. Agency shall furnish immediately to City copies of all pertinent papers received by
Agency with respect to such action or claim. Agency shall provide a notice to City within ten (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 ar the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail, return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
City
City Attorney's Office
200 TeXas Street
26
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
Fort Worth Housing Solutions
Fort Worth, TX 76102
Telephone: 817-392-7600
Copy to:
Neighborhood Services Department
200 TeXas Street
Fort Worth, TX 76102
Attention: Director
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
200 Texas Street
Fort Worth, TX 76102
Attention: Senior Contract Compliance Specialist
Telephone: 817-392-7333
AgencY:
Fort Worth Housing Solutions
Mary Margaret Lemons, President
1201 E. 13th Street
Fort Worth, TX 76102
Telephone: 817-333-3400
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.
[SIGNATURES APPEAR ON NEXT PAGE]
27
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
Fort Worth Housing Solutions
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract
in Fort Worth, Tarrant County, TeXas.
Executed effective as of the date signed by the Assistant City Manager below / ACCEPTED
AND AGREED:
City:
� ��
Fcrnando Costa (Mar26, 202110:46 CDT)
By:
Name: Fernando Costa
Title: Assistant City Manager
Agency:
�I�� �I���et Le�ro�rf
Mary-Margaret Lemons (Mar 25, 2021 15:50 CDT)
By:
Name: Mary Margaret Lemons
Title: President, FWHS
Date:
Date:
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
✓���-
By: `.u�"—
Name: Victar Turner
Title: Director, Neighborhood Services Dept.
Approved as to Form and Legality
By:
����
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 21-0111
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.
By:
Name:
Title:
= ta.6.�c6.,
Barbara Asbu y(Mar25, 202115:54 CDTj
Barbara Asbury
Compliance and Planning Manager
City Secretary:
fo� Rovrql�l P. Ganzclles
for Ronald P. 6onzales (Mar26, 20211213 CDT)
Y�
Name: Mary Kayser
Title: City Secretary
TREASURY EMERGENCY RENTAL ASSISTANCE FUNDS CONTRACT-2021
Fort Worth Housing Solutions
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FWERAP FUNDS
CONTRACT EXHIBITS: FWHS
EXHIBIT "A" —Program Summary
EXHIBIT "A-1" — 2020 HUD Income Limits
EXHIBIT "B" — Budget
EXHIBIT "C" — Performance Report Contents
EXHIBIT "D" — Reimbursement Forms
• Exhibit D-1: Invoice
� Exhibit D-2: Expenditure Worksheet
• Exhibit D-3: Disbursement Request (Rent and Utility Expenses Only)
EXHIBIT "E" — Audit Certification Form
EXHIBIT "F" —Duplication of Benefits Certification Form
EXHIBIT "G" --Standards for Complete Cost Documentation
EXHIBIT "H" — Household Income Certification Form
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions
TREASURY DEPARTMENT RENTAL
ASSISTANCE
PROGRAM SUMMARY
January 11, 2021— September 30, 2022
CONTRACT TERM
$14,850,000.00
AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The goal of the program is to provide emergency rental assistance, utility assistance, and related
housing assistance payments and services on behalf of income-eligible Fort Worth residents who
have been impacted by COVID-19 in order to help them maintain housing stability.
The Program serves clients by screening them for eligibility under the Fort Worth Emergency
Rental Assistance Program (FWERAP) authorized by Division N of the Consolidated
Appropriations Act of 2021, making payments to landlords, utility companies, or related vendors
of housing services, and re-certifying tenant household eligibility on a quarterly basis if they
continue to need rental assistance. The Program also provides clients with appropriate information
and referral to other social services or employment services as may be requested.
The Program will provide services to clients based on FWERAP Eligibility Guidelines as follows:
• All eligible clients must demonstrate housing instability as established by FWERAP
Policies and Procedures as updated from time to time by City in consultation with program
partners, must document that their financial hardship was caused by and/or is related to the
Coronavirus Pandemic, and must have household incomes under 80% of Area Median
Income.
• Eligible clients will receive 3 months' rent, for the current month and 2 future months, in
addition to payment of all arrearages, as well as any current month's utility payments
(electricity, gas) that have been shown to be past due.
