HomeMy WebLinkAboutContract 567921
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This contract (“Contract”) is made and entered into by and between the City of Fort Worth
(hereafter “City”) and Tarrant County Samaritan Housing (hereafter “Agency”), a Texas nonprofit
corporation . City and Agency may be referred to individually as a “Party” and jointly as “the
Parties”.
The Parties state as follows:
WHEREAS, City has received funding through the Emergency Rental Assistance (“ERA”)
Program established by section 501 of subtitle A of title V of Division N of the Consolidated
Appropriations Act (known as ERA#1 (the “Act”) and received additional funding through the
continuation of the Emergency Rental Assistance program authorized by Section 3201 of the
American Rescue Plan Act of 2021 (the “ARP Act”) (“ERA#2 Funds”), to assist households that
are unable to pay rent and utilities during or due to the public health emergency posed by the
COVID-19 pandemic and that meet eligibility criteria;
WHEREAS, the COVID-19 pandemic has negatively impacted disadvantaged populations
in the City of Fort Worth;
WHEREAS, the ARP Act authorized emergency rental assistance for up to 18 months for
income eligible and otherwise qualified households from combined ERA#1 and ERA#2 funds;
and
WHEREAS, the ARP Act allows City to use up to 15% of its allocated funds for
administrative expenses associated with implementation of the ERA#2 Program and 10% of its
allocated funds for expenses related to housing stability, including intake, case management, and
the like;
WHEREAS, the ARP Act established deadlines for use of the ERA#2 Funds, including an
obligation deadline for 50% of the funds no later than March 30, 2022, and an expenditure deadline
of September 30, 2025;
WHEREAS, should the City and its subrecipient partners successfully obligate 75% of
ERA#2 funds no later than September 30, 2022, the balance of 25% of the ERA#2 funds may be
used by the City for development of affordable housing; and
WHEREAS, City desires to allot ERA#2 Funds to Agency to assist City with the continued
implementation of the Fort Worth ERA Program (FWERAP) and payment of FWERAP Funds to
eligible households and pay for rent, rental arrears, utilities, utility arrears, and other housing
expenses eligible for payment under the Act and resulting from the COVID-19 pandemic.
NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to the terms
CSC No. 56792
2
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
and conditions hereinafter stated, the Parties understand and agree as follows:
1.INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct and form
the basis upon which the Parties have entered into this Contract.
2.DEFINITIONS.
In addition to terms defined in the recitals and the body of this Contract, the terms set forth
below shall have the definitions ascribed to them as follows:
Complete Documentation means cost and performance documentation supporting expenditures
for provision of direct assistance to Fort Worth residents including:
•Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing that payment is due by Agency.
•Proof of payment: cancelled checks, bank statements, wire transfers, or similar
financial records involving a third party and demonstrating amounts were
actually paid by Agency.
•Proof of Client Eligibility: (i) Documentation of Categorical Income
Eligibility Status as described in Exhibit “A” Program Summary; or (ii) Copy
of most recent Tax Return; or (iii) Source documentation of household income,
or (iv) if Categorical Income Eligibility or source documentation is not
available, verifiable self-certification of income such as the City’s Certification
Income Statement attached as EXHIBIT “H” – Household Income Self-
Certification or a similar form approved by City such as may be provided
within the Neighborly Software emergency rental assistance application; and
documentation that client financial hardship is directly or indirectly related to
and/or caused by and/or occurred during the Coronavirus Pandemic; and
evidence of client household housing instability or risk of homelessness as
further described in Exhibit “A” – Program Summary.
•Any other document or record reasonably necessary to verify costs spent to
respond to the public health emergency.
Complete Documentation must meet the standards described in the attached EXHIBIT
“G” - Standards for Complete Documentation.
Director means the Director of the Neighborhood Services Department.
Duplication of Benefits means receipt of financial assistance from multiple sources (including
this Contract) for the same purpose such that the total assistance received for that purpose is more
than the total need for assistance for that purpose. ERA#2 Funds may only be used to pay for costs
that are not paid for by other sources. Agency must review the eligible household’s income and
sources of assistance to confirm that the ERA#2 assistance does not duplicate any other assistance,
including federal, state, and local assistance provided for the same costs.
3
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Effective Date for rental expenses means October 1, 2020, the effective date of this Agreement.
Eligible Expense means one that is (1) incurred by the Agency between October 1, 2020 and
September 30, 2025; (2) not previously budgeted; and (3) necessary due to the COVID-19 public
health emergency and is made either (A) to pay rent, rental arrears, utilities and home energy costs,
utility and home energy costs arrears, and other housing expenses incurred, directly or indirectly,
due to the COVID-19 pandemic or during the COVID-19 pandemic for households who have
satisfactorily demonstrated eligibility under the terms of the ARP Act and/or (B) in paying
necessary expenditures of the Agency incurred on or after November 1, 2021 in providing housing
stability services and implementing the ERA#2 Program.
