HomeMy WebLinkAboutContract 55566CSC No. 55566
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 Housing Channel (hereafter "Agency"), a TeXas non-profit corporation. City
and Agency may be referred to individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City applied for and received grant monies from the Texas Department of
Housing and Community Affairs (TDHCA) for implementation of the Texas Emergency Rental
Assistance Program (TERAP) and the Texas Eviction Diversion Program (TEDP);
WHEREAS, TDHCA provided these funds to City as a sub-allocation of Community
Development Block Grant (CDBG-CV) funds which were previously received by the State of
Texas from the United States Department of Housing and Urban Development (HUD) under the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act);
WHEREAS, City has made a subaward of TERAP funds to Agency, and both parties are
acting as subrecipients with respect to the TDHCA TERAP program;
WHEREAS, the CDBG regulations and related HUD guidance publications establish all
requirements for TERAP except for those specifically described in this Contract as deriving from
the CARES Act and from the City's TDHCA Contract with TDHCA;
WHEREAS, TDHCA has established additional requirements for TERAP and TEDP
which are incorporated into this contract and its EXhibits;
WHEREAS, a national objective of the CDBG program is to benefit low and moderate
income citizens in accordance with 24 CFR Part 570, as amended from time to time;
WHEREAS, Agency was selected based on its expertise in provision of housing services
to be awarded TERAP funds for an emergency rental assistance program to serve individuals and
families, 100% of whom must be low and moderate income;
WHEREAS, the City Council has determined that the TERAP program is needed by the
City's citizens to respond to the impact of the Coronavirus Pandemic.
NOW, THEREFORE, the Parties understand and agree as follows:
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 body of this Contract, the terms set forth below shall
have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established annually by HUD. The 2020 income limits are
attached hereto as EXHIBIT "A-1" — 2020 HUD Income Limits.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
CDBG means Community Development Block Grant.
Categorical Eligibility means that a client household with 6 or fewer members can demonstrate
income eligibility for the program through: (1) a signed self-certification that its income does not
currently exceed 80% of AMI; and (2) verification of participation in another state or federal
governmental assistance program as provided in the TDHCA Contract, such as official
correspondence verifying receipt of Food Stamps (SNAP: Supplemental Nutrution Assistance
Program), or LIHEAP (Low Income Heating and Energy Assistance Program), or SSI
(Supplemental Security Income) for the Head or Co-Head of Household. Tenants of properties
where rent limits are capped by HUD, the Department of Agriculture, or TDHCA may also be
considered Categorically Eligible if the landlord provides documentation thathousehold income
certification was done pursuant to 24 CFR Part 5 on or after April 1, 2020, but dated no more than
12 months prior to the date of application for TERAP CDBG-CV assistance and the applicant
household certifies that its income is still under 80% of AMI.
Complete Documentation means the following documentation as applicable:
• Attachments I, II, and III, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing that payment is due by Agency.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by Agency were actually paid by
Agency.
o Proof of client eligibility: (i) Source documentation of household income,
or (ii) documentation of Categorical Eligibility as further described in
Section 6 of this Contract, or (iii) only if source documentation or
Categorical Eligibility documentation is not available, verifiable self-
certification of income such as the TDHCA Household Certification of
Income Formattached as EXHIBIT "I-4" — Household Income Self-
Certification or a similar form approved by City, and documentation of
financial hardship related to and/or caused by the Coronavirus Pandemic;
and other eligibility documentation further described in EXhibit "A" —
Program Summary. Client eligibility information must be uploaded in
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Neighborly Software or similar client application database as identified by
City. For households with incomes between 60% and 80% of AMI that
are not Categorically Eligible, Source Documentation of Income is
required
Complete Documentation shall meet the standards described in the attached
EXHIBIT "F" - Standards for Complete Documentation.
• Any other document or record reasonably necessary to verify costs spent and client
eligibility for the Program.
CDBG Regulations means regulations found at 24 CFR Part 570 et seq.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means April 1, 2020.
HUD means the United States Department of Housing and Urban Development.
IDIS means Integrated Disbursement Information System, HUD's project tracking system.
Income Eligible Client means a client whose annual income adjusted for family size does not
exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for
Determining Income and Allowances. The definition of annual income to determine client income
eligibility shall be the deiinition contained in 24 CFR Part 5.609, as amended from time to time.
National Objective means an activity that benefits low and moderate income persons. For the
purposes of this Contract, 100% of the clients served by the Program must be Income Eligible
Clients.
Neighborhood Services Department means the City's Neighborhood Services Department.
OMB means the Office of Management and Budget.
Program means the services described in EXHIBIT "A" — Program Summary.
Reimbursement Request means all reports and other documentation described in Section 9.
Reasonable Rent means a contract rent that is no greater than 120% of the HUD-established Small
Area Fair Market Rent for the designated geographic area.
Rental Disbursement Request means a form from the Agency listing all Agency-approved
Clients and associated proposed Rental 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 expenses as further described in Section 9 of this Contract.
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Rental Expense Disbursement means a payment made by the City to Agency in advance of
Agency's payment to Landlords for Eligible Expenses, in order to ensure prompt payment of
TERAP Funds on behalf of eligible clients.
Small Area Fair Market Rent (SAFMR) means the payment standard established by HUD for
implementation of HUD-funded rental assistance programs in metropolitan areas. The SAFMR
for each zip code in a metropolitan area can be found at
https://www.huduser. gov/portal/datasets/finr.html.
Source Documentation means documentation of full household income of any type described
under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of
paychecks, Social Security and disability verification letters, interest or rental income statements,
retirement income statements, child support and alimony verification, unemployment benefit
letters, and the like.
TDHCA means TeXas Department of Housing and Community Affairs, the agency which the
Texas legislature has designated responsible for implementation of TERAP and TEDP.
TDHCA Contract means the contract between TDHCA and the City of Fort Worth, TDHCA
#70200001017, awarding state CDBG-CV funds for emergency rental assistance.
TEDP means the TeXas Eviction Diversion Program coordinated by the TDHCA and the State of
Texas Office of Court Administration with local Justice of the Peace Courts.
TERAP Funds means the State of Texas CDBG-CV grant funds supplied by City to Agency under
the terms of this Contract.
Unduplicated Clients means a count of all clients served by the Program at least once in the
Contract Term. Clients served by the Program more than once in the Contract Term will only be
counted the first time they are served when determining the total count of Unduplicated Clients.
3. TERM.
The term of this Contract begins on the Effective Date and terminates twelve (12) months
following the date of Contract execution unless earlier terminated as provided in this Contract.
This Contract may be eXtended if such eXtension is necessary for completion of the program and
is authorized by the CDBG Regulations and the City's TDHCA Contract for use of TERAP funds.
The Contract Term shall include any extension, if exercised, as provided herein.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide TERAP Funds.
City shall provide up to $552,146.94 of TERAP Funds under the terms and conditions of
this Contract.
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TERAP Funds will be provided to Agency for Eligible Expenses, up to a total of
$552,146.94 upon receipt of Rental EXpense Disbursement Requests (or Reimbursement
Requests) and Complete Documentation as further described in Section 9 of this Contract. Final
Reimbursement Request must be received by the City no later than February 10, 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.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include
determining whether Agency is meeting the National Objective during the term of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT "A" — Program Summary in
accordance with the terms and conditions of this Contract.
5.2 Use of TERAP Funds.
5.2.1. Compliance with TDHCA Contract, CDBG Regulations and Contract.
Agency shall be paid far eligible Program costs with TERAP Funds only if City determines
in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations
and the TDHCA Contract.
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.
5.2.1.3 Costs are in compliance with HUD guidance regarding use of CDBG-
CV funds and HUD CPD Notice published at FR 6218-N-01.
5.2.2 Budget•
5.2.2.1 The TERAP Funds will be paid in accordance with EXHIBIT "B" -
Budget and with Section 9 of this Contract
5.2.2.2 During the term of this Contract, Agency may submit written requests
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to increase or decrease line-item amounts in the Budget, including an
eXplanation of why such increases or decreases are necessary. All
requests shall be approved by Director or Director's designee in writing,
with such approval being in the City's sole discretion. If the Agency's
proposed Budget amendment is approved (as approved, the "Amended
Budget"), then the Amended Budget shall be memorialized in a written
amendment to this Contract. The Amended Budget will take effect on
the first day of the month following the month in which the Contract
amendment is executed, unless otherwise specified in the amendment.
All requests for Budget amendments must be submitted no later than 90
days prior to the date of the end of the term of this Contract.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it receives for
operation of the Program, and City reserves the right to amend this
Contract in such instances to ensure compliance with HUD regulations
governing cost allocation.
5.2.3.2 Agency agrees to utilize the TERAP Funds to supplement rather than
supplant funds otherwise available for the Program.
5.2.4 Payment of TERAP Funds to Agencv.
TERAP Funds will be disbursed to Agency upon City's approval of Rental Expense
Disbursement Requests and Reimbursement Requests (as described in Section 9). It is expressly
agreed by the Parties that any TERAP Funds not spent or approved for reimbursement to Agency
shall remain with City or with TDHCA.
5.3 Pro�ram Performance Milestones.
5.3.1 Agency represents that the Program will achieve the performance milestones as
provided in accordance with EXHIBIT "A" — Program Summary.
5.3.2 Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material
deviation" shall mean more than 10% lower than the specified goal. In the event of such breach,
City reserves the right in its sole option to (i) delay or withhold payment of Disbursement or
Reimbursement Requests, (ii) lower Agency's allocation of TERAP Funds, or (iii) terminate this
Contract.
5.3.3 Failure to meet at least 80% of its performance milestones or serve 77 Unduplicated
Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration
under future City Requests for Proposals for federal grant funds.
5.3.4 Amendments to performance milestones regarding TERAP Funds must be
approved by the Director in writing, with such approval being in the Director's sole discretion. If
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Director approves the Agency's proposed amended performance milestones (as approved, the
"Amended Performance Milestones"), then the Amended Performance Milestones shall be
memorialized in a written amendment to this Contract. The Amended Performance Milestones
will take effect on the first day of the month following the month in which the Contract
Amendment is executed unless otherwise specified in the amendment. All requests for
amendments to performance milestones must be submitted by six months prior to the date of the
end of the term of this Contract. Notwithstanding the above, any amendments to this Contract
shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A"
- Program Summary.
5.4 Identifv Pro�ram Expenses Paid with TERAP Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with TERAP Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder.
5.5 Meet National Obiective.
Agency shall ensure that the activities carried out in the Program will meet the National
Obj ective.
5.6 Program Subcontracts.
Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a
service to clients for any part of the Program that will be paid with TERAP Funds without City's
written consent.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eli�ibilitv.
Agency will document client eligibility as required by Section 3H, paragraphs 1 through 7
of the TDHCA Contract, as follows:
6.1.1 Definitions: For the purposes of this Contract, the following definitions apply: (i)
"Household" or "Households" is defined as all persons occupying the same housing unit,
regardless of their relationship to each other. The occupants could consist of a single family, two
or more families living together, or any other group of related or unrelated persons who share
living arrangements. Live-in Aides are not part of the household. (ii) "Gross Annual Income" is
defined as annual income before any deductions have been taken.
6.1.2 Tenant Certification. The Household must complete a tenant certification as
described in the TDHCA TERAP Program Guidelines.
6.1.3 Statements of Economic Impact. Subrecipient must collect statements from
Households attesting to having been economically impacted by COVID-19 such as disaster-related
unemployment, lost wages, or increased Household costs.
6.1.4 Household Income Certification. Unless otherwise noted, Agency must ensure
that tenant applicants complete a household income certification form ("HIC") or similar tool, as
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described in the TERAP Program Guidelines.
6.1.5 Household Income. Household income is based on Part 5 of HUD's Handbook
4350.3, as modified for TERAP and TEDP and defined in the TDHCA CDBG-CV TERAP
Program Guidelines found at the following web address:
https://www.tdhca.state.tx.us/pdf/covidl9/cdbg/TERAP-Program-Guidelines.pdf.
6.1.6 Household Qualifications. Households can qualify as follows:
(i) Agency is not required to further determine Household Income if the Household
consists of 6 or fewer individuals and signs a self-certification that its income does
not currently eXceed 80% of HUD's Area Median Income ("AMI") and the
Household provides documentation that it is currently receiving benefits from
Supplemental Security Income ("SSI") for the Head or Co-Head of Household,
Low-Income Energy Assistance Program ("LIHEAP"), or the Supplemental
Nutrition Program ("SNAP").
(ii) If the Household resides in a development that is a property whose rent limit is
capped by HUD, the Department of Agriculture, or TDHCA, the landlord may
provide documentation that an income certification was done pursuant to 24 CFR
Part 5 on or after April 1, 2020, but must be within twelve months of the TERAP
CDBG-CV application for assistance, and the residing Household's income does
not exceed 80% of HUD's AMI. In this circumstance, after reviewing the
landlord's documentation and receiving a certification from the Household that its
income is still under HUD's 80% AMI, Agency is not required to further determine
Household Income.
(iii) If income is from 0% to 60% AMI, a Household self-certification is required.
(iv) For Household Income 60% to 80% of AMI, full income verification is required as
provided at page 11 of the TERAP Program Guidelines, consistent with 24 CFR
Part 5, including such documentation as pay stubs for the most recent 4 weeks,
unemployment or other governmental benefits award letters, documentation of
child support received, Social Security or retirement pension letters, or bank
statements showing regular deposits of other similar benefits, and the like. Income
for household members who are students over 18 years of age may be excluded if
documentation of their fulltime status is obtained.
6.1.7. Duplication of Benefits. Under no circumstances shall a Household or Landlord
receive a duplication of benefits ("DOB"). A DOB occurs when a beneficiary receives assistance
from multiple sources for the same purpose, and the total assistance received for that purpose is
more than the total need for assistance. Any excess from a DOB must returned to TDHCA within
10 (ten) days. In order to meet this TDHCA requirement, Agency must ensure that such excess
benefit funds will be returned to the City with 7(seven) days of confirmation of the Duplication
of Benefit.
6.2 Submission of Complete Documentation.
Agency must ensure submitted copies of documentation of client eligibility described in
Section 6.1 are uploaded and submitted through Neighborly Software.
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6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for 5 years
following the expiration of the Contract term. This Section shall survive the earlier termination
or expiration of this Contract.
6.4 Client Appeal Procedure
Agency must refer clients that have been denied services to City should they choose to
appeal the denial in accordance with City's Appeal Procedure attached as Exhibit "H"—Appeals
Procedure to this Contract. The appeal procedure is not applicable if the landlord declines to
participate in TERAP, however such landlord denial must be documented with the client's
application in the Neighborly Software system. When denial is based solely on income eligibility,
the Exhibit "H" Appeal Procedure will not apply, however, applicant household may request a
recertification of income eligibility based on the initial documentation provided at the time the
original application was submitted. The recertification must be performed by a supervisor or
Agency staffperson other than then individual who performed the initial determination that the
applicant was ineligible due to income. If this recertification confirms the income ineligibility, the
applicant must be notified in writing.
7. ADDITIONAL TERAP REQUIREMENTS.
Agency agrees to comply with all requirements of the CDBG Program as stated in the
CDBG Regulations, as well as any further requirements established by HUD or TDHCA regarding
TERAP or CDBG-CV funds upon receiving notification of such additional requirements from
City, including but not limited to the following:
7.1 Environmental Review.
Agency will not undertake or commit any funds to physical or choice limiting actions as
described in applicable HUD Environmental Review regulations. Any violation of this provision
will (i) cause this Contract to terminate immediately, and (ii) require Agency to repay City the
TERAP Funds it has already received and forfeit any future payments of TERAP Funds.
7.2 Contract Not Constitutin� Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and acknowledge that
this Contract does not constitute a commitment of funds, and that such commitment of funds may
occur only upon (receipt by City of TERAP Funds from the TeXas Department of Housing and
Community Affairs.. In the event no funds, or insufficient funds, are received and appropriated by
City in any fiscal period for any payments due hereunder, City will notify Agency of such
occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, eXcept
to the portions of the payments herein agreed upon for which funds have been received.
7.3 Monitorin�.
7.3.1 Agency understands and agrees that it will be subject to monitoring by City for
compliance with terms and provisions of this Contract, compliance with the CARES Act, the
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TDHCA Contract, and the CDBG Regulations for the term of this Contract. Agency is subject
to such monitoring during the term of this Contract and for 5 years after the Contract term ends.
Agency will provide reports and access to Program files as requested by City during this 5 year
period. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on the
date after the final date of the full twelve-month contract term including any extensions in term,
and end on the date five full years after that date.
7.3.2 Representatives of City, TDHCA, the Texas Comptroller, the Texas State Auditor's
office, HUD, the HUD Office of Inspector General, and the United States Comptroller General
shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices
and records pertaining to the use of the TERAP Funds and the operational and financial
performance of work performed under this Contract, and to Agency's officers, directors, agents,
employees, contractors, subcontractors and vendors for the purpose of such monitoring.
7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring,
City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with
the terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency's performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for suspension or termination of this Contract as provided herein.
7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract Term and for 5
years thereafter and shall survive the earlier termination or eXpiration of this Contract.
7.3.5 Agency shall provide City annually the results of any state or federal monitoring.
Such results shall be submitted within 60 days of receipt of such state or federal monitoring report
during the term of this Contract.
7.4 Agencv Procurement Standards.
Agency shall comply with all applicable federal, state and local laws, regulations, and
ordinances for making procurements under this Contract. In addition to the conflict of interest
provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure
that materials and services are obtained in a cost effective manner and that provides for full and
open competition. When procuring materials and services for this Contract, Agency shall comply
at a minimum with the procurement standards in 2 CFR Part 200.317 through Part 200.326.
7.4.1 Contracts in excess of $10,000.00 made by Agency using TERAP Funds must
address termination for cause and convenience including the manner by which such termination
shall be effected and the basis for settlement of the terminated contract, if any, as required by
Appendix II(B), 2 CFR Part 200.
7.4.2 Agency shall not make any contract with parties listed on the government wide
System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of
SAM that all contractors paid with TERAP Funds are not listed by SAM as being debarred, both
prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any
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such contractor. Failure to submit such proofs of search shall be an event of default.
7.4.3 Agency may not use funds provided under this Contract to purchase equipment (as
defined federally or by Uniform Grant Management Standards) with a unit acquisition cost (the
net invoice unit price of an item of equipment) of more than $5,000.00, or on any vehicle purchase
unless Agency has received the prior written approval from City and TDHCA for such purchase.
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of TERAP Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
7.5.1 Reasonable Rent Amounts for Assisted Tenants
Agency shall ensure that TERAP funds will not be used to assist a Household whose
contract rent in its dwelling unit exceeds 150% of the Small Area Fair Market Rent (SAFMR) for
its geographic area, and may not make a payment for a dwelling unit in an amount greater than
120% of the SAFMR for that area. If an applicant household has a contract rent that exceeds 120%
of SAFMR but is less than 150% of SAFMR, Agency must use non-TERAP funds for any portion
of the rent that is in excess of the 120% rent limit. The maximum rent amounts for TERAP may
be found using the Excel Rent Limit Calculator on the TDHCA website at
www.tdhca.state.tx.us/CDBG/CDBG-CV-CARES-Act-ProgramForms.htm.