• Agency will use Neighborly Software or other application platform designated by the City
of Fort Worth, for processing client applications, communicating with applicants,
maintaining all required data, and preparing reports.
• Categorical Eligibility demonstrating that client household income is at or below 80% AMI
may be documented through a determination letter from another local, state or federal
government assistance program (such as Supplemental Nutritional Assistance Program —
(SNAP/Food Stamps) within 12 months of date of application, provided the dollar amount
of the household income is indicated on the determination letter.
• Housing instability may be documented by past due rent or utility notice, or other means
as further described in the FWERAP Policies and Procedures.
• Agency will update client service practices, policies, procedures, and implementation of
EXHIBIT "A"
PROGRAM SUMMARY
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
the program in accordance with guidance received from the City and the U.S Treasury, as
it is communicated to Agency throughout the term of the Contract.
The Program will meet the following client service and funds eXpenditure goals:
Contract
Month
3
6
8
11
14
17
20
Date
4/30/21
7/30/21
9/ 30/ 21
12/31 /22
3/31/22
6/30/22
9/30/22
Funds
Obligated
(committed
to Specific
Clients
15%
40%
65%
75%
85%
100%
Number of
Clients
Approved for
Assistance
525
1,400
2,275
2625
2975
3500
Number of
Clients
Served
(Received
Assistance;
475
1,260
2050
2365
2700
3250
3500
Percent of
Funds
Expended
10%
30%
50%
70%
80%
95%
100%
Amount of
Funds
Expended
$1,485,000
$4,455,000,
$7,425,0005
$10,395,000
$11,880,000
$14,107,500
$14,850,000
• NOTE: Above service goals based on number needed to achieve Agency's proportionate
share of statutory 65% funds obligation goal, and $4000 average assistance per client (3
mos. @$1200 rent plus $400 utilities); Number of clients to be served may be adjusted
based on overall average assistance amounts and number of clients approved for 3, 6, or
9 additional months' assistance.
Agency's Program services will be provided at 1201 East 13th Street, Fort Worth Texas, 76102
from 8:30 am-4:30 pm Monday thru Thursday.
FWERAP Funds will pay for direct costs of delivering the program at outlined on Exhibit B-
Budget, including rental and utility payments to landlords and utility providers, operational costs
of providing housing stability services to clients (intake/referral, case management, etc.) such as
salaries and benefits for staff implementing the program, costs of office supplies, communications,
and related operations, and administrative overhead costs (accounting, audit, supervision, etc.)
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
EXHIBIT "A-1"
2020 HUD INCOME LIMITS
Effective July 1, 2020
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
30% AMI $17,150 $19,600 $22,050 $24,450 $26,450 $28,400 $30,350 $32,300
50% AMI $28,550 $32,600 $36,700 $40,750 $44,050 $47,300 $50,550 $53,800
60% AMI $34,260 $39,120 $44,040 $48,900 $52,860 $56,760 $60,660 $64,560
80% AMI $45,650 $52,200 $58,700 $65,200 $70,450 $75,650 $80,850 $86,100
*Income limits are published at least annually by HUD.
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021- EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions
TREASURY DEPARTMENT RENTAL
ASSISTANCE
PROGRAM BUDGET
EXHIBIT `B"
Budget
Cost Line Item City of Fort Worth Other Funding Total Program
Treasury Rental Sources Budget
Assistance Funds (Donations, etc.)