FWERAP means the emergency rental assistance program administered by the City of Fort
Worth Neighborhood Services Department and through Agency and other City of Fort Worth
partner entities on behalf of eligible tenants and landlords in the City.
FWERAP Funds means funds provided to the City of Fort Worth through section 501 of subtitle
A of title V of Division N of the Consolidated Appropriations Act (the “Act”) (ERA#1 Funds)_
and through Section 3201 of the American Rescue Plan Act of 2021 (the “ARP Act”) (“ERA#2
Funds” .
HUD Income Limits means income eligibility thresholds established by the U.S. Department of
Housing and Urban Development (HUD) based on the Area Median Income (AMI) and adjusted
for household size, and updated annually. Income eligibility for FWERAP is set at 80% of the
Area Median Income, and administration of the FWERAP must prioritize applications of
households under 50% of AMI. Current HUD AMI Limits as of the date of Contract execution
are attached to this Contract as Exhibit A-1.
Neighborhood Services Department means the City’s Neighborhood Services Department.
OIG means the Office of the Inspector General for the U.S. Department of the Treasury, the federal
entity authorized to receive performance reports on, and administer and oversee the Coronavirus
Relief Fund.
OMB means the Office of Management and Budget.
Performance Report means a document that contains the information as substantially provided
as attached hereto as Exhibit “C” and that lists each unique client or beneficiary served by the
Program at least once during the Eligibility Period. A client served by the Program more than
once in the Eligibility Period may only be counted the first time they are served when determining
the total count of beneficiaries served on the Agency’s final Performance Report. To the greatest
extent feasible, Performance Reports should be generated through Neighborly Software
application or other City-required software application for client intake and program
administration. The contents of Performance Reports and Performance Report forms may be
revised as required by the U.S. Department of the Treasury.
Program means the services described in EXHIBIT “A” – Program Summary.
4
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Program Criteria means the criteria by which the City approves and rejects applications,
including the guiding principles for the use of FWERAP Funds as specified in M&C 21-0111-
approved by City Council of the City of Fort Worth on February 16, 2021, and M&C 21-0816
approved by the City Council of the City of Fort Worth on October 16, 2021, which include the
following:
• FWERAP Funds must be prioritized for assistance to households that meet
either of the following:
o Household income at or below 50% of the area median; or
o One or more household member is unemployed at the time of application
and has been unemployed for 90 days or longer.
• FWERAP Funds must be used to provide direct assistance to Fort Worth
eligible households, which include:
o households with income under 80% of the area median; and
o such households have one or more persons who have qualified for
unemployment benefits or the household has experienced a reduction in
income or other financial hardship, directly or indirectly, due to or during
the COVID-19 pandemic; and
o the household can provide evidence of housing instability or risk of
homelessness such as a past due utility or rent notice, or other evidence
of such risk.
Reimbursement Request means a form from the Agency seeking payment from the City and
accompanied by all necessary reports and other documentation described in Section 9.
Reimbursement Requests will be made for Agency Operational and Administrative Expenses.
Rental Expense Disbursement means a payment made by the City to Agency in advance of
Agency’s payment to Landlords and Utility companies for Eligible Expenses, in order to ensure
prompt payment of FWERAP Funds on behalf of eligible clients.
Rental/Utility Disbursement Request means a form from the Agency listing all Agency-
approved Clients and associated proposed Rental and Utility expenses for the designated reporting
period. This Draw Request will be used by City to generate a Rental Expense Disbursement in the
amount needed by Agency to pay approved landlord and utility expenses as further described in
Section 9 of this Contract.
3. TERM.
This Contract begins on execution and expires eighteen months thereafter unless earlier
terminated as provided in this Contract (the “Initial Term”). At the City’s sole discretion based on
Agency performance and changes in federal law, this Contract may be extended for one or more
Renewal Terms, with the duration of any such Renewal Term to be documented in a mutually
signed writing of the Parties. The Initial Term and all Renewal Terms may be referred to
collectively as the “Contract Term.” This Contract covers eligible expenditures incurred between
the Effective Date, as defined above, and the last day of the Contract Term (the “Eligibility
Period”).
5
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide FWERAP Funds.
City shall provide up to $3,850,000.00 of ERA#2 Funds under the terms and conditions of
this Contract.
ERA#2 Funds will be provided to Agency for Eligible Expenses, up to a total of $3,910,000.00
upon receipt of Rental Expense Disbursement Request and/or Complete Documentation as further
described in Section 9 of this Contract. Final Reimbursement Request must be received by the
City no later than 30 days after the end of the Contract Term. 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.