7.5.2 Prohibition on Assistance From Other CDBG Funds
Agency may not use other CDBG funds, including any CDBG-CV funds received from
or awarded by City, to provide emergency rental assistance for TERAP clients such that the total
period of assistance exceeds siX months.
7.5.3 Prohibition on Assistance to Certain Tenants at Certain Properties
Agency may not use TERAP funds to assist a household whose dwelling unit also has
project-based rental assistance, whose development uses project-based operating assistance, or
where the tenant has a tenant-based voucher (such as a Housing Choice Voucher), or at a public
housing unit, or at a housing unit owned by a Unit of Local Government.
7.5.4 Assistance Period.
Agency may not assist a Household with funds under this Agreement for more than a total
of six (6) months (rental arrears payment + current or future monthly rental payment).
7.6 Financial Mana�ement Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees
to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary supporting and back-up documentation for all costs incurred in
accordance with 2 CFR Part 200.302 and Part 200.303. Agency also agrees to comply with the
standards for financial management systems established in the Texas Administrative Code, 10
TAC Section 1.402.
7.6.1 Prevention of Waste, Fraud, Abuse, and Duplication of Bene�ts
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Agency agrees to comply with the following as required by the TDHCA Contract:
7.6.1.1 Agency shall establish, maintain, and utilize systems and procedures
to prevent, detect and correct waste, fraud and abuse in activities funded under this
Contract. The systems and procedures shall address possible waste fraud and abuse by
Agency, its employees, clients, vendors, subcontractors and administering agencies.
Agency's internal controls systems and all transactions and other significant events are to
be clearly documented, and the documentation is to be readily available for monitoring by
City and TDHCA.
7.6.1.2 Agency shall establish and maintain adequate procedures to prevent
any duplication of benefits as required by section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 USC 5155), as amended by section 1210 of the
Disaster Recovery Reform Act of 2015 (Division D of Public Law 115-254; 132
Stat.3442).
7.6.1.3 Agency shall give City and TDHCA complete access to all of its
records, employees and agents for the purpose of monitoring or investigating the TERAP
program. Subrecipient shall immediately notify City and TDHCA of any discovery of
waste, fraud, or abuse. Subrecipient shall fully cooperate with City's and TDHCA's efforts
to detect, investigate, and prevent waste, fraud, and abuse.
7.6.1.4 Agency shall not discriminate against any employee or other person
who reports a violation of the terms of this Contract, the TDHCA Contract, or of any law
or regulation, to City or to TDHCA or to any appropriate law enforcement authority, if the
report is made in good faith.
7.6.1.5 Agency is prohibited from selling, trading, or otherwise transferring
all or any such portion of such funds to another such entity in exchange for any other funds,
credits, or non-Federal considerations, and must use such funds only for eligible activities,
in this case, emergency rental assistance.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably
equivalent procedures and requirements that City may require.
7.8 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are
in any way paid with TERAP Funds or who perform any work in connection with the Program.
Agency shall cause all applicable provisions of this Contract to be included in and made a part of
any contract or subcontract eXecuted in the performance of its obligations hereunder including its
obligations regarding the CDBG Regulations. Agency shall monitor the services and work
performed by its contractors, subcontractors and vendors on a regular basis for compliance with
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the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG
Regulations committed by its contractors, subcontractors or vendors. City maintains the right to
insist on Agency's full compliance with the terms of this Contract, the TDHCA Contract, and the
CDBG Regulations and Agency is responsible for such compliance regardless of whether actions
taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors,
subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive
the earlier termination or expiration of this Contract and shall be applicable for 5 years after the
Contract term ends.
7.9 Copvright and Patent Ri�hts.
No reports, maps, or other documents produced in whole or in part under this Contract shall
be the subject of an application for copyright by or on behalf of Agency. HUD, TDHCA, and City
shall possess all rights to invention or discovery, as well as rights in data, which may arise as a
result of Agency's performance under this Contract.
7.10 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.14.2.1 and 14.14.4, Agency shall
establish conflict of interest policies for federal awards. Agency shall disclose to City in writing
any potential conflict of interest.
7.11 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on
eXecutive compensation and provisions governing whistleblower protections contained in 10
U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
7.11.1 Agency shall provide City with its DUNS number.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the TERAP Funds that
provides reasonable assurance that Agency is managing the TERAP 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;
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7.12.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and
obligations of confidentiality.
7.13 Citizen Participation and Complaints
In accordance with the TDHCA Contract, Agency shall comply with Citizen Participation
and Complaint Procedures as follows:
7.13.1 In accordance with Section 2105.058 of the Texas Government Code, City will
conduct a public meeting at least annually during the TDHCA Contract period on the needs or uses
of State of Texas CDBG-CV funds. Agency will participate with and coordinate with City for any
further public meetings held to meet this requirement.
7.13.2 Agency must provide residents with the address, phone number, email (if
applicable) and times for submitting complaints and grievances, and must provide timely written
answers to complaints and grievances, within fifteen (15) working days where practicable. Agency
will make available to City copies of any written responses to complaints or grievances as a part
of any City monitoring review.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION
REQUIREMENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this Contract
and shall promptly provide City with copies of any document City deems necessary for the
effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency
will keep or cause to be kept an accurate record of all actions taken and all funds spent, with
supporting and back-up documentation. Agency will maintain all records and documentation
related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is
initiated before the eXpiration of the 5 year period, the relevant records and documentation must
be retained until all such claims, litigation or audits have been resolved. For purposes of this
Contract, this 5 year period for record retention is deemed to begin on the date after the final date
of the full 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.
Representatives of City, TDHCA, the Texas Comptroller, the State Auditor's office, the
U.S. General Accounting Office, the State Auditor's Office, HUD and any of their duly authorized
representatives will have full access to, and the right to examine, audit, copy, excerpt and/or
transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years
after the Contract term ends. Such access shall be during regular business hours and upon at least
48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is
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deemed to begin on the date after the final date of the full twelve month contract term and end on
the date five full years after that date regardless of whether or not this Contract is earlier terminated.
8.3 Reports.
Agency will submit to City all reports and documentation described in this Contract in such
form as City may prescribe. Agency may also be required to submit a final performance and/or
final financial report if required by City at the termination of this Contract in such form and within
such times as City may prescribe. Failure to submit to City any report or documentation described
in this Contract shall be an event of default of this Contract and City may exercise all of its
remedies for default under this Contract.
8.3.1 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 as may be required by
TDHCA and at its discretion in order to meet TDHCA requirements. City will notify Agency in
writing at least 15 days prior to the effective date of such change, and the Parties shall execute an
amendment to the Contract reflecting such change if necessary.
8.5 Audit.
8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that eXpend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall
cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared
by an independent certified public accountant, be completed within 6 months following the end of
the period being audited and be submitted to City within 30 days of its completion. Agency's audit
certification is attached hereto as EXHIBIT "C" —"Audit Certification Form" and "Audit
Requirements". The Audit Certification Form must be submitted to City prior to or with the
first Reimbursement Request. Entities that eXpend less than $750,000 a year in federal funds are
exempt from federal audit requirements for that year, but records must be available for review or
audit by appropriate officials of the federal agency, City, and General Accounting Office.
8.5.2 Citv Reserves the 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 TDHCA Contract and the
CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials
as described herein for such audit. For purposes of this Contract, this 5 year period for City audit
is deemed to begin on the date after the final date of the full twelve month contract term and end
on the date five full years after that date regardless of whether or not this Contract is earlier
terminated. If such audit reveals a questioned practice or expenditure, such questions must be
resolved within 15 business days after notice to Agency of such questioned practice or eXpenditure.
If questions are not resolved within this period, City reserves the right to withhold further funding
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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 TERAP FUNDS OR SPENT TERAP
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 TDHCA OR 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 Expenses in the
forms attached as Exhibit D1: "Invoice" and Exhibit D3: "Disbursement Request: Rental
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. Failure to
submit a Disbursement Request or Reimbursement Request on at least a monthly basis will result
in the City taking the actions outlined in Section 10.1.
9.2 Deadline for Submittin� Reimbursement Requests.
9.2.1 Should Agency choose to submit Reimbursement Requests rather than
Disbursement Requests, Reimbursement Requests shall be submitted monthly to the City and must
be received by the City on or before the lOtb day of the month following the month eXpenses were
paid by Agency. For example, the Reimbursement Request for June expenses must be received
by July 10. In the event the lOtb falls on a weekend or City holiday, Reimbursement Requests
shall be due the next day that the City is open for business. . Failure to submit a Reimbursement
Request or Disbursement Request on at least a monthly basis will result in City taking the actions
outlined in Section 10.1. If expenditures exceed $20,000 per month, Agency may elect to submit
two reimbursement requests per month, with the first reimbursement request being submitted on
the l Oth of the month covering expenses paid from the 11 th 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 10 days of the month. Agency must advise City in writing no later than 15 days in
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advance, of their intent to submit two reimbursement requests for any month during the contract
term.
9.2.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement
Request is lacking Complete Documentation or corrections are needed. Agency will have 7
calendar days from the date of the e-mail notice to submit any requested information or missing
documentation. If Agency fails to submit all the required information or missing documentation
within 7 calendar days from the first e-mail, Agency may, at the City's sole discretion, forfeit any
payments otherwise due that month and failure to submit any requested information may, at the
City's sole discretion, be considered an event of default as outlined in Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation for all rental assistance
applicants via Neighborly Software and the following reports as shown in EXHIBIT "D" —
Reimbursement Forms with each Reimbursement Request:
9.2.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement each month or partial
month, the cumulative reimbursement requested to date (inclusive of that month's or partial
month's request). Invoices shall be numbered consecutively, and shall report the cumulative
Reimbursements and Disbursements requested to date (inclusive of the requested Disbursement
or Reimbursement amount).
9.2.2 Attachment II — Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency and shall
include the Client Case ID and Property Name and address for any rental assistance paid, as well
as the Account corresponding the expense to a Budget line item, as applicable. In order for this
report to be complete the following must be submitted:
9.2.2.1 For client rental expenses, copies of leases showing the contract rent,
the persons residing in the unit, all provisions regarding late fees, the
dates of execution and term of the lease, and other information
demonstrating the eligibility of the expense under TERAP.
9.2.2.2 Proof that each expense was paid by Agency, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid receipts
or other appropriate banking documentation.
9.2.3 Attachment III — Client Data Report.
This report shall list each Unduplicated Client served during the month along with his or
her demographic information together with other client or rental housing unit information required
by the TDHCA Contract. The Client Data Report will be generated in Neighborly Software
based on a template provided by City, and must maintain a list of all clients served during the
Contract term. In order for this report to be complete, the following must be submitted:
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9.2.3.1 Documentation of income verification for each Unduplicated Client the
first time the client is served by the Program, which will either be documentation
of Categorical Eligibility as authorized by the TDHCA Contract or by TERAP
Program Guidelines, the completed form of EXHIBIT "J4" - Household Income
Certification or similar form approved by City, or Source Documentation.
9.2.3.2 Statement of Economic Impact, which will consist of an attestation by
the tenant applicant Head or Co-Head of Household regarding the nature of
financial hardship experienced by client household due to the Coronavirus
Pandemic such as disaster related unemployment, lost wages, or increased
household costs, together with any supporting documentation available, such as
unemployment verification, a description of increased expenses, or the like.
9.2.4 Delivery of Disbursement and Reimbursement Requests.
Disbursement and 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 Disbursement or Reimbursement Request or Required
Documentation.
10.1.1 If Agency fails to submit a Disbursement 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 Disbursement or Reimbursement Request to cure the default. If Agency fails to
cure the default within such time, Agency may, at the City's sole discretion, forfeit any payments
otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing documentation as
set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to
submit shall be considered an event of default that shall not be cured.
10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event of default
under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City
reserves the right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
10.1.4 Notwithstanding anything to the contrary herein, City will not be required to
pay any TERAP Funds to Agency during the period that any Reimbursement Request, report or
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documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or
during any period during which Agency is in default of this Contract.
10.1.5 In the event of termination under this Section 10.1, all TERAP Funds awarded
but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall
have no further right to such funds.
10.2 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8, or if the
records maintained or reports submitted or documentation is not in compliance with this Contract
or the TDHCA Contract or the CDBG Regulations as determined by City in its sole discretion,
City will notify Agency in writing and Agency will have 30 calendar days from the date of the
written request to obtain or recreate the missing records and documentation or submit or resubmit
any such report or documentation to City. If Agency fails to maintain the required reports or
documentation, or fails to submit or resubmit any such report or documentation within such time,
City shall have the right to terminate this Contract effective immediately upon written notice of
such intent with no penalty or liability to City.
10.2.1 In the event of termination under this Section 10.2, all TERAP 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 TERAP Funds paid to Agency must be repaid to City
within 30 days of termination. If such TERAP Funds are not repaid to City within the 30 day
period, City shall eXercise all legal remedies available under this Contract.
10.3 In General.
10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or condition
of this Contract. In the event that such a breach remains uncured after 30 calendar days following
written notice by City (or such other notice period as may be specified herein) or, if Agency has
diligently and continuously attempted to cure following receipt of such written notice but
reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually
and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's
time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent
to Agency, or (iii) pursue any other legal remedies available to City under this Contract.
10.3.2 City's remedies may include:
10.3.2.1 Direct Agency to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
10.3.2.2 Direct Agency to establish and follow a management plan that
assigns responsibilities for carrying out the remedial activities.
10.3.2.3 Reprogram TERAP Funds that have not yet been expended from
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affected activities to other eligible activities or withhold TERAP
Funds.
10.3.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions, termination of this Contract or any other contracts with
Agency, and any other available remedies.
10.3.3 In the event of termination under this Section 10.3, all TERAP 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 TERAP Funds already paid to Agency must be repaid
to City within 30 days of the termination. Failure to repay such TERAP Funds within the 30 day
period will result in City eXercising all legal remedies available under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no TERAP Funds will be paid to Agency until all
defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency,
or which may thereafter accrue because of Agency's default and this provision shall be in addition
to any and all other rights and remedies available to City under the law. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving the term
or termination of the Contract. No delay or omission by City in exercising any right or remedy
available to it under this Contract shall impair any such right or remedy or constitute a waiver or
acquiescence in any Agency default.
10.7 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent default or breach of the same or any other term, covenant
or condition hereof.
10.8 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties, including, but not limited to those set out in this Contract.
10.9 Termination for Cause.
10.9.1 City may terminate this Contract in the event of Agency's default, inability, or
failure to perform subject to notice, grace and cure periods. In the event City terminates this
Contract for cause, all TERAP Funds awarded but unpaid to Agency pursuant to this Contract shall
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be immediately rescinded and Agency shall have no further right to such funds and any TERAP
Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to
repay such 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 MAY NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
CDBG OR OTHER HUD GRANT FUNDS FOR A MINIMUM OF 5 YEARS FROM THE
DATE OF TERMINATION.
10.9.2 Agency may terminate this Contract if City does not provide the TERAP Funds
substantially in accordance with this Contract.
10.10 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, AppendiX II, this Contract may be
terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall agree upon
the termination conditions, including the effective date and in the case of partial termination, the
portion to be terminated; or
10.10.2 By Agency upon at least 30 days written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the portion
to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety
if City determines in its sole discretion that the remaining portion of the Contract to be performed
or TERAP Funds to be spent will not accomplish the purposes for which the Contract was made.
10.11 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 TERAP Funds are subject to repayment and/or City
may exercise all of its remedies under this Contract.
11. REPAYMENT OF TERAP FUNDS.
All TERAP Funds are subject to repayment in the event the Program does not meet the
requirements of this Contract, the TDHCA Contract, or in the CDBG Regulations. If Agency
takes any action that results in the City being required to repay all or any portion of the
TERAP Funds to HUD, Agency agrees it will reimburse City for such repayment. If Agency
takes any action that results in City receiving a finding from TDHCA or HUD about the
Program, whether or not repayment of all or any portion of the TERAP Funds is required
of City, Agency agrees City may require that 10% of the TERAP Funds be repaid to City as
liquidated damages. The Parties agree that City's damages in the event of either repayment to
TDHCA or HUD being required or receiving a finding from TDHCA or HUD are uncertain and
would be difficult to ascertain and may include an impact on City's CDBG grant or other federal
grant funds, in addition to the finding by TDHCA or HUD or a required repayment of funds to
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TDHCA by City. Therefore, the Parties agree that payment under this Section of 10% of the
TERAP Funds by Agency to City is liquidated damages and not a penalty.
12. CHANGE IN NON-PROFIT STATUS.
Agency must provide City with written notification of any changes to its non-profit status
within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the
non-profit status of Agency changes after the date of this Contract, City may but is not obligated
to, terminate this Contract. In the event of termination under this Section 12, all TERAP 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
TERAP Funds already paid to Agency must be repaid to City within 30 calendar days of
termination under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and
any default and enforcement provisions necessary to enforce such provisions, shall survive the
termination of this Contract for 5 years after the Contract term ends and shall be enforceable by
City against Agency. For purposes of this Contract, this 5 year period for survival of certain
Contract provisions is deemed to begin on the date after the final date of the full eighteen month
contract term and end on the date five full years after that date regardless of whether or not this
Contract is earlier terminated.
14. GENERAL PROVISIONS
14.1 Agencv an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have eXclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees.
14.2 Doctrine of 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 Agency 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
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INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.5 Religious Organization.
Agency shall comply with all applicable requirements as more particularly described in 24
CFR Part 5.109. No portion of the TERAP Funds shall be used in support of any sectarian or
religious activity. In addition, there must be no religious or membership criteria for clients of a
TERAP-funded service.
14.5.1. Separation of Explicitly Reli�ious Activities.
Agency retains its independence and may continue to carry out its mission, including the
definition, development practice, and expression of its religious beliefs, provided that it does not
use TERAP Funds to support or engage in any eXplicitly religious activities (including activities
that involve overt religious content such as worship, religious instruction, or proselytization), or
in any other manner prohibited by law.
14.5.2 Explicitly Religious Activities.
If Agency engages in explicitly religious activities (including activities that involve overt
religious content such as worship, religious instruction, or proselytization), the explicitly religious
activities must be offered separately, in time or location, from the programs or activities supported
by TERAP Funds and participation must be voluntary for clients of a TERAP-funded service.
14.5.3 Required Notices.
If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must
provide all clients of a TERAP-funded service with the notice attached as EXHIBIT "F"—Notice
of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any
TERAP-funded program or activity. In addition, if a client or prospective client of a TERAP-
funded service objects to the religious character of Agency, then Agency must promptly undertake
reasonable efforts to identify and refer the client or prospective client to an alternate provider to
which the client or prospective client has no such objection, as more particularly described in 24
CFR Part 5.109.
14.6 Venue.
Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law
or in equity, arising out of the eXecution, performance, attempted performance or
non-performance of this Contract.
14.7 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution,
performance or non-performance of this Contract or on the basis of any provision herein, for any
issue not governed by federal law, the choice of law shall be the laws of the State of Texas.
14.8 Severabilitv.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
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paragraph or other part of this Contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.9 Written 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.
14.10 Paragraph Headings for Reference Onlv, No Legal Si�nificance; Number
and Gender.
The paragraph headings contained herein are for convenience in reference to this Contract
and are not intended to define or to limit the scope of any provision of this Contract. When conteXt
requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed
to include the feminine or neuter and the neuter gender to include the masculine and feminine.