Program Operational and Housing
Stabilit Costs
Salaries $ 307,500
FICA $ 23,524
Health/DentalInsurance $ 33,825
Unem loyment Insurance $ 615
Workers' Compensation Insurance $ 1,107
Employee Retirement Plan $ 15,375
Office Supplies $ 2,000
Postage $ 1,500
Trans ortation $ 2,500
Contracted Services (Office Temps Etc.) $ 246,166
Communications/Telephone $ 3,600
Laptops / Cellular Hotspots / Scanners $ ]2,288
Neighborly Software / Related Client $ 50,000
Service Software Costs (allocated portion of
online application cost)
Subtotal, Operations/Housing Stabili $ 700,000
Rental Payments (includin arrears) $ 12,000,000
Utility Payments (including arrears) $ 2,000,000
Subtotal, Direct Pro Yam Costs $ 14,000,000
FWERAP Administrative Costs
Salaries / Accounting Assistant $ 52,500
Salaries / Other Administrative $ 47,500
FICA $ 7,650
Dental/Heath Insurance $ 11,000
Retirement $ 5,000
Unemployment/Workers' Comp $ 560
Marketing $ 2,500
Contracted Services: Accounting /Audit $ 3,000
Contracted Services: Office Tem s Etc. $ 14,290
Office Rent $ 6,000
Subtotal, Administrative Costs $ 150,000
GRAND TOTAL $ 14,850,000
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions EXHIBIT "C"
TREASURY DEPARTMENT RENTAL Performance Report Contents
ASSISTANCE
Agency shall use Neighborly Software or other designated rental assistance client application
platform to prepare and submit a Performance Report on the beneficiaries served with FWERAP
Funds with each Reimbursement Request, which contains all the data elements listed below.
Data Elements to Be Included Performance Report:
• Total Number of Client Applications Received During the Reporting Period
• Total Number of Client Applications Approved During the Reporting Period
• Total Number of Applications Initiated by Tenants
• Total Number of Applications Initiated by Landlords
• Total Number of Applications Received for the Contract Period (to date)
• Total Number of Client Applications Approved for the Contract Period (to date)
• Client Name or Client File Identification Number
• Income Level of Client Household (at or under 30% AMI, at or under 50% AMI, at or
under 80% AMI)
• Household Size
• Disability Status
• Address of Housing Unit Assisted
• Property Name
• Landlord Name
• Landlord Address and Tax ID /DLTNS Number
• Monthly Rent at Housing Unit
• Total Rent Amount Paid
• Total Arrearages Amount Paid
• Total Utilities Amount Paid
• Utility Company Address(es) and Tax ID/ DUNS Number
• Total Utility Arrearages By Type (Electricity, Gas, etc.)
• Total Assistance Amount Provided to Household (Rent and Utilities)
• Gender, Race and Ethnicity for the Primary Applicant for Assistance
• Employment/Unemployment Status of Adult Household Member(s)
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions
TREASURY DEPARTMENT RENTAL
ASSISTANCE
Agency:
Address:
City, State, Zip:
Attachment I
Invoice
Name
Program: Program Name
Period of Service:
Tax ID No.
P.O. No.
FID No.
EXHIBIT "D"
Reimbursement Forms
Program
Amount
This Invoice Cumulative to Date
FWERAP
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions
TREASURY DEPARTMENT RENTAL
ASSISTANCE
EXHIBIT D-2
EXPENDITURE WORKSHEET
Agency:
Program:
EXHIBIT "D"
Reimbursement Forms
Line Check Description/Purpose
No. No. Date Payee (or Job Title) 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
Total $
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions
TREASURY DEPARTMENT RENTAL
ASSISTANCE
EXHIBIT "D"
Reimbursement Forms
EXHIBIT D-3
DISBURSEMENT FORM FOR RENTAL AND UTILITY EXPENSES
Disbursement Request #
Client Identifier Housing Unit Address Rent Arrears Utilities Total
(Case ID/ Last (Property Name, Amount Amount Amount Requested
Name) Street, Apt.#, Zip) Requested Requested Requested
Totals
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions EXHIBIT "E"
TREASURY DEPARTMENT RENTAL Audit Certification Form
ASSISTANCE
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency Name: Fort Worth Housing Solutions
Fiscal Year Ending: December 31, 2021
❑ During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received, we will not exceed the $750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
MUST be filled out if Single Audit or Program Audit is NOT required.
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Ex enditures for this Fiscal Year:
Signatory and Title Date
This form must be completed by Agency Executive Director or other Authorized Official. Failure
to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in 2 CFR Part 200, as applicable,
by the required due date may result in suspension of funding and may affect eligibility for future
funding. Notwithstanding the above, this certification acknowledges the agency's
commitment to meet all other financial reporting, financial statements, and other audit
requirements as may be set forth in the Contract.