4.1.1 City may provide advancement of funds as authorized by 2 CFR 200.305(b) in
order to ensure rapid disbursement of emergency rental assistance to eligible low income clients
at risk of eviction or in unstable housing conditions. Such advancement of funds will be limited
to the minimum amounts needed to assist the average number of clients approved in the most
recent months by Agency, and anticipated to be approved in the next month at the Agency’s
average weekly or monthly approval rate, and based on the Agency’s average client assistance
amount.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its contractors,
subcontractors or vendors as necessary. Monitoring by City will include review of Performance
Reports and cost documentation to verify that Agency is meeting the Program Criteria and
requirements of this Contract.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
Agency shall perform the services described in EXHIBIT “A” – Program Summary and
in accordance with the terms and conditions of this Contract.
5.2 Use of FWERAP Funds.
5.2.1. Compliance with the Act and Contract.
Agency shall be reimbursed for Program costs with FWERAP Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are Eligible Expenses;
6
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
5.2.1.2 Costs are in compliance with this Contract and are reasonable and
consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted to City by
Agency
5.2.2 Budget.
5.2.2.1 The FWERAP Funds will be paid in accordance with EXHIBIT
“B” – Budget and with Section 9 of this Contract.
5.2.2.2 Duplication of Benefits
Agency will ensure that no Duplication of Benefits occurs in delivery of the
FWERAP, as defined above.
5.2.3 Change in Program Budget
5.2.3.1 Agency will notify City promptly of any additional funds it receives
for operation of the FWERAP, and City reserves the right to amend this Contract in such instances
to ensure that Duplication of Benefits does not occur in violation of the Stafford Act.
5.2.3.2 Agency agrees to utilize the FWERAP Funds to supplement rather
than supplant funds otherwise available for the Program.
5.2.4 Payment of FWERAP Funds to Agency.
FWERAP Funds will be disbursed to Agency upon City’s approval of
Rental/Utility Disbursement Requests and Reimbursement Requests (as described in Section 9).
It is expressly agreed by the Parties that any FW ERAP Funds not spent in compliance with this
Contract or approved for reimbursement to Agency shall remain with City.
5.2.5 Advancement of Funds
FWERAP funds may be advanced to Agency at City’s sole discretion upon
agency’s written request, in a monthly amount based on the sum of the following two amounts:
• Total Monthly Amount Advanced for Approvals: Total Number of Approved
Clients as of the first or fifteenth day of the Month, multiplied by Average
Assistance Amount per Client
• Total Monthly Amount to be Advanced for Anticipated Approvals: Average
Number of Clients approved per week for the most recent month, multiplied by
the average Assistance Amount Per Client, multiplied by 4.3 weeks per month.
Agency shall use Advanced Funds only for payment of direct assistance to clients,
and shall not use Advanced Funds for Agency’s administrative or Housing Stability Operations
expenses.
5.2.6 Reports on Advances of Funds.
7
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Agency shall maintain a separate account or Bank Account for Advanced Funds,
and shall not commingle Advanced Funds with other funds. Agency shall submit no less
often than monthly, a complete Bank Statement or General Ledger report that lists all
Rental Assistance payments made from the Advanced Funds during the previous month.
The Bank Statement or General Ledger report shall provide sufficient detail to demonstrate
each client address and client name for which payments were made, during the reporting
period, such that all payments can be reconciled against Agency’s accounting/purchasing
system and the Neighborly Software used as a platform for applications and administration
of the City’s Emergency Rental Assistance Program. Failure to provide complete Bank
Statements or General Ledger reports will be justification for City to decline to make
further Advancements of Funds.
5.2.7 Agency Responsibility
Nothing provided above in Section 5.2.5 or 5.2.6 will relieve Agency of the
responsibility for maintaining Complete Documentation regarding all expenses incurred
and payments made, or for obtaining all Supporting Documentation necessary for verifying
client eligibility and ensuring that such Supporting Documentation is uploaded into the
Neighborly Software used as a platform for administration of the City’s Emergency Rental
Assistance Program. Failure to maintain Complete Documentation regarding all expenses
charged to Advanced Funds and failure to ensure that all necessary Client Eligibility
Supporting Documentation is uploaded into the Neighborly system shall be grounds for
City to decline to make further Advancements of Funds, or for City to withhold further
Disbursements or Reimbursements of Expenses, until all such documentation has been
provided.
5.3 Program Performance Milestones.
5.3.1 Agency represents that the Program will achieve the performance
milestones established in EXHIBIT “A” – Program Summary
5.3.2 Failure of Agency to meet the milestones established in Exhibit A or a
material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the
purpose of this Section, “material deviation” shall mean failing to meet the specified goal by a
variance of 10% or more. In the event of such breach, City reserves the right in its sole option to
(i) delay or withhold payment of Reimbursement Requests, (ii) reduce funding, or (iii) terminate
this Contract.