The words "include" and "including" whenever used herein shall be deemed to be followed by the
words "without limitation".
14.11 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:
➢ CDBG Regulations found in 24 CFR Part 570
➢ Coronavirus Aid, Relief, and Economic Security Act of 2020
➢ Title I of the Housing and Community Development Act of 1974, as amended, (42
USC 5301)
➢ Chapter 2105 of the Texas Government Code
➢ Program Guidelines of the Texas Emergency Rental Assistance Program (TERAP) as
published by TDHCA
➢ Chapters 1 and 2 of Title 10, Part 1 of the Texas Administrative Code
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of federal assistance to ensure meaningful access by
persons of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented
by Department of Labor regulations 41 CFR Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
TERAP CONTRACT 2021 24
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CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et
seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water
Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive
Order 11738. In no event shall any amount of the assistance provided under this
Contract be utilized with respect to a facility that has given rise to a conviction under
the Clean Air Act or the Clean Water Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal status of
its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and
the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part
23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" act
(18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts awarded by Agency in excess of $2,000, and in eXcess of
$2,500 for other contracts which involve the employment of inechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327A 300) as supplemented by 29 CFR Part 5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R
➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L.
109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L.
113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
. . � .
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14.13 Prohibition Against Discrimination.
14.13.1 General Statement.
Agency shall comply in the eXecution, performance or attempted performance of this
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Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17, Article
III, Division 4— Fair Housing of the City Code. Agency may not discriminate against any person
because of race, color, sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency
permit its officers, members, agents, employees, or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
III, Division 3- Employment Practices of the City Code, and Agency hereby covenants and agrees
that Agency, its officers, members, agents, employees and contractors, have fully complied with
all provisions of same and that no employee, or applicant for employment has been discriminated
against under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
14.13.2 No Discrimination in Employment during the Performance of This
Contract.
During the performance of this Contract Agency agrees to the following provision, and
will require that its contractors and subcontractors also comply with such provision by including
it in all contracts with its contractors:
[Contractor's, Subcontractor's or Vendor's name] will not unlawfully discriminate against
any employee or applicants for employment because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender
expression or transgender. [Contractor's, Subcontractor's or T�endor's name] will take affirmative
action to ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender eXpression or transgender and that employees are treated fairly during employment
without regard to their race, color, sex, gender, religion, national origin, familial status, disability
or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. [Contractor's,
Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
[Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or
Vendor's name], state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its
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
TERAP CONTRACT 2021 26
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basis of a bona fide occupational qualification, retirement plan or statutory requirement.
[Contractor's, Subcontractor's or ilendor's name] further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify,
in solicitations or advertisements for employees to work on this Contract, a maXimum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
14.13.3 Agencv's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public, nor in the availability, terms
and/or conditions of employment for applicants for employment with, or employees of, Agency or
any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE
ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND
LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND
HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY
THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS
AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE
EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED
LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.14. Conflicts of Interest and Violations of Criminal Law.
14.14.1 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.
14.14.2 General Prohibitions A�ainst Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials of
City or of Agency who exercise or have exercised any functions or responsibilities with respect to
activities assisted with TERAP 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 TERAP-funded
services, may obtain a financial interest or benefit from a TERAP-assisted activity, or have an
interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with whom they have family or business ties, during their tenure or
for 1 year thereafter.
14.14.2.1 Agency shall establish conflict of interest policies for federal awards
including the TERAP Funds and shall disclose in writing potential
conflicts of interest to City as authorized by 2 CFR Part 200.112.
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14.14.3 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. In all cases not governed by this Section, the provisions of
24 CFR Part 570.611 of the CDBG Regulations shall apply.
14.14.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall
maintain and submit to City written standards of conduct covering
conflicts of interest and governing the performance of its employees
engaged in the selection, award, and administration of contracts. No
employee, officer, or agent may participate in the selection, award,
or administration of a contract supported by a federal award if he or
she has a real or apparent conflict of interest. The standards of
conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of
Agency.
14.14.3.2 The officers, employees, and agents of Agency shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts.
14.14.3.3 Notwithstanding the prohibition contained in Section 14.14.3.2,
Agency may set standards of conduct for situations in which the
financial interest is not substantial or the gift is an unsolicited item
of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by
Agency's officers, employees or agents.
14.14.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of
interest means that because of relationships with a parent company,
affiliate, or subsidiary organization, Agency is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.14.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily
limited to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.14.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in
writing any potential conflict of interest.
14.14.5 Disclosure of Texas Penal Code Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit
bribery and gifts to public servants.
TERAP CONTRACT 2021 28
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14.14.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the Agency.
14.15 ���•.+;,,.� ,;+�, c,.,.,n „����+.,�� ��n "�1��
14.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency's failure to follow the
law, if applicable.
14.17 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this Contract
without the prior written approval of City. Any attempted assignment of same without approval
shall be void, and shall constitute a breach of this Contract.
14.18. Right to Inspect Agencv Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
TERAP-funded Program prior to any charges being incurred.
14.19 Force Maieure
If Agency becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court, board, department, commission or agency of the United States or of any
States, civil disturbances, or explosions, or some other reason beyond Agency's control
(collectively, "Force Majeure Event"), the obligations so affected by such Force 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.
14.20 IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Agency shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
TERAP CONTRACT 2021 29
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employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Agency shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Agency shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER 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, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF
CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE
TERAP CONTRACT 2021 30
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IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY AGENCY.
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Agency hereby expressly waives its rights to plead defensively such
immunity or exemption as against City. This Section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
17. INSURANCE AND BONDING.
Agency will maintain coverage in the form of insurance or bond in the amount of
$552,146.94 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 TERAP Funds occasioned by such misconduct. To effectuate
such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for
any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Date of Execution
of the Contract, certificates of insurance as proof that it has secured and paid for policies of
commercial insurance as specified herein. If City has not received such certificates by the Date of
Execution of the Contract, Agency shall be in default of the Contract and City may, at its option,
terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
eXecution, performance, attempted performance or nonperformance of this Contract. Agency shall
maintain the following insurance coverage and limits:
Commercial General Liabilit. (�CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
TERAP CONTRACT 2021 31
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Non-Profit Organization Liabilitv or Directors & Officers LiabilitX
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liabilitv Insurance
$1,000,000 each accident on a combined single-limit basis, or
$ 250,000 Property Damage
$ 500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired,
and non-owned. Pending availability of the above coverage and at the discretion of
City, the policy shall be the primary responding insurance policy versus a personal
auto insurance policy if or when in the course of Agency's business as contracted
herein.
Workers' Com�ensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30 days
following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by
the Department of Insurance or be otherwise eligible and authorized to do business in the state of
TERAP CONTRACT 2021 32
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Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event there are any local, federal or other regulatory insurance or bonding requirements for
the Program, and such requirements exceed those specified herein, the former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages, limits, and other
requirements as those specified herein; and Agency shall require its contractors to provide Agency
with certificate(s) of insurance documenting such coverage. Also, Agency shall require its
contractors to have City and Agency endorsed as additional insureds (as their interest may appear)
on their respective insurance policies.
Directors and Officers Liability coverage shall be in force and may be provided on a claims-made
basis. This coverage may also be referred to as Management Liability, and shall protect the insured
against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising
out of their organizational duties. Coverage shall protect not only the entity, but all past, present
and future directors, officers, trustees, employees, volunteers and committee members.
Notwithstanding any provision in this Contract to the contrary, when applicable, Agency
shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved with
TERAP as provided to property owned by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of Agency,
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement and the eXtension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
member of Congress in connection with this federal contract, grant, loan or cooperative
agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for
making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person
TERAP CONTRACT 2021 33
HOUSING CHANNEL
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 10 days
upon filing under any bankruptcy or financial insolvency provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following deposit in a
United States Postal Service post office or receptacle; with proper postage, certified mail return
receipt requested; and addressed to the other Party at the address set out below or at such other
address as the receiving Party designates by proper notice to the sending Party.
City
City Attorney's Office
200 TeXas Street
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:
Housing Channel
Donna VanNess, President
2900 Airport Freeway
Fort Worth, TX 76111
TERAP CONTRACT 2021 34
HOUSING CHANNEL
Telephone: 817-924-5091
21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency represents that it possesses the legal authority, pursuant to any proper, appropriate
and official motion, resolution or action passed or taken, to enter into this Contract and to perform
the responsibilities herein required.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be considered
an original, but all of which shall constitute one instrument which may be sufficiently evidenced
by one counterpart.
23. PROGRAM INCOME
Parties agree that no program income as defined by HUD or TDHCA shall be earned as a
result of this contract. Should any program income be received through refunds of rental
assistance, security deposits, or the like, such funds will be submitted to City within seven days.
[SIGNATURES APPEAR ON NEXT PAGE]
TERAP CONTRACT 2021 35
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IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract
in Fort Worth, Tarrant County, TeXas.
CITY OF FORT WORTH:
��
B�. Femando Costa (Apr 13, 20211620 CDT)
Name: Fernando Costa
Title: Assistant City Manager
Date: . 20
APPROVAL RECOMMENDED:
gy. ✓/�-t �u�_
Name: Victor Turner
Title: Director, Neighborhood Services Dept.
ATTEST:
By: ���U �� 0
Name: Mary J. Kayser
Title: City Secretary
�,d.p4��n��
�bo�oF OR p o��a
y �o �'A`
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I�io o°=
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CONTRACT AUTHORIZATION:
M&C: 21-0106
Form 1295: 2021-737492
AGENCY:
HOUSING CHANNEL
�dsu� 1�Ga�e¢�
B\/: Donna VanNess (Apr 13, 202114:07 CDTI
7
Name: Donna VanNess
Title: President
Date:
TERAP CONTRACT 2021
HOUSING CHANNEL
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.
= ta.6.�c�.,
B�: Barbara Asbu y(Apr 13, 20211424 CDT)
Name: Barbara Asbury
Title: Compliance and Planning Manager
APPROVED AS TO FORM AND LEGALITY:
��.--=—
By:
Name: Taylor Paris
Title: Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TERAP (STATE CDBG-CV) CONTRACT EXHIBITS:
EXHIBIT "A" —Program Summary
EXHIBIT "A-1" — 2020 HUD Income Limits
EXffiBIT "B" — Budget
EXHIBIT "C" — Audit Certification Form
EXHIBIT "D" — Standards for Complete Cost Documentation
EXHIBIT "E" — Duplication of Benefits Certification Form
EXHIBIT "F" — Notice of Beneficiary Rights
EXHIBIT "G" — Reimbursement Forms
• Attachment I — Invoice
• Attachment II — Expenditure Worksheet
• Attachment IIa — Disbursement Request Form
• Attachment III — Data Elements to be Included in Client Data Report
EXHIBIT "H" — TERAP Appeals Procedure
EXHIBIT "I" -- TDHCA Contract # 70200001017 between City of Fort Worth and Texas
Department of Housing and Community Affairs (TDHCA)
EXHIBIT "J" -- State of Texas Required Forms (all information to be collected in Neighborly
Software application, and certification language included in Neighborly for confirmation with
electronic signature, as applicable)
• 1- Tenant Application and Certification
• 2 - Landlord Certification
3 - Tenant Certification form
• 4- Household Income Certification (Certification of household size and membership)
• 5- Income Self-Certification Form (for individual adults to certify, as applicable, if income
documentation cannot be provided)
TERAP CONTRACT EXHIBITS 2021 Page 1
HOUSING CHANNEL Rev. 04/7/2021
EXHIBIT "A"
PROGRAM SUMMARY: TERAP
Housing Channel — Texas Emergency Rental Assistance Program
April 1, 2020 to January 30, 2022 $552,146.94
PERIOD AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the contract.
PROGRAM:
The Program will provide up to six consecutive months of emergency rental assistance and eviction diversion
services to low and moderate income residents in Fort Worth in accordance with standards and guidance set by
the Texas Department of Housing and Community Affairs (TDHCA) for its Texas Emergency Rental
Assistance Program (TERAP) and its Texas Eviction Diversion Program (TEDP). These seroices will include
intake, eligibility determination, provision of information and referral to appropriate social services as may be
feasible and requested by the applicant, coordination with local Justice of the Peace Courts, and complaint
resolution and referral. The Program responds to the COVID-19 Pandemic by preventing homelessness and
maintaining housing stability for households negatively impacted by economic conditions of the Pandemic.
Services will be provided in compliance with the TERAP Guidelines located on the TDHCA website at:
httbs://www.tdhca.state.tX.us/CDBG/CDBG-CV-CARES-Act-Pro�ram-Forms.htm
Eligible clients are defined as renter households with incomes no more than 80% of the area median as adjusted
for household size. In addition to verification of income eligibility in accordance with TDHCA standards for
the program, participants must be required to provide proof of financial hardship due to the Coronavirus
Pandemic. This may include evidence of layoff, reduction in income, increase in expenses, or similar; and/or
a written statement from the applicant as to how the pandemic contributed to the household's financial hardship.
Financial assistance may be provided for up to 6 consecutive months' of rental assistance per tenant household,
including arrears and at least one month of current or future rent. The approved rental assistance amounts will
be paid to the landlord. Monthly rent amounts must be cost reasonable as defined by TDHCA standards. All
clients meeting eligibiliry criteria should be provided with 6 months' of assistance plus arrearages, with
preference given to households with incomes at or below 50% of Area Median Income when funding
availability is limited. Indicators of need may include: paying more than 50% of gross monthly income on
rent; disability status of one or more household members; household status as extremely low income (under
30% AMI); length of unemployment over 3 months; limited employability due to limited education or training;
and similar factors demonstrating need for continued rental assistance to ensure housing stability If a landlord
declines to participate in the TEDP, TERAP funds may be used to pay for one month's security deposit and
utility deposit as a component of the authorized six months' of assistance, in order to prevent homelessness.
In order to ensure that duplication of rental assistance benefits does not occur through the use of
federal funds, including TERAP Funds, City CDBG-CV funds, and other sources of emergency rental
assistance, intake for the Program's direct financial rental assistance will be performed on the City's
Neighborly Software application portal or other designated online software application platform.
Agency is encouraged to accept referrals for emergency rental assistance from Tarrant County Justice
of the Peace Courts for implementation of TEDP, and must participate in City's approved appeals
TERAP CONTRACT EXHIBITS 2021 Page 2
HOUSING CHANNEL Rev. 04/7/2021
process for the TERAP and TEDP programs.
Agency must determine when the housing unit was constructed for each tenant approved to receive
more than three months of current and future rental assistance. For all housing units built prior to
1978, a visual assessment must be conducted to determine whether hazards from Lead-Based Paint
are present. The landlord and/or owner of any pre-1978 rental housing units demonstrating peeling
paint, paint dust at friction surfaces, or any other evidence of Lead-Based Paint hazards must be
referred to the City's LeadSafe Program to determine eligibility for Lead Hazard Reduction services,
which can be provided free of cost to the owner. Rental housing units showing evidence of Lead-
Based Paint hazards will not be eligible for further TERAP rental assistance payments. Agency is
encouraged to seek alternate funding sources to continue rental assistance for client households
residing in these units, if they continue to qualify for and are in need of the assistance.
The Program will meet the following Client Service and Fund Expenditure goals:
Funds Obligated Funds Unduplicated Clients Number of
(committed to EXpended for Whom Assistance Clients
Client is Pledged / Served
Month / Date Assistance) Obli ated
4; June 30 30%; 20% 30 25
6; July 31 100% 40% 76 50
9; Oct 31 100% 70% 76 70
13; Feb 28 100% 100% 76 76
*NOTE: Goals are based on provision of all clients with 6 months of rental assistance at an average rent of
$1200 per month, or $7200 per client.
Agency's office and Program services will be available at 4200 South Freeway, Suite 307, Fort Worth,
Texas 76115, Monday through Friday from 8:00 am to 5:00 pm. Agency will coordinate with City's
outreach and marketing efforts on behalf of the program.
Agency shall not change any service locations without prior City approval. Costs incurred at any
locations that have not been approved by City shall not be reimbursed.
TERAP funds will be used to pay for direct rental assistance and related eligible payments to landlords.
PROGRAM GOALS:
Minimum Number of Fort Worth Clients to be Served: The Program will serve a minimum of 76
Unduplicated Clients from Fort Worth (based on an estimated average of $7200 per client direct
financial assistance) as shown by the monthly reports on Attachment III or similar report produced
via Neighborly Software or other software application platform used by City to administer emergency
rental assistance programming. Agency shall not be penalized for serving fewer clients with direct
financial assistance if the per-client average dollar amount of assistance is greater than $7200.
TERAP CONTRACT EXHIBITS 2021 Page 3
HOUSING CHANNEL Rev. 04/7/2021
EXHIBIT "A-1"
2020 HUD INCOME LIMITS
Effective Apri12020
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.
TERAP CONTRACT 2021
HOUSING CHANNEL
HOUSING CHANNEL
TERAP Emergency Rental Assistance
PROGRAM BUDGET
EXHIBIT "B"
Budget
Cost Line Item City of Fort Worth Other Funding Sources Total Program
TERAP Funds (Donations, etc.) Budget
Pro ram Personnel Costs
Salaries
FICA
Health / Dental Insurance
Life / Disabilit Insurance
Unem lo ment Taxes
Workers Compensation Taxes
Retirement Plan Contributions
Other
Su lies and Services
Office / Program Supplies
Postage
Printing
Com uter E uipment / Software
Food Supplies
Teaching Aids / Craft Supplies
Field Trip Expenses
Mileage
Contractual Services/Contract Labor
Other
Facilit / O erations Ex enses
Tele hone
Electricit
Gas
Water
Office/Facility Rent
Cleanin Su lies/Services
Other
Administrative Costs
Insurance: Liability, D&O, Fidelity
Bond
Interest (Line of Credit)
Accounting / Audit
Direct Client Assistance
Rental Assistance $ 552,147.94
Utility Payments
Other
TOTAL $ 552,147.94
TERAP CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "C"
AUDIT CERTIFICATION FORM
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency Name: Housing Channel
Fiscal Year Ending: September 30, 2021
❑ During the fiscal year in which funds will be received, we will exceed the federal eXpenditure
threshold of $750,000. We will have our Single Audit or Program Specific Audit completed
and will submit the audit report described in 2 CFR Part 200 within 7 months after the end
of the audited fiscal year or 30 days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received, we will not exceed the $750,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed
this 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.
TERAP CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "D": STANDARDS FOR COMPLETE COST DOCUMENTATION
Documentation Standards for
State of Texas TERAP CDBG-CV Funds
If an employee works on both a TERAP Funded Program and another program
funded through other sources, the City will only reimburse for a reasonably
cost-allocated portion of the employee's salary. Prior to the reimbursement of
salary expenses, and with the first Reimbursement Request, the Agency will
provide the City with a written statement on how each employee's time was
allocated (for previously-incurred expenses) and how the time will be allocated
Salaries X X for the remaining term of the Contract. If an employee works 100% of their
time directly with the TERAP-funded Program, then 100% of the employee's
salary may be eligible for reimbursement. Statements must be signed by a
person authorized to sign on behalf of the Agency and should be submitted
with the October invoice.