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions
TREASURY DEPARTMENT RENTAL
ASSISTANCE
EXHIBIT "F"
Duplication of Benefits Certification
The undersigned certifies the organization for which he/she is the approved signatory will comply with
Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and with Section
1210 of the Disaster Recovery Reform Act of 2018, which require that duplication of benefits will be
prevented in provision of services funded under this contract. The undersigned also certifies that he/she
understands that this means that in providing assistance to eligible populations, grant funds will not be
used to pay costs if another source of financial assistance has paid or will pay that cost. The undersigned
further certifies that no person, household, business, nonprofit organization or government entity will
receive financial assistance from multiple sources (including this contract) for the same purpose such that
the total assistance received for that purpose is more than the total need for assistance. The undersigned
also certifies that as a subrecipient for FWERAP Funds under this contract, the agency has not received
other funds to be used for the same purposes for the same clients for the same time periods in excess of
the total needed for provision of that service. The undersigned further certifies, and agrees, that if he/she
or the organization for which he/she is certifying, subsequently receives a duplicative benefit, he/she or
the organization will repay the funds he/she received under this Agreement to City.
The undersigned further certifies that salary costs proposed to be reimbursed through this contract were
not covered by, and will not duplicate benefits provided by, the Paycheck Protection Loan Program.
All reasonable efforts will be made to exercise due diligence to ensure that no beneiiciary of FWERAP
assistance receives duplicate rental or utility assistance for the same time periods from the following, or
any other, sources of emergency rental and emergency utility assistance:
• Texas Rent Relief Program
• Community Services Block Grant (CSBG) Program, administered in Tarrant County and Fort
Worth by Community Action Partners (CAP).
• Comprehensive Energy Assistance Program (CEAP), administered in Tarrant County and Fort
Worth by the Community Action Partners (CAP)
• Catholic Charities, or any other faith-based or other nonprofit organization providing emergency
rental and utility assistance.
• Any other HUD or federal grant program providing emergency rental assistance, such as the
Community Development Block Grant (CDBG-CV), Housing Opportunities for Persons with
AIDS (HOPWA) Program, or Emergency Solutions Grant (ESG) program.
The undersigned certifies that, to date, he/she or the organization he/she represents, has received, or
reasonably anticipates receiving, the following potentially duplicative assistance (if none, leave blank): _
Organization:
Typed Name: Title:
Signature: Date:
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Fort Worth Housing Solutions EXHIBIT "G"
FWERAP FLTNDS NONPROFIT ASSISTANCE Standards of Documentation
Documentation Standards for
FWERAP Funds Contract Ex enses
If an employee works on both a FWERAP Funded Program and another
program funded through other sources, the City will only reimburse for a
reasonably cost-allocated portion of the employee's salary. Prior to the
reimbursement of FWERAP Fund salary expenses, the Agency will provide
the City with a written statement on how each employee's time was
allocated (for previously-incurred expenses) and how the time will be
Salaries X allocated for the remaining term of the Contract. If an employee works 100%
of their time directly with the City's FWERAP-funded Program, then 100% of
the employee's salary may be eligible for reimbursement. Agency must
submit a written statement that 100% of the employee's time is spent
working directly with the FWERAP-funded Program, with the first
Reimbursement Request. Statements must be signed by a person authorized
to sign on behalf of the Agency and should be submitted with the October
invoice.
Reimbursement requests must include a timesheet and work log that
reflects the hours worked by the employee(s) working directly on the
FWERAP-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
de osit com an .
FICA/Medicare X X
Life Insurance X X
If the City reimburses for gross salary, employee-paid benefit costs are
Health or Disability
Insurance
X X already included in the total. If the City reimburses for the employer portion,
the Agency must provide documentation verifying that the employee is
Retirement / Pension enrolled in the benefit plan, documentation of how the invoiced amount was
Plan X X
calculated, and must provide documentation verifying payment.
Unemployment
Insurance X X
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Materials, Equipment, Goods and Supplies - City will only reimburse for the approved cost- allocated percentage or amount directly
spent in support of the FWERAP-funded Program. As applicable, agencies must show calculation on how the FWERAP portion of
these expenses were cost-allocated consistently with their use on the FWERAP-Funded program.