5.4 Identify Program Expenses Paid with FWERAP Funds.
Agency will keep accounts and records in such a manner that City may readily identify and
account for Program expenses reimbursed with FWERAP Funds. These records shall be made
available to City for audit purposes and shall be retained as required hereunder. Accounts and
records shall utilize separate account codes to clearly distinguish between Program expenses
reimbursed through FWERAP Funds and any other sources of funds.
5.5 Meet Program Criteria.
8
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Agency shall ensure that the activities carried out in the Program meet the Program Criteria.
5.6 Program Subcontracts.
Agency may not enter into a subcontract with another agency, contractor, or vendor to
provide a service to clients for any part of the Program that will be paid with FWERAP Funds
without City’s written consent. If Agency enters into a non-approved subcontract, expenses under
such agreement may be ineligible for reimbursement, regardless of whether they otherwise meet
the criteria to be considered Eligible Expenses.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Eligibility.
Agency must maintain records documenting client eligibility for the FWERAP as required
by the Act, and as further described in Exhibit “A” – Program Summary.
6.2 Submission of Client Eligibility Documentation. Agency must submit copies of
documentation of client eligibility as requested by City for sub-recipient and program monitoring
purposes as required by 2 CFR 200.330 through 332. Agency must use Neighborly Software
application or other city-designated software for client intake and program implementation
purposes, and must upload all client and housing unit eligibility documentation to this online
software application. To the extent that Agency is receiving Funds from both City and other
eligible entities to operate an Emergency Rental Assistance program, Agency may be required to
submit program documentation demonstrating that allocation of costs is appropriate.
6.3 Maintain Documentation.
Agency must maintain copies of all documentation required by this Section 6 for five (5)
years following the expiration of the Contract Term. This Section shall survive the earlier
termination or expiration of this Contract.
7. ADDITIONAL FWERAP FUNDS REQUIREMENTS.
7.1 Agency agrees to comply with all requirements of the Act and associated federal
regulations and guidance as of the date of contract execution as well as any future requirements
established by the U.S. Department of the Treasury or other federal government agency regarding
FWERAP Funds, provided that compliance with future requirements shall be effective on Agency
receiving notification of such additional requirements from City. Failure to make good faith efforts
to comply with such future federal requirements shall be grounds for reduction of award or
termination of this Contract. Agency’s failure to comply with requirements of the Act and
associated federal regulations and guidance may result in Agency being required to repay the
funds.
7.2 Monitoring.
7.2.1 Agency understands and agrees that its actions throughout the Contract
Term and Eligibility Period will be subject to monitoring by City for compliance with terms and
provisions of this Contract, the Act, and federal regulations and guidance. Agency is subject to
9
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
such monitoring during the Contract Term and for a period five (5) years following the end of the
Contract Term. Agency will provide reports and access to Program files as requested by City or
federal auditors during the Contract Term and for a (5) year period. For purposes of this Contract,
the five (5) year period is deemed to begin on the first day after the date on which the Contract
Term (both Initial Term and all Renewal Terms) expires or is terminated and to end on the fifth
anniversary of that date.
7.2.2 Representatives of City, the U.S. Department of the Treasury, the Treasury
Department Office of Inspector General, the United States Comptroller General, and any other
City or federal auditors shall, upon 48 hours’ prior notice, have access during regular business
hours to Agency’s offices and records pertaining to the use of the FWERAP Funds and to Agency’s
officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of
such monitoring.
7.2.3 In addition to other provisions of this Contract regarding monitoring, City
reserves the right to perform desk reviews or on-site monitoring of Agency’s compliance with the
terms and conditions of this Contract. City shall provide Agency with a written report of the
monitor’s findings after each monitoring visit. If the monitoring report notes deficiencies in
Agency’s performance, the report shall include requirements for the timely correction of said
deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report
may be cause for subsequent reimbursements to be forfeited and/or suspension or termination of
this Contract as provided herein.
7.2.4 Subsections 7.2.1 through 7.2.3 shall be applicable for the Contract Term
and for five (5) years thereafter and shall survive the earlier termination or expiration of this
Contract.
7.2.5 Agency shall provide City the results of any state or federal monitoring of
this Contract that is conducted during the Contract Term or the five (5) year period. Such results
shall be submitted within 30 days of receipt of such state or federal monitoring report.
7.3 Agency Procurement Standards.
Agency shall document that it has established written procurement procedures to ensure
that materials and services purchased with FWERAP Funds are obtained in a cost effective manner
subject to full and open competition as feasible given the circumstances of the public health
emergency.