Reimbursement requests must include a timesheet and work log that reflects
the hours worked by the employee(s) working directly on the TERAP-funded
Program. For employees who are paid with multiple funding sources,
timesheets must reflect all funding sources. If separate timesheets are kept for
each funding source, all such timesheets must be submitted to City.
Timesheets must be signed by employee and supervisor. Agency must show a
calculation and documentation of how the employee's salary was calculated
and invoiced to City.
*If employees are paid by direct deposit rather than check, then the agency
must submit both the direct deposit payment company's report (such as an
ADT report) and a bank statement or check showing payment to the direct
deposit company.
FICA/Medicare X X
Life Insurance X X If the City reimburses for an employee's gross salary, and these benefits
represent deductions from the employee's take-home pay, the employee costs
Health or for these benefits expenses should be reflected on the pay advice. If the City
Disability X X
pays the employer portion of these benefits, the Agency must provide
Insurance documentation verifying that the employee is enrolled in the benefit plan,
Retirement / documentation of how the invoiced amount was calculated, and must provide
Pension Plan X X documentation verifying payment.
Unemployment
Insurance X X
TERAP CONTRACT 2021
HOUSING CHANNEL
Materials, Equipment, Goods and Supplies - City will only reimburse for the approved cost- allocated percentage or amount directly
spent in support of the TERAP-funded Program. As applicable, agencies must show calculation on how the TERAP portion of these
expenses were cost-allocated consistently their use on the TERAP-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 TERAP- Funded Program staff and shall be cost-allocated in accordance with the amount of space
used for the TERAP-funded Program. Agency Reimbursement Requests must demonstrate calculation of the TERAP portion of these
expenses and cost-allocation consistent with applicable sections of the Contract.
Rent X X X X X A proportional share of rent for the Program facility provided that (the cost was
incurred in order to prevent, prepare for, or respond to the Coronavirus
Pandemic.
Facility This item re uires a roval b the Cit rior to the execution of the Contract
x x x x p pp Y Yp
Maintenance to confirm direct relationship to the Coronavirus Pandemic.
and Repairs
Miscellaneous
Contracted Labor Prior to the execution of the Contract, the Agency must advise the City in
or Services X X X X X writing regarding contractual labor or services to be used during the Contract
term, such as security services, legal, accounting, transportation providers,
educational facilitators, custodial services, etc. The initial request for payment
for these contracted services must include proof of search of the federal System
for Awards Management (SAM), verifying that the vendor is not debarred or
suspended. Agencies may not use the contract services of any City Department.
Agency must submit its fee schedule or formula on how the childcare
Childcare or scholarship amounts are calculated. The fee schedule/formula should
Youth Services demonstrate a breakout of income levels, as applicable, and for each income
Scholarships X X level the schedule should demonstrate which portion of the expense is to be
paid by the family and which portion of the expense is to be reimbursed by the
City. This fee schedule/formula must should accompany the first payment
request if not previously submitted. If the fee schedule/formula changes at
any time during the contract term, the Agency must immediately notify City on
the date the new fee schedule/formula takes into effect and provide the
updated schedule.
Proof of payment documentation means:
• Image of the check AND bank statement showing the check cleared the bank;
O R,
• 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.
TERAP CONTRACT 2021
HOUSING CHANNEL
HOUSING CHANNEL EXHIBIT "E"
TERAP Funds 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 is available to 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 CARES TERAP Funds under this contract, the agency has not
received other funds to be used for the same purposes for the same clients 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:
• Costs proposed to be reimbursed through this contract were not covered through and will not
duplicate benefits provided by, an Economic Injury Disaster Loan.
• All reasonable efforts will be made to exercise due diligence to ensure that no beneficiary of TERAP
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:
o Texas Rent Relief Program
o City of Fort Worth Emergency Rental Assistance Program (FWERAP) funded through
Coronavirus Relief payment from the U.S. Treasury Department.
o Community Services Block Grant (CSBG) Program, administered in Tarrant County and
Fort Worth by Community Action Partners (CAP) .
o Catholic Charities, or any other faith-based or other nonprofit organization providing
emergency rental and utility assistance.
o 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
reasonablv anticipates receivin�, the followin� potentiallv dunlicative assistance (if none, leave blax
Organization:
Typed Name: Title:
Signature: Date:
TERAP CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "F"
FAITH-BASED ORGANIZATION: Notice of Beneficiary Rights
Name of Agency:
Name of Program:
Contact information for Program Staff (name, phone number, and e-mail address, if appropriate):
Because this program is supported in whole or in part by direct Federal financial assistance from
the Federal Government, we are required to let you know that:
• We may not discriminate against you on the basis of religion, religious belief, a refusal
to hold a religious belief, or a refusal to attend or participate in a religious practice;
• We may not require you to attend or participate in any explicitly religious activities that
are offered by us and any participation by you in these activities must be purely
voluntary;
• We must separate, in time or location, any privately funded explicitly religious activities
from activities supported by direct Federal financial assistance;
• If you object to the religious character of our organization, we must make reasonable
efforts to identify and refer you to an alternative provider to which you have no such
objection; and
• You may report an organization's violations of these protections, including any denial of
services or benefits, by contacting or filing a written complaint to HUD [or the
intermediary, if applicable].
We must give you this written notice before you enroll in our program or activity, as required by
24 CFR 5.109.
TERAP STATE OF TEXAS CDBG-CV CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "G"
REIMBURSEMENT FORMS
Reimbursement Forms will be provided to Subrecipient in electronic Excel Format upon
execution of the Contract. These Exhibit pages illustrate the contents of the four required
Reimbursement Forms: Attachment I(Invoice), Attachment II(Expenditure Worksheet),
Attachment IIa, (Disbursement Request), and Attachment III (Client Data Report).
ATTACHMENT I: INVOICE
INVOICE
Agency:
Address:
City, State, Zip:
Program: Texas Emergency Rental Assistance Program (TERAP)
Period of Service:
Tax ID No.
P.O. No.
FID No.
Amount
Pro ram This Invoice Cumulative to Date
TERAP
TERAP STATE OF TEXAS CDBG-CV CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "G": ATTACHMENT II: EXPENDITURE WORKSHEET
Agency:
Program: 1�r,KAY
Line Check * Account Expense Line Item
No. No. Date Payee Description/Job Title Code Amount Account
1 PROGRAM PERSONNEL
2 Salaries 1001
3 FICA 1002
4 Life/Disability Insurance 1003
5 Health/DentalInsurance 1004
6 Unemployment-State 1005
7 Worker's Compensation 1006
8 Retirement 1007
9 SUPPLIES /cSERVICES
10 Office/Program Supplies 2001
11 Posta e 2002
12 Printing 2003
13 Other( ) 2004
15 MISCELLANEOUS
16 Contractual Services 3001
17 Food Supplies 3002
18 Teachin Aids 3003
19 Craft Supplies 3004
20 Field Tri Expenses 3005
21 Mileage 3006
22 OtherO 3007
24 FACILITY / UTILITIES
25 Telephone 4001
26 Electric 4002
27 Gas 4003
28 Water and Wastewater 4004
29 Solid Waste Dis osal 4005
30 Rent 4006
31 Cleaning Supplies 4007
32 Other( ) 4008
33 LEGAL, FINANCIAL, INS.
34 Fidelity Bond or Equivalent 5001
35 Directors and Officers Ins. 5002
36 General Commercial Liability 5003
37 Other( ) 5004
38 DIRECT ASSISTANCE
39 Rental Assistance 6001
40 Utility Assistance 6002
Total $0.00 Other (.....) 6003
Please group like account codes; Contract Budget line items are the only cost types eligible for reimbursement.
TERAP STATE OF TEXAS CDBG-CV CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "G"
ATTACHMENT IIa
DISBURSEMENT FORM FOR RENTAL EXPENSES
TERAP Disbursement Request #
Client Identifier Housing Unit Address Rent Arrears Total
(Case ID / Last (Property Name, Street, Apt.#, Amount Amount Requested
Name) Zip) Requested Requested
Totals
TERAP STATE OF TEXAS CDBG-CV CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "G": REIMBURSEMENT FORMS
ATTACHMENT III: DATA ELEMENTS TO BE INCLUDED IN CLIENT DATA
REPORT
List of Households served by the program, identified by Neighborly Case ID and name of Head
of Household, together with the following data on each household:
• Address
• Whether client was an Eviction Diversion Program referral
• Eviction Court Docket Number (if applicable)
• Eligibility status of Tenant applicant
• Eligibility status of Landlord
• Race/Ethnicity of Head of Household
• Income (dollar amount for household, and level by Percentage of Area Median Income)
• Number of persons in household
• Gender of head of household
• Whether any person in the household has a disability
• Whether any person in the household is a Veteran
• Whether any person in the household is 62 years of age or older
• Whether any household members are under the age of 18
• Amount of Arrears owed
• Number of months of arrears owed
• Amount of arrears paid
• Amount of arrears left unpaid
• Number of months' current/future rent requested
• Number of months' current/future rent approved
• Amount of current/future rent paid
• Total amount paid (rent and arrearages)
Aggregate Level Data on the following:
• Number of households that received emergency rental assistance during the monthly
reporting period
• Number of households that received emergency rental assistance through Eviction
Diversion
• Total number of pending households, that will receive assistance in the next 30 days
The following monthly data may also be requested (pending confzrmation from TDHCA):
• Number of eligible Eviction Diversion Program tenants referred to the program
• Number of ineligible Eviction Diversion Program tenants referred
• Number of eligible landlords referred to the Eviction Diversion Program
• Number of ineligible landlords referred to the Eviction Diversion Program
• Number of referred tenants withdrawing from the Eviction Diversion Program
• Number of referred landlords withdrawing from the Eviction Diversion Program
TERAP STATE OF TEXAS CDBG-CV CONTRACT 2021
HOUSING CHANNEL
EXHIBIT "H" — TERAP APPEALS PROCEDURE
1) Agency reviews all information submitted by applicant and makes determination of eligibility,
makes notification of denial to applicant via Email through Neighborly Software, including
reasons for denial
2) Applicant notifies Agency of concerns (phone or email), agency staff may make reasonable effort
to assist
o If denial is based on income eligibility, Agency Senior staff person must review income
determination based on same documents as initially provided to first reviewer, and
respond to complainant in writing; this second review must be documented in Neighborly
Software
3) Agency advises Applicant in writing regarding right to appeal to City; Agency notification made
either through Neighborly Software, or through email with copy of email notification uploaded to
Neighborly Software
4) Applicant provides written appeal to City of Fort Worth; must be made within 10 calendar days
of Agency's written notification of denial
o If appeal is made verbally (phone call) — City staff will advise Applicant that appeal must
be written (email or letter)
o ONLY EXCEPTION — If applicant states appeal cannot be provided in writing due to a
disability, then oral appeal will be taken and recorded by City staff, with summary
transcription provided to applicant
o If applicant is non-English-speaking, City staff will make appropriate arrangements for
translations via established City procedures for customer service and interpretation for
non-English-speaking clients, ensuring documentation of all steps
5) City Appeals staff acknowledge receipt of appeal in writing
6) If Appeal is based only on Income eligibility, Appeals staff may review applicant's submitted
documentation in Neighborly, but remainder of this Complaint Procedure does not apply
7) Appeals staff investigate appeal, including reviewing available documentation and contacting
applicant, landlord, and/or Agency for followup information as appropriate
8) Appeals staff recommend resolution of Client Appeal to City ERAP Appeals Review Committee
policy
9) Appeals Committee recommends approval or denial of appeal
10) Written determination prepared for signature by City Neighborhood Services Department
Director, which is then sent to appellant via email and regular mail
o If appeal is approved, client may be referred to another Agency or funding resource for
any further casework, recertification, etc;
o written determination includes notification that appellant has the right to further appeal
this decision to TDHCA within 10 calendar days of notification of adverse decision
11) Copy of Appeal determination letter is sent and emailed to TDHCA staff
12) Copy of written determination also sent to original agency handling case and uploaded to
Neighborly Software
TERAP STATE OF TEXAS CDBG-CV CONTRACT 2021
HOUSING CHANNEL
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
CONTRACT NO. 70200001017
CFDA: 14.228 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Awarding Federal Agency: U.S. Department of Housing and Urban Development
Federal Award Number(s): B-20-DW-48-0001
Federal Award Year: 2020
Pass Through Entity: Texas Department of Housing and Community Affairs
HUD Entity Type: Subrecipient
Unique Entity Identifier Number: 073170458
SECTION 1. PARTIES TO THE CONTRACT
This 2020 CDBG-CV Contract Number 70200001017 ("Contract") is made and entered into by and between the
Texas Department of Housing and Community Affairs, a public and official of the State of Texas, ("Department"
or "TDHCA") and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient") hereinafter,
collectively, the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 15, 2021, and shall terminate on January 14, 2022, unless extended
by written agreement or terminated earlier ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE. SCHEDULE. AND SERVICE AREA
A. Purpose. Subrecipient shall utilize federal CDBG-CV funds to implement a Texas Emergency Rental
Assistance Program ("TERAP") and carry out the Texas Eviction Diversion Program ("TEDP") as further
permitted herein and as administered by the Department.
Program Design. Generally, Subrecipient shall utilize CDBG-CV funds to provide rental assistance to
income-eligible Households economically impacted by the Coronavirus Disease 2019 ("COVID-19") to
help them stay housed during the pandemic by paying for up to six months of rent, including rental
arrears, with at least one of those months covering a current or future month of rent. Current and
future months of rent must be consecutive.
C. TEDP
1. TEDP Activity.
Subrecipient must participate in TEDP. TEDP allows Texans who have fallen behind on their
rent because of the impact of COVID-19 and whose landlords have initiated eviction
proceedings, to stay in their homes. TEDP operates in partnership with the Supreme Court
of Texas, the Office of Court Administration ("OCA"), and local courts and provides
referred income-eligible Households economically impacted by COVID-19 with up to six
months of rental assistance and an alternative to eviction.
Subrecipient is required to administer the eviction diversion emergency rental assistance
activity in conjunction with one or more designated Justices of the Peace as specified by
TDHCA and the OCA and listed on their websites.
Page 1 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
2. Confidential Information. In this partnership with OCA, the Department, and the Supreme Court
of Texas, Subrecipient will make all court records, files, and information, relating to the eviction
confidential to mitigate the secondary effects on the Household's ability to rent housing in the
future. Visit the Court's website at http://www.txcourts.gov/programs-services/eviction-diversion-
program/.
3. Allocation. Ten percent (10%) of the contract amount is allocated for the TEDP activity. If this ten
percent (10%) is spent, Subrecipient may spend other funds under this Contract on TEDP without
prior Department approval, but will need to accurately report these funds for this activity utilized
in the monthly reporting to the Department.
4. Deobli�ation. If there are limited referrals from the local courts or referrals are primarily
ineligible, the Department may in its sole but reasonable written authority deobligate all or a
portion of these funds, or may allow the funds to be used for emergency rental assistance
payments by the Subrecipient, on or after the six-month expenditure benchmark.
5. Securitv and Utility Deposits. If the landlord refuses to participate in TEDP, Subrecipient
may transfer the Household to the TERAP. If Subrecipient transfers the Household to the TERAP,
TERAP funds may also be used for one month's security and utility deposit(s). Subrecipient may
not pay a utility deposit to a public utility company that it or an affiliate owns or controls, or that
another unit of government or affiliate of local government owns or controls without prior written
permission from the Department. If these deposits are refundable, the Subrecipient must require
the landlord or the utility company to return the funds to the Subrecipient upon the Household's
departure from the Unit.
6. Intentionally Deleted.
D. Pro�ram Repuirements. Subrecipient must comply with the all applicable statutes, regulations,
and U.S. Department of Housing and Urban Development ("HUD") guidance, including, but not limited
to the following: the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) ("CARES
Act"); Chapter 2105 of the Texas Government Code; Administration of Block Grants, Housing and
Community Development Act of 1974, as amended and codified at 42 U.S.C. § 5301; the Federal CDBG
Regulations, found at Title 24 Code of Federal Regulations (CFR) Subpart I; and the CDBG-CV notice
found at FR-6218-N-01 ("Notice") and FAQs: Program Rules, Waivers, and Alternative Requirements
Under the CARES Act for CDBG-CV Grants, FY 2019 and 2020 CDBG Grants, and for Other Formula
Programs"); 24 CFR Parts 58, and 75; 2 CFR Part 200, Uniform Grant Management Standards (UGMS),
Texas Department of Housing and Community Affairs 2019 Annual Action Plan, as amended, the
Department's CDBG-CV TERAP Program Guidelines ("Program Guidelines") and Chapters 1 and 2 of
Title 10, Part 1 of the Texas Administrative Code. Subrecipient further agrees to comply with the
Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements attached
hereto as Addendum A, Certification Regarding Drug-Free Workplace Requirements attached hereto as
Addendum B, Certification Regarding Debarment, Suspension and Other Responsibility Matter
attached hereto as Addendum C, the Contract Benchmarks attached hereto as Exhibit A; the
Performance Statement and Benchmarks attached hereto as Exhibit B; the Budget attached hereto as
Exhibit C; all such addendums and exhibits incorporated herein for all relevant purposes; the
assurances, certifications, and all other statements made by Subrecipient in its application for CDBG-
CV, as defined in Section 4, funding under this Contract; and with all other terms, provisions, and
requirements herein set forth. All such addendums and exhibits are incorporated herein for all
relevant purposes.
E. Service Area. Subrecipient's service area consists of: City of Fort Worth, TX.
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F. Performance. The Subrecipient shall perform all activities in accordance with the Program
Requirements in Section 3 D of this Contract "Program Requirements", "Contract Benchmarks"
attached hereto as Exhibit A and incorporated herein for all relevant purposes; the "Performance
Statement and Benchmarks"" attached hereto as Exhibit B and incorporated herein for all relevant
purposes; the "Budget" attached hereto as Exhibit C and incorporated herein for all relevant purposes;
the "Certification Regarding Lobbying for Contracts, Grants, Loans and Cooperative Agreements"
attached hereto as Addendum A and incorporated herein for all relevant purposes; Certification
Regarding Drug-Free Workplace Requirements attached hereto as Addendum B, the Certification
Regarding Debarment, Suspension and Other Responsibility Matter attached hereto as Addendum C,
the assurances, certifications, and all other statements made by the Subrecipient in its application for
the activity funded under this Contract; and with all other terms, provisions, and requirements set
forth in this Contract. The Subrecipient shall ensure that the persons to benefit from the activities
described in the "Performance Statement and Benchmarks" attached as Exhibit B to this Contract are
receiving the service or a benefit and activities for the Contract obligations to be fulfilled and before
submitting the "Project Completion Report", as described in the Program Guidelines to TDHCA.
G. Implementation Schedule. All funds must be fully expended within the Contract Term and must be
expended at a reasonable rate acceptable to the Department and as indicated in the "Contract
Benchmarks" and "Budget" attached hereto as Exhibits A and C. As further detailed in Exhibits A and
C, once General Administration expenditures reach 40% of the budgeted amount, the Department will
only reimburse Subrecipient for additional General Administration costs at a rate such that the
percentage of budgeted General Administration funds reimbursed is no more than 20 percentage
points higher than the percentage of budgeted Emergency Payments expended.