Office Supplies X X X
Office Equip. Rental
X X X X X
Postage X X X
Printing X X X
Supplies his may include cleaning supplies, program supplies such as teaching aids or
X X X craft materials, and food supplies
Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined
by the square footage occupied by FWERAP- Funded Program staff and shall be cost-allocated in accordance with the amount of space
used for the FWERAP-funded Program. Agency Reimbursement Requests must demonstrate calculation of how the FWERAP portion
of these expenses was cost-allocated consistent with the Contract.
Rent X X X X X City may pay for a portion of the rent for the Program facility so long as it is in
proportion to the square footage attributable to the FWERAP- funded program
and the cost was incurred in order to prevent, prepare for, or respond to the
Facility Maintenance X X X X This item requires approval by the City prior to the execution of the FWERAP
and Repairs Contract.
Miscellaneous
Contracted Labor or This item requires prior approval by the City. Prior to the execution of the
Services X X X X X FWERAP Contract, or submission of reimbursement request for this expense
category, the Agency must provide a written statement that lists the
contractual labor or services expected to be used during the Contract term,
including services such as security services, legal, accounting, transportation
providers, educational facilitators, custodial services, etc.
Agencies may not use the contract services of any City of Fort Worth
Department.
Proof of payment documentation means:
• Image of the check AND bank statement showing the check cleared the bank; OR,
• Image of the cancelled check (ex. At end of bank statement); OR,
• Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR,
For wire or e-transfers: Receipt or statement from payee/vendor OR bank statement.
TREASURY EMERGENCY RENTAL ASSISTANCE CONTRACT 2021— EXHIBITS
Fort Worth Housing Solutions
Exhibit "H"
Self-Certification
FORT WORTH EMERGENCY RENTAL ASSISTANCE PROGRAM : SELF-CERTIFICATION OF HOUSEHOLD INCOME
Progam Partner/Administrator: Use this form when a client (adult household member or head of householdJ has no documentation of income and no documentation of Categorical
Eligibility. Follow up with Client applicant to obtain signatures on this form for all adult household members, and upload the form to the client's file in Neighborly, together with client
statement or detailed case notes explaining why no form of income documentation is available.
Part I. General Information-Enter the requested information into the yellow cells.
Administrator: Certification Type: Contract Number:
Applicant First Name and
Applicant Last Name: Middle Initial: HIC Effective Date:
Part II. Household Composition
Household Member Member First Name and Relationship to Head of
Number Member Last Name Date of Birth Full Time Student (Y/N)
Middle Initial Household
1 Self
2
3
4
5
6
7
8
Part III. Gross Annual Income (Non-Asset Income)
Household Member Employment or Wages, Worker's Social Security/Pensions/ Public Assistance Other Income
(Unemployment Benefits, (Child Support, Rental Member Income Total
Number Compensation Annuities/Retirement
TANF) Income, Business Income)
1 $ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
Total Annual Income
(Non-Asset Income): $ - $ - $ - $ - $ -
Total Household Income: $ -
Part V. Certification Statement
Under penalty of perjury, Household Members hereby certify that the information presented in this Household Income Certification (HIC) is true and accurate to the best of their
knowledge and belief. The undersigned further Household Members age 18 and older understand that providing false representations herein constitutes an act of fraud. False,
misleading or incomplete information may result in the termination from the Fort Worth Emergency Rental Assistance Program.