7.4 Agency Contracts.
7.4.1 Contracts in excess of $10,000.00 made by Agency using FWERAP Funds
must address termination for cause and convenience including the manner by which such
termination shall be effected and the basis 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 written
documentation of a search of SAM for each contractor paid with FWERAP Funds showing that
10
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
the individual or entity is not listed by SAM as being debarred, both prior to hiring and prior to
submitting a Reimbursement Request which includes invoices from any such contractor. Failure
to submit such proofs of search shall be an event of default and may result in such costs not
being subject to reimbursement even if they otherwise meet criteria as Eligible Expenses.
7.4.3 Agency acknowledges that this award is subject to 2 CFR Part 180 and to the
implementing regulations of the U.S. Department of the Treasury at 31 CFR Part 19. As
applicable, contracts of $25,000 or more and contracts for Single Audits made by Agency using
FWERAP funds must include a term or condition that references this requirement
7.5 Cost Principles/Cost Reasonableness.
Agency shall administer its use of FWERAP Funds in compliance with 2 CFR Part 200, as
applicable. The eligibility of costs incurred for performance rendered shall be determined in
accordance with Agency’s established policies and procedures for procurement and cost
reasonableness, taking into account the nature of the public health emergency as a relevant factor
for consideration of reasonableness of particular costs.
7.6 Financial Management Standards.
Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to
maintain and utilize adequate internal controls as required by Section 7.12 of this Contract,
including such necessary accounting principles and procedures as are needed to maintain necessary
supporting and back-up documentation for all costs incurred as may be required in order to comply
with 2 CFR 200 Subpart F regarding Audits.
7.6.1 Prohibition of Duplication of Benefits
Agency agrees to comply with Section 312 of the Stafford Disaster Relief and
Emergency Assistance Act which prohibits the duplication of benefits or financial assistance to
people or entities affected by a federally declared emergency. Agency agrees to establish and
maintain adequate procedures to prevent any duplications of benefits with FWERAP funds – with
any other federal funds.
7.7 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements.
Agency will maintain adequate administrative and record-keeping systems sufficient to
provide the City with adequate documentation needed to comply with 2 CFR 200.330 regarding
Sub-recipient Management and with the Audit Requirements for Federal Awards in 2 CFR Subpart
F, or any reasonably equivalent procedures and requirements that City may require.
7.8 Terms Applicable to Contractors, Subcontractors and Vendors.
Agency understands and agrees that all terms of this Contract, whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are
in any way paid with ERA#2 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 ARP Act. Agency shall monitor the services and work performed by its
contractors, subcontractors and vendors on a regular basis for compliance with the ARP Act and
11
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Contract provisions. Agency must cure all violations of the ARP Act committed by its contractors,
subcontractors or vendors. City maintains the right to insist on Agency’s full compliance with the
terms of this Contract and the ARP Act, and Agency is responsible for such compliance regardless
of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by
Agency’s contractors, subcontractors or vendors. Agency acknowledges that the provisions of this
Section shall survive the earlier termination or expiration of this Contract and shall be applicable
for five (5) years after the Contract Term ends.
7.9 Conflict of Interest Disclosure.
Consistent with the internal controls requirements to maintain ethical standards established
as required by Section 7.12 of this Contract, Agency shall establish conflict of interest policies for
federal awards including use of FWERAP Funds.
No member of Agency’s governing body or management structure may receive
personal pecuniary benefit – directly or indirectly – from Agency’s receipt of FWERAP
Funds from the City with the exception of reimbursement of expenditures of payment of
salary that meets criteria as an Eligible Expense, including having been unbudgeted. This
restriction shall apply to an individual who is related to a member of Agency’s governing
body or management structure within the second degree of consanguinity or affinity.
Agency shall disclose to City in writing any potential conflict of interest regarding use of
FWERAP ERA#2 Funds or other federal funds.
7.10 Compliance with FFATA and Whistleblower Protections.
Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act (“FFATA”) governing requirements on
executive compensation and provisions governing whistleblower protections contained in 41
U.S.C. 4712, 41 U.S.C. 4304 and 41 U.S.C. 4310.
7.11 DUNS Number
Agency shall provide City with its DUNS number prior to the payment of any FWERAP
Funds.
7.12 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, Agency shall:
7.12.1 Establish and maintain effective internal control over the FWERAP Funds
that provides reasonable assurance that Agency is managing the FWERAP Funds in compliance
with federal statutes, regulations, and the terms and conditions of this Contract. These internal
controls shall be in compliance with guidance in “Standards for Internal Control in the Federal
Government” issued by the Comptroller General of the United States or the “Internal Control
Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway
Commission (“COSO”);
12
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
7.12.2 Comply with federal statutes, regulations, and the terms and conditions of
this Contract;
7.12.3 Evaluate and monitor Agency’s compliance with statutes, regulations and
the terms and conditions of this Contract;
7.12.4 Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings; and
7.12.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or Agency considers
sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and
obligations of confidentiality.