H. Income and Household Qualification.
1. Definitions. For purposes of this Contract, the following definitions apply:
"Household" or "Households" is defined as all persons occupying the same housing unit,
regardless of their relationship to each other. The occupants could consist of a single
family, two or more families living together, or any other group of related or unrelated
persons who share living arrangements. Live-in aides are not part of the Household.
"Gross Annual Income" is defined as annual income before any deductions have been
taken.
2. Tenant Certification. The Household must complete a tenant certification form, as
described in the Program Guidelines.
3. Statements of Economic Impact. Subrecipient must collect statements from Households
attesting to having been economically impacted by COVID-19 such as disaster related
unemployment, lost wages, or increased Household costs.
4. Household Income Certification. Unless otherwise noted, Subrecipient must complete a
household income certification form ("HIC") or a similar tool, as described in the Program
Guidelines.
5. Household income. Household income is based on Part 5 of HUD's Handbook 4350.3, as modified
for TERAP and TEDP and defined in the Department's CDBG-CV TERAP Program Guidelines found
here: https://www.tdhca.state.tx.us/pdf/covidl9/cdb�/TERAP-Pro�ram-Guidelines.pdf
6. Household Qualifications. Households can qualify as follows:
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i. Subrecipient is not required to further determine Household income if the Household
consists of 6 or fewer individuals and signs a self-certification that its income does not
currently exceed 80% of HUD's Area Median Income ("AMI"), and the Household provides
documentation that it is currently receiving benefits from Supplemental Security Income
("SSI") for the Head or Co-Head of household„ Low-Income Energy Assistance Program
("LIHEAP"), or the Supplemental Nutrition Program ("SNAP").
ii. If the Household resides in a development that is a property whose rent limit is capped by
HUD, the Department of Agriculture or the Department, the landlord may provide
documentation that an income certification was done pursuant to 24 CFR Part 5 on or
after April 1, 2020, but must be within twelve months of the CDBG-CV application for
assistance, and the residing Household's income does not exceed 80% of HUD's AMI. In
this circumstance, after reviewing the landlord's documentation and receiving a
certification from the Household that its income is still under HUD's 80% AMI, Subrecipient
is not required to further determine Household income.
iii. If income is from 0% to 60% AMI, a Household self-certification of income is required.
iv. For Household income 60% to 80% of AMI, see page 11 of the Program Guidelines. For
TERAP, Subrecipient must qualify all Households using the 4350.5 modified income
qualification process explained on the Program Guidelines.
7. Duplication of Benefits. Under no circumstances shall a Household or landlord receive a
duplication of benefits ("DOB"). A DOB occurs when a beneficiary receives assistance from
multiple sources for the same purpose, and the total assistance received for that purpose is more
than the total need for assistance. Any excess from a DOB must be returned to the Department
within 10 (ten) days.
8. Subaward A�reements. This subsection H of Section 3 of the Contract must be incorporated
into any and all subaward agreements.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. Financial Obli�ations. In consideration of Subrecipient's satisfactory performance of this Contract,
Department shall reimburse the actual allowable costs incurred by Subrecipient in an amount up to
$1,840,489.78 and in accordance with the terms of this Contract.
B. Availabilitv of Funds. Department's obligations under this Contract are contingent upon the actual
receipt and availability by the Department of adequate CDBG-CV funds from the U.S. Department of
Housing and Urban Development ("HUD"). If sufficient funds are not available to make payments
under this Contract, Department shall notify Subrecipient in writing within a reasonable time after
such fact is determined. Department shall then terminate this Contract, and will not be liable for the
failure to make any payment to Subrecipient under this Contract. Department acknowledges that it
has received obligations from those sources which, if paid, will be sufficient to pay the allowable costs
incurred by Subrecipient under this Contract.
C. Ineli�ible Costs. Department shall not be liable to Subrecipient for certain costs, including but not
limited to costs which:
1. have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any
source other than Department;
2. are not allowable costs, as set forth in the CDBG-CV Notice and the CARES Act and in Section 8 of
this Contract;
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3. are not strictly in accordance with the terms of this Contract, including the addendums and
exhibits attached hereto;
4. have not been reported to Department within forty-five (45) calendar days following termination
of this Contract;
5. are not used to prevent, prepare for, or respond to the Coronavirus Disease 2019 pandemic
"COVID-19"); or
6. are not incurred during the Contract Term, except for rental arrears payments between April 1,
2020, and January 14, 2021, and eligible pre-award administrative costs incurred after April 1,
2020, as further detailed in Section 5 C of this Contract.
D. Deobli�ation of Funds. Failure to meet an expenditure benchmark as reported in the Monthly
Expenditure and Performance Report as identified in Exhibit A, Contract Benchmarks, may result in the
Department (in its sole discretion) deobligating the unreported amount of expended funds for the
benchmark and deobligating an equivalent proportion of administrative funds. Funds obligated to
specific landlords or utility providers by July 31, 2021, but not paid to those landlords or utility
providers may be reobligated by the Subrecipient in accordance with the terms of this Contract.
SECTION 5. PAYMENT / CASH BALANCES
A. One-Time Request for Advance of Funds.
1. Per 2 CFR 200.305, the Subrecipient may request a one-time advance of funds (no more than 30
days cash need) by submitting to TDHCA a properly completed planned expenditure report that
includes a request for advance funds, in a format specified by TDHCA. TDHCA shall determine the
reasonableness of each amount requested and shall not make disbursement of any such payment
until TDHCA has reviewed and approved such request. TDHCA may request Subrecipient to make
modifications to the disbursement request and is authorized to modify the disbursement
procedures set forth herein as may be necessary or advisable for compliance with Program
Requirements.
2. Subrecipient's requests for the advance of funds shall be limited to the minimum amounts needed
for effective operation of programs, and shall be timed as closely as possible to be in accord with
actual cash requirements. Subrecipient shall establish procedures to minimize the time elapsing
between the transfer of funds from TDHCA to the Subrecipient and the spending of such funds and
shall ensure that such funds are disbursed as soon as administratively possible. If Subrecipient
subcontracts or subawardees any part of its award, it must have financial management systems in
place to pay the subcontractor or subawardee for expenses under the agreement, generally within
thirty (30) days.
B. Disbursement Procedures. Subrecipient shall establish procedures to minimize the time between
the disbursement of CDBG-CVD funds from Department to Subrecipient and the expenditure of such
funds by Subrecipient.
C. Allowable Expenses. All funds paid to Subrecipient pursuant to this Contract are for the payment of
allowable expenditures to be used for the exclusive benefit of low-to moderate- income Households
with Gross Annual Income at or below 80 percent of HUD's AMI, applicable per each Household's size
and zip code and county of residence. Subrecipient may incur administrative costs to deliver
emergency assistance: salaries and related costs; supplies and equipment (with Department approval
and as limited by 10 TAC §1.10), overhead (utilities, maintenance, etc.), transportation, and mileage.
Preparation of the CDBG-CV application and staff time to attend or participate in pre-contract training
are eligible pre-award administrative costs. Subrecipient may incur costs for activities associated with
the closeout of the Contract for a period not to exceed forty-five (45) calendar days from the end of
the Contract Term.
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D. Refund. Subrecipient shall refund to Department any sum of money which has been paid to
Subrecipient by Department, which Department determines has resulted in an overpayment.
Subrecipient shall make such refund within ten (10) calendar days after the Department's request.
E. Repavment. Subrecipient shall repay funds that the Department determines has not been spent
strictly in accordance with the terms of this Contract and by which the period of obligation has
expired. Subrecipient shall make such repayment within ten (10) calendar days after the Department's
request.
SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS
A. Administrative Requirements and Cost Principles. Except as expressly modified by law or the terms of
this Contract, Subrecipient shall comply with the cost principles and uniform administrative
requirements set forth in the state Uniform Grant Management Standards, 34 TAC §20.421 in effect
on the effective date of this Contract ("UGMS").
B. Indirect Cost Rate. Subrecipient has an approved indirect cost rate of 0%. Indirect costs are only
allowable if Subrecipient has an approved federal indirect cost rate or is using the de minims rate on
all its federal contracts per 2 CFR §200.414(f).
C. Financial Mana�ement and Audit Requirements. Subrecipient must demonstrate to the
satisfaction of the Department that they are in compliance with the financial management
requirements at 2 CFR Part 200, including the single audit requirements of 2 CFR §200.501. Audit
requirements are set forth in the Texas Single Audit Act and 2 CFR Part 200, Subpart F. The
expenditure threshold requiring an audit is $750,000 of Federal and/or state funds. If an audit is
required under the Texas State Single Audit Act, this audit must be submitted to the Department
pursuant to 10 TAC §1.403, but CDBG-CV funds may not be used to pay for the audit. Subawardees of
the Subrecipient must comply with financial management systems in accordance with 10 TAC §1.402.
Subrecipient shall ensure compliance by subawardee, if applicable.
D. Audit Review. Department reserves the right to conduct additional audits of funds received and
performances rendered under this Contract. Subrecipient agrees to permit Department, or its
authorized representative, to audit Subrecipient's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
E. Subcontracts and Subawards. The Subrecipient shall include language in any subcontract or
subaward that provides the Department the ability to directly review, monitor, and/or audit the
operational and financial performance and/or records of work performed under this Contract.
F. Certification Form. For any fiscal year ending within or one year after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty
(60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is required by 2 CFR
Part 200, Subpart F, the report must be submitted to the Federal Audit Clearinghouse ("FAC") the
earlier of thirty (30) calendar days after receipt of the auditor's report or nine (9) months after the end
of its respective fiscal year. As noted in 10 TAC §1.403(f), Subrecipient is required to submit a
notification to Department within five (5) business days of submission to the FAC. Along with the
notice, indicate if the auditor issued a management letter. If there is a management letter, a copy of
the letter must be sent to the Department. Both the notice and the copy of the management letter, if
applicable, must be submitted by electronic mail to: SAandACF@tdhca.state.tx.us
SECTION 7. TERMINATION AND SUSPENSION
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A. Termination. Upon adequate notice, and as per 10 TAC §2.202, Department may terminate this
Contract, in whole or in part, at any time Department determines that there is cause for termination.
Cause for termination includes, but is not limited to, Subrecipient's failure to comply with any term of
this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of
this Contract. If the Department determines that a Subrecipient has failed to comply with the terms of
the Contract, or to provide services that meet appropriate standards, goals, or other requirements
established by the Department, the Department will notify Subrecipient of the deficiencies to be
corrected and may require the deficiencies be corrected. Repeated instances of not meeting the
Contract Benchmarks as reflected in Exhibit A will be good cause to terminate the Contract, in the
Department's sole discretion.
B. Suspension. As per 10 TAC §2.202, Department may suspend this Contract, in whole or in part, at any
time Department determines that there is cause for suspension. Nothing in this Section 7 shall be
construed to limit Department's authority to withhold payment and immediately suspend this
Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or
other deficiencies in Subrecipient's performance.
C. Liabilitv. Department shall not be liable for any costs incurred by Subrecipient after termination or
during suspension of this Contract.
D. Withholding of Pavment. Notwithstanding any exercise by Department of its right of termination or
suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of
any breach of this Contract by Subrecipient. Department may withhold any payment due to
Subrecipient until such time as the exact amount of damages due to Department or other liability is
agreed upon or is otherwise determined in writing between the Parties.
SECTION 8. PROHIBITED USE OF FUNDS
A. Bud�et• Subrecipient may not use funds under this Contract for any activity or in any manner
not reflected in Exhibit C, Budget.
B. Rental Pavment Restrictions. Subrecipient may not use funds under this Contract to assist a
Household whose contract rent in its dwelling unit exceeds 150% of the Small Area Fair Market Rent
("SAFMR"), or where no SAFMR exists, the Fair Market Rent ("FMR"), and may not make a payment for
a dwelling unit in an amount greater than 120% of the SAFMR or FMR. A Subrecipient may assist a
Household with nonfederal funds for the rental arrears for the monthly amount between 120% and
150% of Small Area Fair Market Rent or Fair Market Rent (if Small Area Fair Market Rent is not
published in the jurisdiction).
C. Proiect-Based and Tenant-Based Rental Assistance. Subrecipient may not use funds under this
Contract to assist a Household whose dwelling unit also has project-based rental assistance, whose
development uses project-based operating assistance, or where the tenant has a tenant-based
voucher.
D. Public Housin� Unit. Subrecipient may not use funds under this Contract to assist a Household
whose dwelling unit is a public housing unit.
E. Assistance Period. Subrecipient may not assist a Household with funds under this Contract, for
more than a total of six (6) months (rental arrears payment + current or future monthly rental
payment).
F. Local Government Owned Propertv. Subrecipient may not use funds under this Contract to assist a
Household whose dwelling unit is owned by a Unit of Local Government (as that term is defined in
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UGMS), unless it has prior written permission from the Department (to be reviewed on a case by case
basis).
SECTION 9. RECORDKEEPING REQUIREMENTS
A. General. For purposes of compliance, all associated documentation must be readily available,
whether stored electronically or hard copy to justify compliance with program rules and regulations.
Subrecipient shall maintain fiscal and programmatic records and supporting documentation for all
expenditures made under this Contract in accordance with the UGMS.
B. Open Records. Subrecipient acknowledges that all information collected, assembled, or maintained by
Subrecipient pertaining to this Contract, except records made confidential by law, is subject to the
Texas Public Information Act (Chapter 552 of Texas Government Code) and must provide citizens,
public agencies, and other interested parties with reasonable access to all records pertaining to this
Contract subject to and in accordance with the Texas Public Information Act.
C. Access to Records. Subrecipient shall give HUD, the U.S. General Accounting Office, the Texas
Comptroller, the State Auditor's Office, and Department, or any of their duly authorized
representatives, access to and the right to examine and copy, on or off the premises of Subrecipient,
all records pertaining to this Contract. Such right to access shall continue as long as the records are
retained by Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant
to this Subsection C.
D. Record Retention. Subrecipient agrees to maintain such records in an accessible location for the
greater of: (i) the time period described in the state Uniform Grant Management Standards, Chapter
III, "State Uniform Administrative Requirements for Grants and Cooperative Agreements", Subpart C—
Post Award Requirements, §_.42; (ii) if notified by the Department in writing, the date that the final
audit is accepted with all audit issues resolved to the Department's satisfaction; (iii) if any litigation
claim, negotiation, inspection, or other action has started before the expiration of the required
retention period records must be retained until completion of the action and resolution of all issues
which arise under it; (iv) a date consistent with any other period required by the performed activity
reflected in federal or state law or regulation. Upon termination of this Contract, all records are
property of the Department.
E. CARES Act Funds. Subrecipient shall track, account for, and report on this CDBG-CV Act funding
separate from other funds. Upon request, Subrecipient shall report to the Department to extent these
funds were used as match for other programs.
SECTION 10. REPORTING REQUIREMENTS
A. General. Subrecipient shall submit to Department such reports on the performance of this
Contract as may be required by Department including, but not limited to, the reports specified in this
Section.
B. Expenditure and Performance Reports. By the fifteenth (15th) day of each month,
Subrecipient shall electronically submit an Expenditure and Performance Report to the Department of
all expenditures of funds and clients served under this Contract during the previous month (including a
partial month), regardless of whether Subrecipient makes a fund request. Subrecipient must file a
monthly Expenditure and Performance Report in a timely manner, prior to accessing funds. The failure
of Subrecipient to provide a full accounting of all funds expended under this Contract shall result in the
automatic suspension of the ability of Subrecipient to request reimbursements and shall be identified
as a finding in any monitoring review.
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C. Final Reports. Subrecipient shall submit a final Expenditure and Performance Report to the
Department after the end of the Contract Term. Subrecipient must file a final Expenditure and
Performance Report within forty-five (45) calendar days after the end of the Contract.
D. Inventorv. Subrecipient shall submit to Department no later than forty five (45) calendar days
after the end of the Contract Term an inventory of all vehicles, and equipment (as defined federally
and by UGMS) with a unit acquisition cost of $5,000.00 or more and/or a useful life of more than one
year, if purchased in whole or in part with funds received under this Contract. The inventory shall
reflect the equipment on hand as of the last day of the Contract Term Upon the termination of this
Contract, Department may transfer title to any equipment to the Department or to any other entity
receiving federal funds from the Department.
E. Default. If Subrecipient fails to submit within forty-five (45) calendar days of its due date, any
report or response required by this Contract, including responses to monitoring reports, Department
may, in its sole discretion, suspend payments, place Subrecipient on cost reimbursement method of
payment, and initiate proceedings to terminate the Contract.
F. Entitv Identifier Number. Subrecipient shall provide the Department with a Data Universal
Numbering System ("DUNS") number to be used as the Unique Entity Identifier Number on all
contracts and agreements. The DUNS number must be provided in a document from Dun and
Bradstreet must be submitted from a document retrieved from the https://www.sam.gov website.
These documents must be provided to the Department prior to the processing first payment to
Subrecipient. Subrecipient shall maintain a current DUNS number for the entire Contract Term.
G. Rental Assistance. During the Contract Term, reimbursements from rental arrears or rental
assistance payments must be reported to the Department in the next monthly Expenditure and
Performance Report and spent on qualifying rental arrears or rental assistance payments.
SECTION 11. CHANGES AND AMENDMENTS
A. Amendments and Required Chan�es bv law. Any change, addition, or deletion to the terms of this
Contract required by a change in state or federal law or regulation is automatically incorporated herein
and is effective on the date designated by such law or regulations without the requirement of a
written amendment hereto. Said changes, additions, or deletions referenced under this Section 11 of
this Contract may be further evidenced in a written amendment.
B. General. Except as specifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms of this Contract not required by a change in state or federal law or regulation
shall be amended in writing and executed by both Parties to this Contract.
C. Electronic Si�natures. If any Party returns an executed copy by electronic transmission, the signing
party intends the copy of its authorized signature, to be its original signature.
D. Amendment Requests. The Department must receive any Contract amendment requests in writing.
SECTION 12. PROGRAM INCOME
A. General. Subrecipient shall account for and expend program income derived from activities
financed in whole or in part with funds provided under this Contract in accordance with the state
Uniform Grant Management Standards, more specifically Chapter III, "State Uniform Administrative
Requirements For Grants and Cooperative Agreements", Subpart C— Post-Award Requirements--
Financial Administration, §_.25, Program Income, 2 CFR §200.80, and 10 TAC §6.205(c).
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B. Reimbursement. During and after the Contract Term, Subrecipient will return refunds or
reimbursements from rental arrears, rental assistance payments, rental deposits, or utility deposits, or
any other program income to the Department within ten (10) days of receipt. Program income any
subcontractor, or subawardee receives, must also be returned to the Department within ten (10)
calendar days. This requirement must be listed in the Subrecipient's agreement with subcontractor or
subawardee.
SECTION 13. TECHNICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms of this Contract.
Department or its designee may conduct periodic on-site monitoring and evaluation of the efficiency,
economy, and efficacy of Subrecipient's performance of this Contract. Department will advise Subrecipient in
writing of any deficiencies noted during such monitoring. Department will provide technical assistance to
Subrecipient and will require or suggest changes in Subrecipient's program implementation or in
Subrecipient's accounting, personnel, procurement, and management procedures in order to correct any
deficiencies noted. Department may conduct follow-up visits to review and assess the efforts Subrecipient has
made to correct previously noted deficiencies. Department may place Subrecipient on a cost reimbursement
method of payment, suspend or terminate this Contract, or invoke other remedies in the event monitoring or
other reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to
correct any deficiency within the time allowed by federal or state law or regulation or by the terms of this
Contract.