Head of Houseold Signature
Spouse/Other Adult Signature
Other Adult Signature
Program Partner / Administrator / Caseworker Signature
Date
Date
Date
Date
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 02/16/21 M&C FILE NUMBER: M&C 21-0111
LOG NAME: 19TREASURY DEPARTMENT RENTAL ASSISTANCE
SUBJECT
(ALL) Accept the Award of Grant Funds from the United States Department of the Treasury Provided through Section 501 of the Consolidated
Appropriations Act of 2021 in the Amount of $27,484,117.00 for Emergency Rental Assistance, Execution of a Certification Electing to Receive
the Funds, Adopt Ordinance Amending City Code to Provide Delegated Authority for Legal Instruments Funded from this Source, and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Accept the Emergency Rental Assistance Award from the United States Department of the Treasury in the amount of $27,484,117.00;
2. Ratify execution of certification electing to receive the funds;
3. Adopt the attached ordinance amending Section 2-9(d)(11) to provide delegated authority for execution of legal instruments funded from the
Consolidated Appropriations Act of 2021; and
4. Adopt the attached ordinance increasing the estimated receipts and appropriations in the Grants Operating Federal Fund in the amount of
$27,484,117.00 for allowable expenses related to assisting eligible households with rental assistance.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions associated with receipt and administration of federal funds
provided under the Consolidated Appropriations Act of 2021 (CA2021 or the Act).
CA2021 was signed on December 27, 2020 and authorized expenditure of significant additional federal funds to help communities and
businesses respond to economic and other impacts of the coronavirus pandemic. The Act included authorization of $25 billion for an emergency
rental assistance program to be administered by state and local governments with funds distributed based on population in a manner consistent
with the methodology used for allocating funds under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Title V of the Act
provides funds for financial assistance and housing stability services to eligible households.
To receive their proportional allocation, local governments with a population over 200,000, were required to submit applications by January 12 and
to submit a certification signed by the chief executive to the United States Treasury Department by January 26, 2021. Approval of this M&C would
formally ratify the application and certification actions that were taken to comply with these deadlines. Funds will be available through December
31, 2021. Grantees must obligate (place under contract) all funds by September 30, 2021, or funds not obligated may be subject to recapture.
Eligible renter households must meet the following criteria:
• Documentation of household Income under 80% of area median;
• One or more persons in the household has qualified for unemployment benefits, or has experienced a reduction in income or other financial
hardship due to the pandemic; and
• Household can provide evidence of housing instability or risk of homelessness such as a past due utility or rent notice, or other evidence of
such risk.
Grantees must prioritize assistance to households that meet either of the following — household income at or below 50% of the area median or one
or more household member is unemployed at the time of application and has been unemployed for 90 days or longer. Landlords can apply for
assistance on behalf of their tenants if they obtain written authorization from the tenant and provide the tenant with a copy of all application
materials. Assistance may be provided for up to 12 months, with income recertification required every three months.
Given the large volume of funds, the Neighborhood Services Department proposes to administer the program through a wide network of program
partners, including nonprofit organizations already administering similar rental assistance programs through grants from the United
States Department of Housing and Urban Development, and other housing providers as appropriate. Up to 10% of the funds may be used for the
City's administrative costs and for direct services delivery costs such as intake, case management, and the like.
Staff recommends that program partners be selected through a process similar to the CARES Act nongovernmental organization (NGO) program
which assisted nonprofit social service providers in coordination with Tarrant County. A rental assistance program partner application will be used
to screen potential subrecipients and contractors for financial capacity, experience in administering rental programs, ability to coordinate services
with other entities, and compliance history.
To provide maximum flexibility and efficiency in administering the program and making adjustments to contracts as needed to ensure funds are
deployed for their intended use as quickly as possible, staff is requesting that the City Council adopt the attached ordinance to amend Section 2-9
of the City Code and provide delegated authority for the City Manager (or a designated deputy or assistant city manager) to execute legal
instruments funded from the Act. This delegated authority would mirror what was done with CARES funding. Having this authority would allow staff
to make rapid adjustments as needed if some of the selected subrecipient administrators or program partners are not sufficiently efficient or
challenged in getting this funding out to eligible households, with a goal of ensuring all awarded dollars benefit residents of Fort Worth who are in
need and that none of the funding allocated to the City is subject to reallocation to another jurisdiction. Staff will provide ongoing updates to City
Council via informal reports regarding selection of program partners and program status.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: United
States Department of the Treasury
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached
appropriation ordinance, funds for operation will be available in the current operating budget, as appropriated, of the Grants Operating Fund. The
Neighborhood Services Department shall be responsible for identifying funding sources to cover expenses incurred in the event the grant funds
are not received. This is an advance grant.
Submitted for City Manager's Office b� Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785