8. RECORD KEEPING; REPORTING AND DOCUMENTATION REQUIRE-
MENTS; AUDIT.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this Contract.
Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all
funds spent, with supporting and back-up documentation. Agency will maintain all records and
documentation related to this Contract for 5 years after the Contract term ends. If any claim,
litigation, or audit is initiated before the expiration of this 5-year period, the relevant records and
documentation must be retained until all such claims, litigation or audits have been resolved. For
purposes of this Contract, this 5-year period for record retention is deemed to begin on the date
after the final date of the full eighteen-month Contract Term and end on the date five full years
after that date regardless of whether or not this Contract is earlier terminated.
8.2 Access to Records.
City representatives and any duly authorized officials of the federal government will have
full access to, and the right to examine, audit, excerpt and/or transcribe any of Agency’s records
pertaining to all matters covered by this Contract throughout the Performance Period and for 5 years
thereafter. Such access shall be during regular business hours upon at least 48 hours’ prior notice.
8.3 Reports.
8.3.1 Agency will submit to City all reports and documentation described in this
Contract in such form as City may prescribe. Agency may also be required to submit a final
performance and/or final financial report if required by City at the termination of this Contract in
such form and within such times as City may prescribe. Failure to submit to City any report or
documentation described in this Contract shall be an event of default of this Contract and
City may exercise all of its remedies for default under this Contract.
8.3.2 Additional Information.
Agency shall provide City with additional information as may be required by state or
federal agencies to substantiate Program activities and/or expenditure eligibility.
8.4 Change in Reporting Requirements and Forms.
13
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
City retains the right to change reporting requirements and forms at its discretion and as
may be required by the U.S. Department of the Treasury. City will notify Agency in writing as
soon as feasible prior to the effective date of such change, and the Parties shall execute an
amendment to the Contract reflecting such change if necessary.
8.5 Audit.
8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within one
(1) year, regardless of the source of the federal award, must submit to City an annual audit prepared
in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. 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 six (6) months following the
end of the period being audited and be submitted to City within 30 days of its completion.
Agency’s audit certification is attached hereto as EXHIBIT “E” – “Audit Certification Form”
and “Audit Requirements”. The Audit Certification Form must be submitted to City prior to
or with the first Reimbursement Request. Entities that expend less than $750,000 a year in federal
funds are exempt from federal audit requirements for that year, but records must be available for
review or audit by appropriate officials of the federal agency, City, and General Accounting Office.
8.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Agency’s Program operations and
finances at any time during the term of this Contract and for 5 years after the Contract Term ends
if City determines that such audit is necessary for City’s compliance with the Act or other City
policies. Agency agrees to allow access to all pertinent materials as described herein for such
audit. For purposes of this Contract, this 5-year period for City audit is deemed to begin on the
date after the final date of the full eighteen-month Contract Term and end on the date 5 full years
after that date regardless of whether or not this Contract is earlier terminated. If such audit reveals
a questioned practice or expenditure, such questions must be resolved within 15 business days
after notice to Agency of such questioned practice or expenditure. If questions are not resolved
within this period, City reserves the right to withhold further funding under this Contract and/or
any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED
THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED,
MISAPPLIED OR MISAPPROPRIATED, OR SPENT FWERAP FUNDS ON ANY
INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT
OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR
OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
9. DISBURSEMENT AND REIMBURSEMENT REQUIREMENTS.
9.1 Submission of Disbursement Requests
Agency shall submit Disbursement Requests for Agency-approved Rental and Utility
Expenses in the format attached as Exhibit D1: “Invoice” and Exhibit D3: “Disbursement
Request: Rental and Utility Expenses”. Such Disbursement Requests shall be submitted via the
City-designated contract administration software application on the last day of the week and no
more often than weekly. Supporting Complete Documentation for each Disbursement Request
(including proof of payment and any additional client documents requested by City) shall be
14
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
provided no later than two weeks following the initial submission, via Neighborly Software or
other City designated software application for client intake and program administration. Invoices
shall be numbered consecutively, and shall report the cumulative reimbursements and
disbursements requested to date (inclusive of the requested Disbursement). The Disbursement
Request shall be marked with the appropriate matching number. City shall process payment of
Disbursement Requests upon receipt via direct deposit or wire transfer. City shall promptly notify
agency of any additional information needed to verify client or housing unit eligibility and of any
ineligible costs advanced through Disbursement upon identification of such missing information
or ineligible costs. City may deduct such ineligible costs from future Disbursements or demand
reimbursement of such ineligible costs disbursed to Agency. Agency shall maintain a
reconciliation report of all client expenses requested through disbursement, all client expenses
subject to pending City requests for additional information, all client expenses deemed ineligible,
and applicable balances.