SECTION 14. INDEPENDENT SUBRECIPIENT
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and, to the
extent allowed by law, indemnify it against any disallowed costs or other claims which may be asserted by any
third party in connection with Subrecipient's performance of this Contract.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shall comply with UGMS and 10 TAC §1.404, this Contract, and all applicable federal,
state, and local laws, regulations, and ordinances for making procurement transactions and purchases
under this Contract.
B. Subrecipient may not use funds provided under this Contract to purchase equipment (as defined
federally or by UGMS) with a unit acquisition cost (the net invoice unit price of an item of equipment)
of more than $5,000.00, or on any vehicle purchase unless Subrecipient has received the prior written
approval from the Department for such purchase.
SECTION 16. SUBCONTRACTS
A. Subrecipient, in subcontracting for any performances described in this Contract, expressly
understands that in entering into such subcontracts, TDHCA is in no way liable to the Subrecipient's
subcontractor(s). All subcontracts must be for goods or services and paid out of administrative funds.
Subcontractors must be procured in accordance with 2 CFR Part 200, UGMS, and 10 TAC §1.404.
B. Subrecipient has the responsibility for ensuring that the performances rendered under all subcontracts
are rendered so as to comply with all Contract terms and as if such performances rendered were
rendered by Subrecipient. Department maintains the right to monitor and require Subrecipient's full
compliance with the terms of this Contract.
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SECTION 17. SUBAWARDS
A. Subrecipient may request to the Department to enter into a subaward to a unit of local government,
council of government, public housing authority, or private nonprofit organization for some or all of its
program and administrative funds through a direct (non-competitive) award. The Subrecipient must
fulfil all of the requirement of a pass-through entity listed in 24 CFR §200.332, and must monitor its
subawardee at least once during the Contract Term.
B. Any subaward must contain all the applicable terms and conditions required by federal and state
requirements and as further reflected this Contract including but not limited to items specifically
identified in this Contract, 2 CFR §200.332, and 2 CFR Part 200 Appendix II (as applicable) .
C. Subrecipient must provide the Department with the applicable contact information for all subawards
to ensure that accurate contact information is available relating to both rental assistance and eviction
diversion activities to include in a list of resources for landlords/tenants. Subawardees may not further
subaward funds.
D. Before entering into a contract or other agreement with a subawardee, Subrecipient must: 1) check
the Federal and State debarment and suspended lists of both the Department (all subawardees) and
Texas Department of Agriculture (only if the subawardee is a non-entitlement city or county) for the
entity and for governing board members of subawardees; 2) ensure that the entity (if applicable) is
current on its Single Audit submission to the Federal Audit Clearinghouse; 3) request a disclosure for
matters under 2 CFR §200.113, 2 CFR Part 200 Appendix XII, 24 CFR Part 9, or the Fair Housing Act;
and 4) provide the Department this information on the Department's form by February 15, 2021.
E. The Subrecipient, in subawarding for any performances described in this Contract, expressly
understands that in entering into such subawards, the Department is in no way liable to the
Subrecipient's subawardee(s). Department's approval under this Section 17 does not constitute
adoption, ratification, or acceptance of Subrecipient's or subawardee's performance hereunder.
Department maintains the right to monitor and require Subrecipient's full compliance with the terms
of this Contract. Department's approval under this Section 17 does not waive any right of action which
may exist or which may subsequently accrue to Department under this Contract.
SECTION 18. TRAVEL
Subrecipient shall adhere to 2 CFR Part 200 and either its board-approved travel policy (not to exceed the
amounts established in subchapter I of Chapter 57 of Title 5, United States Code "Travel and Subsistence
Expenses; Mileage Allowances), or the State of Texas travel policies. Subrecipient's written travel policy shall
delineate the rates which Subrecipient shall use in computing the travel and per diem expenses of its board
members and employees.
SECTION 19. LITIGATION AND CLAIMS
Subrecipient shall immediately provide Department with written notice of any claim or action filed with a court
or administrative agency against Subrecipient arising out of the performance of this Contract or any
subcontract hereunder. Subrecipient shall provide Department with copies of any and all relevant papers
Subrecipient receives with respect to such action or claim.
SECTION 20. LEGAL AUTHORITY
A. Le�al Authoritv. Subrecipient assures and guarantees that it possesses the legal authority to
enter into this Contract, to receive and manage the funds authorized by this Contract, and to perform
the services Subrecipient has obligated itself to perform hereunder. The execution, delivery, and
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performance of this Contract will not violate Subrecipient's constitutive documents or any
requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement of
Subrecipient, enforceable in accordance with its terms.
B. Si�nature Authority. The person signing this Contract on behalf of Subrecipient hereby warrants
that he/she has been duly authorized by Subrecipient's governing body to execute this Contract on
behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and
performances herein.
C. Termination; Liabilitv. Department shall have the right to terminate this Contract if there is a dispute
as to the legal authority of either Subrecipient or the person signing this Contract on behalf of
Subrecipient to enter into this Contract or to render performances hereunder. Subrecipient is liable to
Department for any money it has received from Department for performance of the provisions of this
Contract, if the Department has terminated this Contract for reasons enumerated in this Section 20.
D. Merger: Default. Subrecipient understands that it is an event of default under this Contract if
the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good
standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient's
ability to perform under the terms of this Contract.
SECTION 21. COMPLIANCE WITH LAWS
A. Federal. State and Local law. Subrecipient shall comply with the CARES Act, the Housing and
Community Development Act of 1974, the CDBG and CDBG-CV federal rules and regulations the
certifications attached hereto, and all federal, state, and local laws and regulations applicable to the
performance of this Contract. Subrecipient shall not violate any federal, state, or local laws, stated
herein or otherwise, nor commit any illegal activity in the performance of or associated with the
performance of this Contract. No funds under this Contract shall be used for any illegal activity or
activity that violates any federal, state, or local laws.
B. Dru�-Free Workplace Act of 1988. The Subrecipient affirms by signing this Contract and Addendum B
that it is implementing the Drug-Free Workplace Act of 1988 (41 USC §701, et seq).
C. Limited En�lish Proficiencv (LEP). Subrecipient must ensure equal access to services by non-English
speaking residents. Subrecipient must provide program applications, forms, and educational materials
in English, Spanish, and any appropriate language, based on the needs of the service area and in
compliance with the requirements in Executive Order 13166 of August 11, 2000 reprinted at 65 F.R
50121, August 16, 2000 Improving Access to Services with LEP at 67 F.R. 41455. To ensure compliance,
the Subrecipient must take reasonable steps to insure that persons with LEP have meaningful access to
the program. Meaningful access may entail providing language assistance services, including oral and
written translation, where necessary.
D. Information Security and Privacv Requirements.
1. General. Subrecipient shall comply with the information security and privacy requirements
under 10 TAC §1.24 to ensure the security and privacy of Protected Information (as said term is
defined under 10 TAC §1.24).
2. Information Securitv and Privacy A�reement ("ISPA"). Prior to beginning any work under this
Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required by 10 TAC
§1.24, on file with the Department, or (ii) will execute and submit to the Department an ISPA in
accordance with instructions found on the Department's website at the "Information Security and
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Privacy Agreement" link. The requirements of the ISPA must be incorporated into an agreement
with any subcontractor or subawardee, as applicable.
E. Prevention of Traffickin�. Subrecipient and its contractors must comply with Section 106(g) of the
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or its
contractor or subcontractor engages in, or uses labor recruiters, brokers or other agents who engage
in any of the prohibited activities under Section 106(g) of the Trafficking Victims Protection Act of
2000, Department may terminate this Contract and Subrecipient hereby agrees and acknowledges that
upon termination, Subrecipient's rights to any funds shall be terminated.
F. Section 3. If Subrecipient's project contains covered activities not paid for CDBG-CV funds,
Subrecipient agrees to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3 of
the Housing and Urban Development Act of 1968, as amended. As evidenced by their execution of this
Contract, the parties certify that they are under no contractual or other impediment that would
prevent them from complying with 24 CFR Part 75.
G. Lead-based Paint. Emergency Rental Assistance under TERAP or TEDP for current rental payments
covering an excess of 100 days, is subject to the Lead Safe Housing Rule ("LSHR") requirements and
Subrecipient must follow the requirements of 24 CFR Part 35 Subpart K, whether occupied by a child
less than six years or not. Subpart K requires that almost all dwelling units built prior to January 1,
1978 that receive Federal assistance undergo a visual assessment for deteriorated paint (inside,
outside and all common areas) by a trained grantee or subrecipient. The results of the visual
assessment must be documented. Should deteriorated paint be identified, Subrecipient must follow
the compliance steps to properly address the deteriorated painted surfaces, detailed in Subpart K. A
list of exemptions to the LSHR, steps to comply with Subpart K, and associated resources can be
reviewed here: https://portalapps.hud.�ov/CORVID/HUDLBPAdvisor/welcome.html.
SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS
The Department has performed a state-wide environmental review under 24 CFR §58.35(b)(2) for this
emergency rental assistance activity. Subrecipient will not have to perform individual environmental reviews.
SECTION 23. CITIZEN PARTICIPATION REQUIREMENTS and COMPLAINTS
A. Citizen Participation. In accordance with Section 2105.058 of the Texas Government Code,
Subrecipient must conduct a public meeting at least annually to seek public comment on the needs or
uses of CDBG-CV funds.
B. Complaints. Subrecipient must provide residents the address, phone number, email (if applicable) and
times for submitting complaints and grievances, and provide timely written answers to complaints and
grievances, within fifteen (15) working days where practicable.
C. Subaward A�reements. Subrecipient must incorporate the provisions of this Section 23 into its
agreement with any subawardee that receives more than $5,000 in CDBG-CV funding and of this
Section 23B with any subawardee.
SECTION 24. PREVENTION OF WASTE, FRAUD, ABUSE, and DUPLICATION OF BENEFITS
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and
correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures
shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors,
subcontractors and administering agencies. Subrecipient's internal controls systems and all
transactions and other significant events are to be clearly documented, and the documentation is to
be readily available for monitoring by Department.
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B. Subrecipient shall establish and maintain adequate procedures to prevent any duplication of benefits
as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 201$ (division D of
Public Law 115-254; 132 Stat. 3442).
C. Subrecipient shall give Department complete access to all of its records, employees, and agents for the
purpose of monitoring or investigating the CDBG-CV program. Subrecipient shall immediately notify
Department of any discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste, fraud, and abuse.
D. Subrecipient shall not discriminate against any employee or other person who reports a violation of
the terms of this Contract, or of any law or regulation, to Department or to any appropriate law
enforcement authority, if the report is made in good faith.
E. Subrecipient is prohibited from selling, trading, or otherwise transferring all or any such portion of
such funds to another such entity in exchange for any other funds, credits or non-Federal
considerations, and must use such funds only for eligible activities, in this case, emergency rental
assistance.
F. Subaward. Subrecipient must incorporate the provisions of this Section 24 into its agreement with any
subawardee.
SECTION 25. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby
certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will not
knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the
time of employment, is not lawfully admitted for permanent residence to the United States or authorized
under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient
or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f),
Subrecipient shall repay the public subsidy with interest, at the rate of five percent (5%) per annum, not later
than the 120th day after the date the Department notifies Subrecipient of the violation.
SECTION 26. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. Failure to maintain written standards of
conduct and to follow and enforce the written standards is a condition of default under this Contract.
In addition, the written standards must meet the requirements in 2 CFR §200.318.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of interest would
be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or
her immediate family, his or her partner, or an organization which employs or is about to employ any
of the Parties indicated herein, has a financial or other interest in the firm selected for an award. This
also applies to the procurement of goods and services under 24 CFR §§200.317 and 200.3186.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to sub-agreements. Subrecipient
may set standards for situations in which the financial interest is not substantial or the gift is an
unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be
applied for violations of such standards by officers, employees, or agents of the Subrecipient
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D. Failure to maintain written standards of conduct and to follow and enforce the written standards is a
condition of default under this Contract and may result in termination of the Contract or deobligation
of funds.
E. Subrecipient must incorporate the provisions of this Section 26 with any subcontractor or subawardee.
SECTION 27. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to
prevent any state official or employee from furnishing to any member of its governing body upon
request, or to any other local or state official or employee or to any citizen, information in the hands of
the employee or official not considered under law to be confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any
other way fund or support candidates for the legislative, executive, or judicial branches of
government, the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award governed by the Byrd Anti-Lobbying
Amendment (31 U.S.C. §1352) as the Subrecipient and each of its tiers have certified by their
execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements" attached hereto as Addendum A and incorporated herein for all relevant purposes.
SECTION 28. NON-DISCRIMINATION, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. Non-Discrimination. A person shall not be excluded from participation in, be denied the benefits of, be
subjected to discrimination under, or be denied employment in the administration of or in connection
with any program or activity funded in whole or in part with funds made available under this Contract,
on the grounds of race, color, religion, sex, national origin, age, familial status, disability, or political
affiliation or belief.
B. Equal Opportunity. Subrecipient agrees to carry out an Equal Employment Opportunity Program in
keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965,
as amended, and its implementing regulations at 41 CFR Part 60 .
C. Affirmatively Further Fair Housin�. Subrecipient must affirmatively further fair housing to include but
is not limited to marketing the program to those least likely to apply.
D. Accessibility. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of
1973 (5 U.S.C. §794) Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§12131-12189; 47
U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department of Justice at 28 CFR Parts 35 and
36. Subrecipient shall follow the Department's accessibility rules in 10 TAC Chapter 1, Subchapter B.
Subrecipient shall operate each program or activity receiving financial assistance so that the program
or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities.
Subrecipient is also required to provide reasonable accommodations for persons with disabilities.
SECTION 29. MAINTENANCE OF EFFORT
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Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any
other source or in any way serve to reduce the funds or resources which would have been available to or
provided through Subrecipient had this Contract never been executed.
SECTION 30. PREVIOUS PARTICIPATION REVIEW DEBARRED AND SUSPENDED PARTIES
A. All entities will be subject to a Previous Participation Review by the Department, as outlined in 10 TAC
§1.302. Pursuant to 24 CFR Part 5, all CDBG-CV applicants are required to verify that they and their
principals, or any/all persons, contractors, consultants, businesses, subawardees, etc., that will be
conducting business with the applicant as part of the rental assistance activity are not presently
debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from
participation in the covered transaction or in any proposal submitted in connection with the covered
transaction.
B. The Department will not award any CDBG-CV funds to organizations that are debarred, suspended,
proposed for debarment, and declared ineligible or voluntarily excluded from participation from
federal or state assisted programs, or that are proposing to partner, contract, or otherwise fund rental
assistance activities through an organization that is debarred, suspended, proposed for debarment, or
otherwise ineligible from participation in federally assisted programs. If an organization has a member
of its governing body that has this status, the Department will allow the member to resign so that the
organization can enter into a Contract with the Department.
C. By signing this Contract, Subrecipient certifies that its principal employees, board members, agents, or
contractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any federal department or agency as provided in the Certification Regarding
Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C and
incorporated herein for all relevant purposes. The terms "covered transaction", "debarred",
"suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered
transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification attached
as Addendum C, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549.
D. Subrecipient also certifies that it will not knowingly award any funds provided by this Contract to any
person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4 or that is debarred,
suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement with a
potential subcontractor that the verification process to comply with this requirement will be
accomplished by checking the System for Award Management ("SAM") at www.sam.gov and including
a copy of the results in its project files. After said verification, Subrecipient may decide the frequency
by which it determines the eligibility of its subcontractors during the term of subcontractor's
agreement. Subrecipient may subsequently rely upon a certification of a prospective subcontractor
that is not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless Subrecipient knows that the certification
is erroneous.
E. Failure of Subrecipient to furnish the certification attached hereto as Addendum C or an explanation of
why it cannot provide said certification shall disqualify Subrecipient from participation under this
Contract. The certification or explanation will be considered in connection with the Department's
determination whether to continue with this Contract. Subrecipient shall provide immediate written
notice to Department if at any time Subrecipient learns that the certification was erroneous when
submitted or has become erroneous by reason of changed circumstances. Subrecipient further agrees
by executing this Contract that it will include the certification provision titled "Certification Regarding
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Debarment, Suspension, Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum C,
without modification, and this language under this Section 30, in all its subcontracts.
SECTION 31. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for explicitly religious activities, such as worship, religious
instruction, or proselytization, as part of the programs or services funded with direct financial assistance from
the Department. If an organization conducts such activities, the activities must be offered separately, in time
or location, from the programs or services funded with direct financial assistance from the Department, and
participation must be voluntary for beneficiaries of the programs or services funded with such assistance
Subrecipient shall comply with the regulations in 24 CFR §5.109 .
SECTION 32. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended
under this Contract. If copyrighted materials are developed in the under this Contract, the Department and
HUD shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use,
and to authorize others to use, the copyrighted work for government purposes.
SECTION 33. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or
remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other
right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not
constitute a waiver of Department's right to exercise that or any other right or remedy at a later time.
SECTION 34. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or an administrative
tribunal of competent jurisdiction, the remainder shall remain valid and binding.
SECTION 35. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this Contract relating to the subject matter of
this Contract have been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute
promised performances under this Contract:
1. Addendum A- Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements
2. Addendum B- Certification Regarding Drug-Free Workplace Requirements
3. Addendum C- Certification Regarding Debarment, Suspension and Other Responsibility Matters
4. Exhibit A- Contract Benchmarks
S. Exhibit B— Performance Statement and Benchmarks
6. Exhibit C --Budget
SECTION 36. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's
employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic
beverages, or for the purchase of alcoholic beverages.
SECTION 37. FORCE MAJURE
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If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to
perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of
nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots,
civil disorders, rebellion or sabotage; and (iv) quarantines, disease pandemics, embargoes and other
similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event,
and such occurrence could not have been circumvented by reasonable precautions and could not have
been prevented or circumvented through the use of commercially reasonable alternative sources,
workaround plans or other means.
SECTION 38. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to
encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental
Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Texas
Government Code), to assist in the fair and expeditious resolution of internal and external disputes involving
the Department and the use of negotiated rulemaking procedures for the adoption of Department rules. As
described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as
prohibited by Department's ex parte communications policy, Department encourages informal
communications between Department staff and the Subrecipient, to exchange information and informally
resolve disputes. Department also has administrative appeals processes to fairly and expeditiously resolve
disputes. If at any time the Subrecipient would like to engage Department in an ADR procedure, the
Subrecipient may send a proposal to Department's Dispute Resolution Coordinator. For additional information
on Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemaking at
10 TAC §1.17.
SECTION 39. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and
conditions of this Contract.
SECTION 40. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but all
of which together shall constitute one and the same instrument. Signed signature pages may be transmitted
by facsimile or other electronic transmission, and any such signature shall have the same legal effect as an
original.
SECTION 41. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and
singular words shall include the plural.
SECTION 42. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following ("Notice
Address"):
As to Department:
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Mariana Salazar, Director of CDBG CARES
Telephone: (512) 655-9616
mariana.salazar@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Attention: Fernando Costa, Assistant City Manager
Telephone: 817-392-6122 Email: Fernando.Costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by
overnight service, or five (5) days after mailing by certified or registered mail, postage prepaid, return
receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A
of this Section 42.