9.1.1 Deadline for Submitting Reimbursement Requests.
Reimbursement Requests for Housing Stability Program Operations and Administrative Expenses
shall be submitted no less often than monthly to the City and must be received by the City on or
before the 15th day of the month following the month expenses were paid by Agency. For example,
the Reimbursement Request for October expenses must be received by November 15. In the event
the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day
that the City is open for business. For reimbursement of previously incurred ERA#2 expenses
paid by Agency from November 1, 2021, 2021 through December 1, 2021 exclusively, the
Reimbursement Request must be received no later than 45 days after the date of execution of this
Contract. Failure to submit a Reimbursement Request in a timely fashion will result in City taking
the actions outlined in Section 10.1. If expenditures exceed $20,000 per month, Agency may elect
to submit two reimbursement requests per month, with the first reimbursement request being
submitted on the 15th of the month covering expenses paid from the 16th through the end of the
preceding month, and the second reimbursement request being submitted on the 30th of the month
covering expenses paid in the first 15 days of the month. Agency must advise City in writing no
later than 15 days in advance, of its intent to submit two reimbursement requests for any month
during the Contract Term.
9.1.2 City will notify Agency by e-mail if a Reimbursement Request is lacking Complete
Documentation, if additional information is needed to support a previous Disbursement, or if
corrections are needed to Reimbursement Requests or Disbursement Requests. City may make
partial payment on such Disbursement Request or Reimbursement Request based on Agency
submission of a revised Invoice. If Agency fails to submit all the required information or missing
documentation, Agency may, at the City’s sole discretion, forfeit reimbursement of costs that are
not adequately supported with appropriate documentation. Failure to submit any requested
information may, at the City’s sole discretion, be considered an event of default as outlined in
Section 10.1.2.
9.2 Submission of Reimbursement Requests.
Agency shall provide City with Complete Documentation and the following reports as
shown in EXHIBIT “D-1 and D-2” –Reimbursement Forms with each Reimbursement Request:
15
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
9.2.1 Attachment D-1 – Invoice.
This report shall contain the amount requested for reimbursement each month or
partial month, the cumulative reimbursements and disbursements requested to date (inclusive of
that month’s or partial month’s request).
9.2.2 Attachment D-2 – Expenditure Worksheet.
This report shall itemize each operational and administrative expense requested for
reimbursement by Agency and shall include the Account corresponding the expense to a Budget
line item. In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and approved
by supervisor for all payroll expenses listed. Timesheets must distinguish between ERA#2-funded
time and non-ERA#2 funded time (including personnel expenses attributable to the ERA#1
program),and must reflect actual time spent on FWERAP Funds-funded activities. Payroll
expenses dated November 1, 2021 through December 1, 2021 must be submitted for
Reimbursement no later than 45 days after the date of execution of this Contract. All such
previously incurred expenses must be listed as such on Exhibit B, Budget.
9.2.2.2 For non-payroll expenses, invoices for each expense listed with an
explanation as to how the invoiced expense pertains to the Program. Agency may not submit
operational or administrative expense invoices dated 60 calendar days prior to the date of the
Reimbursement Request. Non-payroll expenses dated November 1, 2021 through December 1,
2021 must be submitted for Reimbursement no later than 45 days after the date of execution of
this Contract. All such previously incurred expenses must be listed as such on Exhibit B, Budget.
9.2.2.3 Proof that each expense was paid by Agency, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid receipts or other appropriate
banking documentation. Proof of payment for expenses incurred in the last two months ofContract
Term, must be submitted by Agency no later than thirty days after the end of the Contract Term.
Failure to submit such proof of payment will be grounds for City to deny reimbursement of the
expense.
9.2.3 Exhibit C, Performance Report Form.
This report shall list each Client household served during the reporting period
together with the following information as specified by statute and U.S. Treasury Department
guidance: Address of rental unit; Name and address of landlord or utility provider; Tax ID number,
DUNS number, or Social Security number (as applicable) for each landlord or utility provider;
Amount and percent of monthly rent covered by ERA#2 assistance; Amount and percentage of
separately-stated utility costs covered by ERA#2 assistance; Total amount of each type of
assistance provided to each household (rent, rental arrears, utilities, utilities arrears); Amount of
outstanding rental arrears per household; Number of months of rental or utility payments for which
ERA#2 assistance is provided; Household income and size for each household served; gender, race
and ethnicity for the primary applicant for ERA#2 Assistance. Agency shall maintain a full listing
of all clients that applied for assistance and of clients that were served throughout the contract
period, combining all monthly reports and provide such full list with the final Reimbursement
Request or with proof of payment for the final Reimbursement Request. Agency Performance
16
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Report may include additional information as applicable and as further described in Exhibit A,
Program Summary
9.2.4 Delivery of Reimbursement Request.
Reimbursement Requests must be submitted through required software system
approved by City or in other manner required by City by the deadline(s) in Section 9.1.1.