C. Subrecipient shall provide contact information to the Department in accordance with 10 TAC §6.6.
SECTION 43. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation
pursuant to this Contract, venue shall lie in Travis County, Texas.
SECTION 44. DENIAL OF SERVICE APPEALS PROCESS FOR HOUSEHOLDS
A. Subrecipient must establish a written denial of service complaint procedure to address written
complaints (or an oral complaint if a person with a disability requests a reasonable accommodation
based on their disability) from a Household or landlord. This appeal procedure is not applicable to a
Household if the landlord declines to participate in the program.
B. If a Household's denial is solely based on income eligibility, this complaint procedure would not apply,
but the Household may request a recertification of income eligibility based on initial documentation
provided at the time of the original application. The recertification will be an analysis of the initial
calculation based on the documentation received with the initial application for services and must be
performed by an individual other than the person who performed the initial determination. If the
recertification upholds the Household's income as ineligible, the Household must be notified in
writing.
C. If the Household is not satisfied with the Subrecipient's decision under the service complaint
procedure, the Household may appeal the decision in writing (or telephonically if a person with a
disability requests a reasonable accommodation based on their disability) to the Department within
ten (10) calendar days of notification of an adverse decision.
D. Households who allege that the Subrecipient has denied all or part of a service or benefit in a manner
that is unjust, violates discrimination laws, or without reasonable basis in law or fact, may request a
contested hearing under Tex. Gov't Code, Chapter 2001. The hearing shall be conducted by the State
Office of Administrative Hearings on behalf of the Department in the locality served by the
Subrecipient, for which the procedures are further described in 10 TAC §1.13 (relating to Contested
Case Hearing Procedures). If the Household appeals to the Department, Subrecipient's CDBG-CV funds
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that could be pledged to that Household should remain unencumbered until the Department
completes the appeal process.
SECTION 45. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written
consent and agreement of Department, which consent may be withheld in Department's sole discretion.
SECTION 46. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state
law, the Department may not enter into this Contract with an "abortion provider" or an "affiliate" of
an abortion provider, as said terms are defined thereunder, if funds under this Contract are
appropriated from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any
funds under this Contract from state or local tax revenue, it is eligible to receive said funds, and that it
will not utilize said funds in any way contrary to this Section 46 during the Contract Term.
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EXECUTED to be effective on January 15, 2021.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
By: f��a ���
Name: Fernando 655F7666E52A454...
Title: Assistant City Manager
1/19/2021 � 5:06:01 PM CST
Date:
�7�7_1:���il�►��
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
DocuSigned by:
By: B�l.,q,�ia�n.�, �a�,av�ar
Name: Marian� CC85F5E2=3064DD.
Title: Its dulv authorized officer or representative
Date: 1/19/2021 � 5:37:21 PM CST
Approved:
Barbara Asbury, Compliance & Planning Manager
Neighborhood Services Department
Approved as to form and legality:
Taylor Paris, Assistant City Attorney
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact on which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Page 22 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
By: f��a ���
Name: Fernan 655F7668E52A454.
Title: Assistant City Manager
Date:
1/19/2021 � 5:06:01 PM CST
Page 23 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F. Sections
76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a Federal agency may designate a central receipt point for STATE-WIDE AND
STATE AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the Department of Health and Human Services,
the central point is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and
Human Services, Room 517-D, 2001ndependence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such conviction;
(e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;
or
Page 24 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant]
(include street address, city, county, state, zip code):
1. 200 Texas Street Fort Worth, TX 76102, Tarrant Cou
2.
3.
4.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites
where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State employees in each local
unemployment office, performers in concert halls or radio studios). If Subrecipient does not identify the
workplaces at the time of application, or upon award, if there is no application, the Subrecipient must keep
the identity of the workplace(s) on file in its office and make the information available for Federal
inspection. Failure to identify all known workplaces constitutes a violation of the Subrecipient's drug-free
workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, Department, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace
Act.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
By: f��a ���
Name: Fernan__ essF�esaF�2nasa_.
Title: Assistant City Manager
1/19/2021 � 5:06:01 PM CST
Date:
Page 25 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
CONTRACT NO. 70200001017
ADDENDUM C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in section (b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(e) Will submit to the Department information about each proceeding that occurs during this Contract
Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary
fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability
and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement,
restitution, or damage in excess of $100,000; or
iv. Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3) items (i) —(iii) of
this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
Page 26 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
3. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
(4) For purposes of section (e) of this certification the following definitions apply:
i. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature in
order to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include audits, site visits, corrective plans, or inspection of deliverables.
ii. A"conviction", for purposes of this award term and condition, means a judgment or conviction
of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict
or a plea, and includes a conviction entered upon a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such
Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Subcontracts/Lower Tier
Covered Transaction," without modification, in all subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITYAND VOLUNTARY EXCLUSION
— SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
(SignatureJ
Printed Name:
Title:
Date:
�
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification, in
addition to any other remedies available to the Federal Government, the Department may terminate this
Contract for cause or default.
Page 27 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
gy: f��a ���
Name: Ferna 855F7666E52A454...
Title: Assistant City Manager
Date: 1/19/2021 � 5:06:01 PM CST
Page 28 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
CONTRACT NO. 70200001017
EXHIBIT A
CONTRACT BENCHMARKS
City of Fort Worth,
a political subdivision of the of State of Texas
CONTRACT BENCHMARKS1 AS REFLECTED THROUGH THE MONTHLY EXPENDITURE AND PEFORMANCE
REPORT:
1. All subawardee information provided to the Department by February 15, 2021.
2. Contract 20% expended, as provided in the Budget, by fourth month reporting.
3. Contract 40% expended, as provided in the Budget, by sixth month reporting.
4. Contract funds 100% obligated, by July 31, 2021.
5. Contract 70% expended, as provided in the Budget, by ninth month reporting.
6. Contract 100% expended, as provided in the Budget, by thirteen month reporting.
' The Department may recapture the unexpended funding up to the expenditure benchmark funding, as further
detailed in Section 4 D. of this Contract. The Department may recapture all or a portion of funding not obligated
by the Contract benchmark.
Page 29 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
CONTRACT NO. 70200001017
EXHIBIT B
PERFORMANCE STATEMENT AND BENCHMARKS
City of Fort Worth,
a political subdivision of the State of Texas
CONTRACT TERM: 01/15/2021— 01/14/2022
SERVICE AREA: CITY OF FORT WORTH, TX
ACTIVITIES DESCRIPTION:
A. Estimated number of Households to be assisted: 200
B. Activities:
1. To provide emergency rental assistance to low- to moderate- income tenants impacted by the Coronavirus
pandemic, to help them stay housed during the pandemic.
2. To assist eligible tenants with emergency rental assistance made directly to the landlord or
property owner, on behalf of the eligible tenant.
3. To provide up to six months of rental assistance with at least one month's worth of current
or future rent and not to exceed five months of rent in arrears.
4. To provide up to six months of rental assistance with at least one month's worth of current
or future rent and not to exceed five months of rent in arrears to Households who have
been sued for eviction (forcible detainer).
C. Reportin�: By the 15th of each month, Subrecipient shall report:
Aggregate-level data to be reported via the Housing Contract System:
1. Summary data for Households served by race, ethnicity, and household income level, and
other demographic data as required by HUD.
2. Number of Households that received emergency rental assistance.
3. Number of Households that received emergency rental assistance through the Eviction
Diversion program.
4. Total number of Households served.
S. Number of pending Households to receive assistance in the following thirty (30) days.
Page 30 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
For Texas Eviction Diversion Program:
1. Number of eligible tenants referred to the program for the previous month's activity.
2. Number of ineligible tenants referred to the program for the previous month's activity.
3. Number of eligible landlords referred to the program for the previous month's activity.
4. Number of ineligible landlords referred to the program for the previous month's activity.
5. Number of referred tenants withdrawing from the program.
6. Number of referred landlords withdrawing from the program.
Subrecipient must also report household-level data, including demographic data, as described on TDHCA's
Excel Monthly Performance Report spreadsheet.
Page 31 of 32
DocuSign Envelope ID: C6B775ED-5659-4ABB-B23E-399CDAB36814
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Coronavirus Aid, Relief, and Economic Security Act ("CDBG CARES" or "CDBG-CV")
Texas Emergency Rental Assistance Program ("TERAP") and
Texas Eviction Diversion Program ("TEDP")
CONTRACT NO. 70200001017
EXHIBIT C
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
LINE CATEGORIES CDBG-CV TOTAL
CONTRACT
OSQ Emergency Payments
Rental Assistancez $1,472,391.82 $1,472,391.82
Eviction Diversion $184,048.98 $184,048.98
21A General Administration3 $184,048.98 $184,048.98
TOTAL $1,840,489.78 $1,840,489.78
2 Rental Assistance may also be used for Eviction Diversion without prior Department approval, but must be
reported as Eviction Diversion in the Monthly Reporting.
3 After reaching 40% of expenditure reporting of its General Administration funding under this Contract,
Subrecipient will not be reimbursed for General Administration funding that is greater than 20% of its reported
expenditure of Emergency Payments.
Page 32 of 32
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT APPLICATION
REV. 01/06/21
A. ADMINISTRATOR/SUBRECIPIENT INFORMATION
1. Administrator Name :
6. APPLICANT INFORMATION
i. Applicant Name:
2. Street Address:
s. City/State/Zip Code: a. County:
s. Email Address: 6. Home Phone: ( ) -
�. Cell Phone: ( ) -
s. Landlord's Name:
Landlord's Contact Information (Email and/or Phone Number):
9. Do you live in a public housing unit operated by a Housing Authority or receive a Section 8 voucher?
❑No ❑Yes
If the answer is yes, your unit is not eligible for assistance and you can stop filling out the rest of the application.
FOR TEXAS EVICTION DIVERSION PROGRAM CASES ONLY
io. Court Docket #: Justice of the Peace (J.P.) Precinct # in County
C. UNIT AND CONTRACT RENT INFORMATION
i. Period of Lease: to
i. Date of Unit Occupancy (Lease Start Date):
3. Unit Size - Number of bedrooms in the Unit:
a. Unit Contract Rent: $
The unit contract rent is your monthly rent payment and should match what is reflected in your lease.
If you need assistance in determining the correct amount to enter in #5 & 6, please ask the assistance provider.
s.120% SAFMR or FMR: $
Determine the applicable 120% of Small Area Fair Market Rent (SAFMR) or Fair Market Rent (FMR) for your
current unit size and county or zip code HERE.
6.150% SAFMR or FMR: $
If the contract rent is higher than 150°0 of the SAFMR or FMR, your unit is not eligible for assistance and you
can stop filling out the rest of the application.
Page 1 of 6
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT APPLICATION
REV. 01/06/21
D. NEEDS ASSESSMENT
1. Amount Owed to Landlord
a. Total amount of rent currently owed to your landlord: $
Include current month's rent and any arrears owed; do not include late fees.
b. List the prior months for which rent is owed:
Include both month and year. For example: 10/2020, 11/2020 and 12/2020.
c. List the current and future months for which you are seeking rental assistance:
Note that the months of prior, current and future assistance cannot exceed 6 months.
2. Maximum Assistance Allowed
If you need assistance in determining the correct number to enter here, please ask the assistance provider for help.
The maximum assistance this program allows is up to 120% of the SAFMR or FMR.
a. Is your unit contract rent more than 120% (the number in C5 above) and less than 150% (the
number in C6 above) of SAFMR or FMR?
❑No ❑Yes
� If no, you can skip the rest of this question.
b. If yes, calculate:
Contract Rent (item C4) minus (-) 120% of SAFMR or FMR (item C5) _$
This amount is the portion of monthly rent over 120% of SAFMR or FMR and must be paid to
or forgiven by the Landlord for all months of assistance prior to this program making an
assistance payment to the Landlord.
c. Who will be paying for this amount?
❑ Tenant ❑ Landlord ❑ Subrecipient ❑ Other (please specify):
s. Housing Assistance Received
a. Have you received any rental assistance from other sources (for example, city, county, church or
other organization) for the months that you are seeking rental assistance? ❑ No ❑ Yes
� If no, skip the rest of this question.
b. If, yes, what is the total amount of rental assistance already received?
• Month(s) the rental assistance covered:
• What was the source of assistance (for example, name of assistance program)?
a. Unmet Need
What is your total unmet need?
Calculate the total amount of rent currently owed to your landlord (item D1a) minus (-)
total amount of rental assistance already received (item D3b).
Note: If your rent is above 120°o and less than 150% of SAFMR or FMR, the program will pay the total number of months for which
you are seeking assistance multiplied by 120°0 of SAFMR or FMR (item C5J minus (-) the amount of assistance already received.
Page 2 of 6
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT APPLICATION
REV. 01/06/21
F. DEMOGRAPHIC INFORMATION: The Texas Department of Housing and Community Affairs (TDHCA)
requests this information for reporting requirements. Although TDHCA would appreciate receiving this
information, you may choose not to provide it. You may not be discriminated against on the basis of this
information, or on whether or not you choose to provide it.
If you do not wish to provide this information, please check this box: ❑
Ethnicitv Codes:
H— Hispanic: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture
or origin, regardless of race. Terms such as "Latino" or "Spanish Origin" apply to this category.
NH — Not Hispanic
Choose all applicable Race Code(s): A�e Codes: Disability Status:
1. American Indian or Alaska Native A. 0-17 years A person with a disability has a physical or
2. Asian B. 18 — 24 years mental impairment which substantially
3. Black or African American C. 25 — 61 years limits one or more major life activities; a
4. Native Hawaiian or Other Pacific D. 62 years + record of such an impairment; or is
Islander regarded as having such an impairment.
5. White The definition of disability does not
include current, illegal use of or addiction
to a controlled substance.
Member Ethnicity Code Race Code Age Code Check if Person has Disability
Example H 2, 3 C �
1 (Head) ❑
2 ❑
3 ❑
4 ❑
5 ❑
6 ❑
7 ❑
g o
9 ❑
10 ❑
11 0
Page 3 of 6
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT APPLICATION
REV. 01/06/21
E. HOUSEHOLD COMPOSITION INFORMATION
(List all members of the household)
Full Name
(exactly as it appears on Relationship
driver's license or other to Head of Household
identification document)
i�
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
a. Is any household meml
b. Is any household meml
Head of Household
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
❑ Spouse ❑ Co-Head
❑ Dependent ❑ Other Adult
�er listed above a foster ch
�er listed above a live-in at
Date of
Birth
ild?
:endant?
Gender
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑ M
❑F
❑No
❑No
Student Status
❑ Full Time
❑ Part Time ❑ N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑ FT ❑ PT ❑N/A
❑Yes, who?
❑Yes, who?
Receives
Income?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
Checkif
Veteran
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
G. CATEGORICAL ELIGIBILITY
Is the household made up of 6 or fewer members AND receiving benefits under SSI (for the head or co-head
of household), LIHEAP, or SNAP?
❑ Yes If yes, attach source support documentation and skip Section H. ❑ No
Page 4 of 6
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT APPLICATION
REV. 01/06/21
H. CURRENT EMPLOYMENT INFORMATION
Add an additional sheet if you need space to list the income of additional household members.
1. Household Member Name: Occupation: Work Phone: ( ) -
Employer Name and Address: City: State: Zip Code:
Date Hired: Salary: Pay Period: ❑Hourly ❑Weekly ❑Bi-weekly (26) Hours worked
per week: Employer Email:
$ ❑ Semi-monthly (24) ❑Monthly ❑Annually ❑Other
2. Household Member Name: Occupation: Work Phone: ( ) -
Employer Name and Address: City: State: Zip Code:
Date Hired: Salary: Pay Period: ❑Hourly ❑Weekly ❑Bi-weekly (26) Hours worked
Employer Email:
per week:
$ ❑ Semi-monthly (24) ❑Monthly ❑Annually ❑Other
3. Household Member Name: Occupation: Work Phone: ( ) -
Employer Name and Address: City: State: Zip Code:
Date Hired: Salary: Pay Period: ❑Hourly ❑Weekly ❑Bi-weekly (26) Hours worked
Employer Email:
per week:
$ ❑ Semi-monthly (24) ❑Monthly ❑Annually ❑Other
4. Household Member Name: Occupation:
Work Phone: ( ) -
Employer Name and Address: City: State: Zip Code:
Date Hired: Salary: Pay Period: ❑Hourly ❑Weekly ❑Bi-weekly (26) Hours worked
per week:
Employer Email:
$ ❑ Semi-monthly (24) ❑Monthly ❑Annually ❑Other
Page 5 of 6
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT APPLICATION
REV. 01/06/21
H. CURRENT EMPLOYMENT INFORMATION
Add an additional sheet if you need space to list the income of additional household members.
5. Household Member Name: Occupation: Work Phone: ( ) -
Employer Name and Address: City: State: Zip Code:
Date Hired: Salary: Pay Period: ❑Hourly ❑Weekly ❑Bi-weekly (26) Hours worked
per week: Employer Email:
$ ❑ Semi-monthly (24) ❑Monthly ❑Annually ❑Other
6. Household Member Name: Occupation: Work Phone: ( ) -
Employer Name and Address: City: State: Zip Code:
Date Hired: Salary: Pay Period: ❑Hourly ❑Weekly ❑Bi-weekly (26) Hours worked
Employer Email:
per week:
$ ❑ Semi-monthly (24) ❑Monthly ❑Annually ❑Other
L. RELEASE AND SIGNATURES
Each of the undersigned Applicants for the Texas Emergency Rental Assistance Program (TERAP) hereby certifies that all of the
information provided in the above Application is true and correct, and does hereby authorize the release and/or verification of
employment, tenancy, and income information.
Applicant's Printed Name Signature Date
Co-Applicant's Printed Name Signature Date
Warning: Title 18, Section 1001 of the U.S. Code makes it a criminal offense to make willful false statements or
misrepresentations to any Department or Agency in the United States as to any matter within its jurisdiction.
Reasonable accommodations to complete the application will be made for persons with disabilities and language assistance will be
made available for persons with limited English proficiency.
s�+�
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
i��� �`� Street Address: 221 East 11th Street, Austin, TX 78701 � Mailing Address: PO Box 13941, Austin, TX 78711 �
x, .�:�,;�;i
���� Main Number: 512-475-3800 Toll Free: 1-800-525-0657 oPP�R��r�i�
Email: info@tdhca.state.tx.us Web: www.tdhca.state.tx.us
Page 6 of 6
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
LANDLORD FORM AND CERTIFICATION
REv. 01/06/2021
A. Administrator:
6. Tenant Information
1. Name(s) on Lease or Proof of Tenancy documentation:
2. Contact information for Tenant (Phone and/or email):
C. Unit Information
1. Unit Address:
2. Number of Bedrooms:
3. Year of Construction*:
* Note that if the unit was constructed prior to 1978, the unit may be subject to inspection requirements.
4. Unit Monthly Contract Rent:
5. Period of Lease: to
6. Was the unit's rent income restricted by HUD, USDA or TDHCA?: ❑ Yes ❑ No
6.a - If YJ was an income certification performed on or afterAprill, 2020, and within the last 12 months? ❑ Yes** ❑ No
** If yes, attach the Household Income Certification.
7. List of Past Due Months of Rent Being Requested: (e.g., Sept., Oct., Dec.):
8. List of Consecutive Forward Months of Assistance Being Requested: (e.g., Jan., Feb., Mar.):
9. Total Amount of Rental Assistance Being Requested:
D. Landlord Information
1. Owner Name:
2. Landlord Name (if different from Owner):
3. Landlord Contact Name:
4. Landlord Agent's Name (if different from Owner or Landlord Contact):
5. Landlord/Agent's email:
6. Landlord/Agent Address: 7. Landlord/Agent Phone:
E. Applicable to Eviction Diversion cases ONLY:
Court Case #(Docket #): Justice of the Peace (J.P.) Precinct # in County
By signing below, Landlord certifies:
1. The Tenant named above is one of the Tenants that has occupied the Unit identified above and for which
assistance is being requested.
2. Landlord understands that this program requires participation from both the Landlord and a Tenant and if none
of the Tenants of the Unit elect to do so, no assistance will be provided.
3. Landlord is not requesting assistance for any month of assistance prior to April 2020.
4. Landlord must accept payment from Administrator via direct deposit, to an insured account at a financial
institution within the United States, unless otherwise agreed to by Administrator.
5. That the Unit listed above is not receiving any other form of government assistance for the same months of rent
for which this assistance is requested, including tenant-based voucher assistance and project-based assistance,
and the Unit is not public housing.
Page 1 of 3
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
LANDLORD FORM AND CERTIFICATION
REv. 01/06/2021
6. That the Property is not owned by a Unit of Local Government or public agency, including but not limited to a
City, County, State, Public Housing Authority, Council of Governments Housing Finance Agency, or Local Mental
Health Authority or that if it is owned by such entity the name of such entity is noted here: .
7. Landlord will not seek to obtain other assistance for the same Unit listed above and for the same months of rent
or rental arrears covered by this assistance, that to the extent any such assistance is received, a repayment of this
assistance will be repaid to the Administrator within 10 calendar days.
8. Landlord has not previously received, nor (provided Landlord actually receives rental assistance under this
program) will apply to receive, rental assistance funded with Community Development Block Grant (CDBG)
Coronavirus Relief Act funds that are for the same period, that, including this assistance, will exceed 6 months in
total for this Unit occupied by this Tenant or for any other Unit for this Tenant.
9. That Landlord has attached a copy of the Tenant's lease to this form, or that if there is no written lease, the
information provided above regarding the terms of the lease with the Tenant named above and rent amount are
true and accurate, and that I have attached proof of Unit ownership or ability to sublease, and payment from or
benefiting Tenant dated on or after February 1, 2020.
10. That if the written lease or oral agreement is expired or will expire during period covered by this assistance,
Landlord will enter into a new written lease or extend the current lease with Tenant for a monthly payment
amount no greater than the monthly amount for the expired or expiring lease or agreement, for a time period at
least equal to the period covered by the rent assistance. The new lease may not increase or impose other fees or
charges not allowed under the current lease or oral agreement with the tenant, including but not limited to pet
rent or trash pick-up. The Landlord may continue to charge all costs, expenses, and fees including but not limited
to utility charges if allowed under the original lease.
11. That if there is any portion of the rent or rental arrears that is to be paid by the Tenant or on behalf of the Tenant
(Tenant Payment), Landlord confirms receipt of such payment or forgiveness for the portion of rent or rental
arrears. If required by the Administrator, prior to the Administrator making an assistance payment to the
Landlord, the Landlord will confirm such receipt of payment or forgiveness of the portion of rent or rental
arrears.
12. That late fees and penalties for nonpayment of rent or any other costs up until the expiration of the time period
covered by the rental assistance actually received by Landlord for the above-named Tenant have been or will be
discharged upon payment from Administrator, and if applicable for eviction diversion cases, no court costs will
accrue or be charged to the Tenant and the Landlord waives all claims raised in the eviction case.
13. That the Landlord hereby releases the tenant from payment liability for any rent for the time period covered by
the assistance actually received by the Landlord, as well as any fees related to that rent. The Landlord will not
evict the tenant for any reason that predates the acceptance of the funds or for any reason related to rent or fees
during the time period covered by the funds and will not evict the Tenant for a nonmonetary default during the
time period covered by the rental assistance actually received, except for actions or breaches of the lease that
are related to criminal activity, property damage or physical harm to others. Nothing in this certification shall
waive a Landlord's right to file an eviction based on a nonmonetary default that occurs after the expiration of the
time period covered by the rental assistance actually received.
14. Landlord acknowledges that all information collected, assembled, or maintained by Administrator pertaining to
this Contract, except records made confidential by law or court order, are subject to the Texas Public Information
Act (Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and other interested
parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the
Texas Public Information Act.
Page 2 of 3
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
LANDLORD FORM AND CERTIFICATION
REv. 01/06/2021
15. Landlord shall provide the U.S. Department of Health and Human Services or U.S. Department of Housing and
Urban Development, as applicable based on the funding source of the assistance, the U.S. Inspector General, the
U.S. General Accounting Office, the Texas Comptroller, the Texas State Auditor's Office, the Office of Court
Administration and the Texas Department of Housing and Community Affairs, or any of their duly authorized
representatives, access to and the right to examine and copy records related to a payment made as a result of
this certification.
16. That if the Owner is a different legal entity than the Landlord, that Landlord or Landlord's Agent certifies it has
the legal authority to enter into this agreement, and that if an Agent is executing this form that documentation of
agency is attached.
17. Notwithstanding anything to the contrary in this certification, the Landlord shall have the right to terminate
participation in the program at any time prior to receiving assistance.
18. That the age of the unit in the property has been accurately disclosed above, and Landlord acknowledges that if
the year of construction has been represented to be after 1978, and is subsequently found to have been
constructed prior to 1978, the assistance provided may be subject to repayment.
19. That the information provided is true, accurate, and complete, and if requested, Landlord is able to provide
further documentation to support any representations.
Warning: Title 18, Section 1001 of the U.S. Code makes it a criminal offense to make willful false statements or
misrepresentations to any Department or Agency in the United States as to any matter within its jurisdiction.
Signature of Owner, Landlord, or Agent Date
�e ��
fy�s�, z� �, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS �
�, ���, Street Address: 221 East 11th Street, Austin, TX 78701 Mailing Address: PO Box 13941, Austin, TX 78711 �
44��'' Main Number: 512-475-3800 Toll Free: 1-800-525-0657 Email: info@tdhca.state.tx.us Web: www.tdhcastate.tx.us --
._ _. oPPoaiurvirv'
Page 3 of 3
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM �TERAP�
TENANT CERTIFICATION
REv. 01/06/2021
Administrator/Subrecipient Name:
Administrator/Subrecipient Contact Information (email and phone):
Tenant Name(s):
Property Address:
Tenant Phone #:
Tenant email:
Unit Number:
Applicable to Texas Eviction Diversion Pro�ram (TEDP) cases ONLY:
Court Docket #: Justice of the Peace (J.P.) Precinct # in County
I/We, above named Tenant(s), hereby certify that:
1. I/We have occupied the above-referenced unit as my/our principal residence during the period of time for
which the rental arrears assistance, if any, is requested and will occupy the unit as my/our principal residence
throughout the remaining months for which the assistance is provided.
2. I/We understand that this program requires participation from both the Landlord and Tenant and if the
Landlord does not elect to participate, no assistance will be provided.
3. To my/our knowledge, the Unit for which I am receiving assistance is not public housing and is not receiving
any other form of government assistance for the same month or months of rent for which this assistance is
requested, such as tenant-based voucher assistance (such as Section 8), or project-based assistance.
4. I/We will not seek to obtain rental assistance in the future for the same months of rental arrears or rent
covered by this assistance, and that if I/we do receive such assistance I will report it to Landlord using the
contact information in my/our lease, and to the Administrator using the contact information at the top of
this form.
5. I/We will inform the Administrator, using the contact information at the top of this form, within ten calendar
days if evicted from the Unit or if I/we no longer occupy the Unit as my/our principal residence during the
period of assistance.
6. To my/our knowledge, neither I/We, nor the Landlord, have previously received rental assistance funded
with Community Development Block Grant (CDBG) Coronavirus Relief Act funds.
7. I/We have provided a written lease to Administrator, or if I/we have not provided a written lease, that the
information I have provided in the Tenant Application regarding the terms of my/our lease and rent amount
are true and accurate and if requested, I will provide proof of my/our tenancy.
8. I/We understand that in accordance with Section 2105.151 of the Tex. Gov't Code, I/we have a right to
request a hearing if I/we believe the Administrator has been unjust, discriminatory, or without reasonable
basis in law or fact, and that I/we have the right to file a complaint with the Texas Department of Housing
and Community Affairs.
9. I/We have been impacted by the COVID-19 Pandemic. (Please select any/all conditions that apply to your
household since March 13, 2020, the date of the State of Texas Disaster Proclamation):
A. ❑ Household has had a loss or reduction of income due to the COVID-19 pandemic.
B. ❑ Household has had increased household costs due to school closures or medical expenses
associated with the COVID-19 pandemic.
(Please describe your economic impact due to the Coronavirus pandemic including circumstance(s) resulting
in loss of income or increased expenses. Statement may be provided verbally and documented by staff
10. The information I/We have provided is true, accurate, and complete, and if requested, I am able to provide
documentation to prove my household's loss of income or additional expenses. (Consent may be given
verbally).
11. Tenant acknowledges that all information collected, assembled, or maintained by Administrator pertaining
to this Certification, except records made confidential by law or court order, are subject to the Texas Public
Information Act (Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and
other interested parties with reasonable access to all records pertaining to this Contract subject to and in
accordance with the Texas Public Information Act.
12. Tenant shall provide the U.S. Department of Housing and Urban Development, the U.S. Inspector General,
the U.S. General Accounting Office, the Texas Comptroller, the Texas State Auditor's Office, the Office of
Court Administration and the Texas Department of Housing and Community Affairs, or any of their duly
authorized representatives, access to and the right to examine and copy records related to a payment made
as a result of this certification.
13. I/We have been provided a copy of this certification.
14. I/we understand that if there is a portion of the rent or rental arrears that is to be paid by or on behalf of the
Tenant (as identified in the tenant application), such payment must be made to or forgiven by the landlord,
and the landlord must confirm receipt or forgiveness, prior to the program making an assistance payment to
the landlord.
15. I/We may remain responsible for charges authorized under the lease other than rent going forward, including
but not limited to pet rent or trash pickup fees.
Signature of Head of Household
Signature of Co-Head/Spouse
Signature of Staff Person
Date
Date
Date
Warning: Title 18, Section 1001 of the U.S. Code makes it a criminal offense to make willful false statements
or misrepresentations to any Department or Agency in the United States as to any matter within its
jurisdiction.
Reasonable accommodations will be made forpersons with disabilities and language assistance will be made available forpersons with limited English proficiency.
;�-� TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
i4,�, ,:?�,
Street Address: 221 East 11th Street, Austin, TX 78701 Mailing Address: PO Box 13941, Austin, TX 78711 �
ix!. . �°,� xi �
'��'`�' Main Number: 512-475-3800 Toll Free: 1-800-525-0657 Email: info@tdhca.state.tx.us Web:
���. /; �� �
_—'` W W W.tCi �l C8. StBte.tX. US oaaor<"iurili`v
TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM (TERAP)
Household Income Certification (HIC) Rev.01/06/21
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 Last Name
Number
1
2
3
4
5
6
7
8
Part III. Gross Annual Income (Non-Asset Income)
Household Member Employment or Wages, Worker's
Number Compensation
Member First Name and Relationship to Head of
Middle Initial Household
Self
Date of Birth
Full Time Student (Y/N)
Social Security/Pensions/ Public Assistance
(Unemployment Benefits,
Annuities/Retirement
TANF)
Other Income
(Child Support, Rental
Income, Business Income)
Member Income Total
1 $ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ $ - $ -
$ - $ - $ - $ -
$ - $ - $ $ - $ -
$ - $ - $ - $ - $ -
(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 HOME Program.
Head of Houseold Signature
Spouse/Other Adult Signature
Other Adult Signature
Date
Date
Date
Administrator Signature Date
Texas Emergency Rental Assistance Program (TERAP)
Self-Certification of Annual Income by Beneficiary
Rev. 01/06/21
INSTRUCTIONS: This is a written statement from the program beneficiary that will serve as documentation that they meet the
definition of having an "Annual (Gross) Income" that does not exceed the applicable limits for the Texas Emergency Rental
Assistance Program (TERAP). Adult beneficiary members must then sign this statement to certify that the information is complete
and accurate, and that source documentation will be provided upon request.
Definition of Income: Select the ONE appropriate definition for which you are self-certifying. This certification is only
allowable for the two options listed below.
❑ My household lives in a rent-restricted property and has provided an income certification from the property dated
on or afterApril 1, 2020, AND my household's Annual Gross Income remains below 80%of the Area Median Income.
❑ My household's Annual Gross Income is below 60% of the Area Median Income.
APPLICANT INFORMATION
1. Applicant Name:
z. Street Address:
3. City/State/Zip Code: a. County:
5. Email Address: 6. Home Phone: ( ) -
7. Cell Phone: ( ) -
Memberinformation
Mark with an X, all the applicable categories. HH = Head of Household; CH = Co-Head of Household; PT>_18 = Part-time
student age 18 or over; FS>_18 = Full-time student age 18 or over; <18 = Child under the age of 18 years
First and Last Name HH CH PT>_18 FS>_18 <18
1. ❑ ❑ ❑ ❑ ❑
2. ❑ ❑ ❑ ❑ ❑
3. ❑ ❑ ❑ ❑ ❑
4. ❑ ❑ ❑ ❑ ❑
5. ❑ ❑ ❑ ❑ ❑
6. ❑ ❑ ❑ ❑ ❑
7. ❑ ❑ ❑ ❑ ❑
8. ❑ ❑ ❑ ❑ ❑
9. ❑ ❑ ❑ ❑ ❑
10. ❑ ❑ ❑ ❑ ❑
11. ❑ ❑ ❑ ❑ ❑
Income Information
Annual gross income (total of all members) _$
Certification
I/we certify that this information is complete and accurate. I/we agree to provide, upon request, documentation on all
income sources to the HUD Grantee/Program Administrator.
COMPLETE SIGNATURES ON SECOND PAGE
Page 1 of 2
Texas Emergency Rental Assistance Program (TERAP)
Self-Certification of Annual Income bv Beneficia
Rev. 01
I/we certify that this information is complete and accurate. I/we agree to provide, upon request, documentation
on all income sources to the HUD Grantee/Program Administrator.
HEAD OF HOUSEHOLD
Signature Printed Name Date
OTHER BENEFICIARY ADULTS*
1. Signature Printed Name Date
2. Signature Printed Name Date
3. Signature Printed Name Date
4. Signature Printed Name Date
5. Signature Printed Name Date
6. Signature Printed Name Date
7. Signature Printed Name Date
8. Signature Printed Name Date
9. Signature Printed Name Date
10. Signature Printed Name Date
11. Signature Printed Name Date
* Attach another copy of this page if additional signature lines are required.
WARNING: The information provided on this form is subject to verification by HUD, the Texas Department of Housing and
CommunityAffairs or the program administrator at any time, and Title 18, Section 1001 of the U.S. Code states that a person
is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to
a department of the United States Government.
Page 2 of 2
M&C Review
CITY COUNCIL AGENDA
DATE: 2/16/2021 REFERENCE **M&C 21- LOG NAME:
NO.: 0106
CODE: C TYPE: CONSENT PUBLIC
HEARING:
19NS CARES ACT TERAP
FUNDS
NO
SUBJECT: (ALL) Authorize Acceptance of Texas Emergency Rental Assistance Program Funds in
an Amount Up to $1,840,489.78 from the Texas Department of Housing and
Community Affairs, a Federally Funded Program Sponsored by the United States
Department of Housing and Urban Development Designed to Provide Rental
Assistance for Low to Moderate Income Residents Under the Coronavirus Aid, Relief,
and Economic Security Act, Authorize Execution of Related Contracts, Adopt Attached
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
RECOMMENDATION:
It is recommended that City Council:
1.
2.
3.
4.
Authorize acceptance of Texas Emergency Rental Assistance Program funds in an amount up to
$1,840,489.78 from the Texas Department of Housing and Community Affairs under the
Coronavirus Aid, Relief, and Economic Security Act;
Authorize the City Manager or his designee to execute related contracts, including any
renewals, amendments and extensions with the Texas Department of Housing and Community
Affa i rs;
Adopt the attached appropriation ordinance increasing the receipts and appropriations in the
Grants Operating Federal Fund in an amount up to $1,840,489.78 subject to receipt of the
grant, for the purpose of funding Texas Emergency Rental Assistance Program services and
activities; and
Authorize a waiver of the Neighborhood Services Department indirect cost rate of 18.73\%,
estimated total of $34,472.00.
DISCUSSION:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, published on March 27, 2020, is
a law meant to address the economic fallout of the 2020 coronavirus pandemic. The CARES Act
includes provisions to help local governments prevent, prepare for and respond to the coronavirus
pandemic, including providing for an additional allocation of Community Development Block Grant
CARES Act funds under the Texas Emergency Rental Assistance Program (TERAP). These funds
are available to communities in the state of Texas who have existing COVID-19 rental assistance
programs and have indicated an interest to participate in the TERAP. The City was notified on
November 23, 2020 as an eligible entity for a possible award up to $1,840,489.78.
TERAP provides rental assistance to income-eligible households impacted by COVID-19 to help
them stay housed during the pandemic. The program can pay up to six months of an eligible
household's rent, including rental arrears, with at least one of those months covering a month of
future rent. As a set-aside within the program, 10\% of funds are officially earmarked to provide the
Texas Eviction Diversion Program (TEDP) which provides rental assistance to tenants who have
been sued for eviction, providing the landlord and tenant an alternative to eviction.
Indirect costs totaling approximately $34,472.00 could be charged to this grant, as the
Neighborhood Services Department indirect cost rate is 18.73\% in the City's most recent Cost
Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further
support the programs and services to assist low-to-moderate income citizens impacted by the
�d RT'�'�'0 RT I I
_�_
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=28658&councildate=2/16/2021[4/9/2021 3:09:48 PM]
M&C Review
coronavirus.
It is recommended that $1,840,489.78 of TERAP funds be allocated as follows:
General administration: $184,048.98 - costs of planning for, administering, reporting on, and
monitoring all activities paid for with TERAP funds
Direct awards to public service agencies: $1,656,440.80 - contracts are recommended for the
following agencies and programs in the following amounts:
TABLE 1: TERAP AGENCIES
AGENCY PROGRAM AMOUNT
Housing Channel Emergency Rental � 552,146.94
Assistance
Salvation Army Emergency Rental � 552,146.93
Assistance
Tarrant County Samaritan Emergency Rental
Housing, Inc. Assistance $ 552,146.93
TOTAL TERAP CONTRACTS $1,656,440.80
This program is available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to
the City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
�und
FROM
Fund
Department Account Project Program Activity Budget Reference # Amount
ID ID I Year I(Chartfield 2) I
Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTAC H M E NTS
IR_TERAP_121020 v.2.pdf
TE RAP_F U N D S_21001 _AO. DOCX
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=28658&councildate=2/16/2021[4/9/2021 3:09:48 PM]