9.3 Withholding Payment.
Failure to timely submit accurate and complete Disbursement and Reimbursement
Requests and Complete Documentation along with any required reports shall be an event of
default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Reimbursement Request or Required Documentation.
10.1.1 If Agency fails to submit a Disbursement Request or Reimbursement
Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify
Agency in writing of such default and the Agency will have 5 calendar days from the date of the
written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure
the default within such time, Agency may, at the City’s sole discretion, forfeit any payments
otherwise due that month.
10.1.2 If Agency fails to submit requested information or missing documentation
as set forth in Section 9.1.2, then Agency shall forfeit reimbursement for the costs not completely
documented and the failure to submit shall be considered an event of default that shall not be cured.
10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event of
default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections,
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 ERA#2 Funds to Agency for any Reimbursement Request, for which any report or
documentation is not in compliance with this Contract or the ARP Act and related Treasury
Department guidance, or during any period during which Agency is in default of this Contract.
10.1.5 In the event of termination under this Section 10.1, all ERA#2 Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency
shall have no further right to such funds.
10.1.6 Failure to Maintain Records or Submit Reports and Documentation.
If Agency fails to maintain all records and documentation as required in Section 8,
or if the records maintained or reports submitted or documentation is not in compliance with this
Contract or the ARP Act as determined by City in its sole discretion, City will notify Agency in
writing and Agency will have 30 calendar days from the date of the written request to obtain or
recreate the missing records and documentation or submit or resubmit any such report or
17
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
documentation to City. If Agency fails to maintain the required reports or documentation, or fails
to submit or resubmit any such report or documentation within such time, City shall have the right
to terminate this Contract effective immediately upon written notice of such intent with no penalty
or liability to City.
10.1.7 In the event of termination under this Section 10.1, all ERA#2 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 ERA#2 Funds paid to Agency must be repaid to
City within 30 days of termination. If such ERA#2 Funds are not repaid to City within the 30-
day period, City shall exercise all legal remedies available under this Contract.
10.2 In General.
10.2.1 Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or condition
of this Contract. In the event that such a breach remains uncured after 15 calendar days following
written notice by City (or such other notice period as may be specified herein) or, if Agency has
diligently and continuously attempted to cure following receipt of such written notice but
reasonably requires more than 15 calendar days to cure, as determined by both Parties mutually
and in good faith, City shall have the right to elect in City’s sole discretion to (i) extend Agency’s
time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent
to Agency, or (iii) pursue any other legal remedies available to City under this Contract.
10.2.2 City’s remedies may include:
10.2.2.1 Direct Agency to prepare and follow a schedule of actions
for carrying out the affected activities, consisting of schedules, timetables and milestones
necessary to implement the affected activities.
10.2.2.2 Direct Agency to repay all ERA#2 Funds previously paid to
Agency, or Direct Agency to repay any ERA#2 Funds previously paid to Agency which were
found to be inadequately documented.
10.2.2.3 Decline to reimburse any further costs presented by Agency
in further Reimbursement Requests;
10.2.2.4 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment, specific performance, damages,
temporary or permanent injunctions, termination of this Contract or any other contracts with
Agency, and any other available remedies.
10.2.3 In the event of termination under this Section 10.2, all ERA#2 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 ERA#2 Funds already paid to Agency must be
repaid to City within 30 days of the termination. Failure to repay such ERA#2 Funds within the
30 day period will result in City exercising all legal remedies available under this Contract.
18
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
10.3 No Funds Disbursed While in Breach.
Agency understands and agrees that no ERA#2 Funds will be paid to Agency until all
defaults are cured to City’s satisfaction.
10.4 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of the
termination.
10.5 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against Agency,
or which may thereafter accrue because of Agency’s default and this provision shall be in addition
to any and all other rights and remedies available to City under the law. Such termination does
not terminate any provisions of this Contract that have been expressly noted as surviving the term
or termination of the Contract. No delay or omission by City in exercising any right or remedy
available to it under this Contract shall impair any such right or remedy or constitute a waiver or
acquiescence in any Agency default.
10.6 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent default or breach of the same or any other term, covenant
or condition hereof.
10.7 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties, including, but not limited to those set out in this Contract.
10.8 Termination for Cause.
10.8.1 City may terminate this Contract in the event of Agency’s default, inability,
or failure to perform subject to notice, grace and cure periods. In the event City terminates this
Contract for cause, all ERA#2 Funds awarded but unpaid to Agency pursuant to this Contract shall
be immediately rescinded and Agency shall have no further right to such funds and any ERA#2
Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to
repay such ERA#2 Funds within 30 days will result in City exercising all legal remedies available
to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY
TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF
AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR
ERA#2 FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION.
10.8.2 Agency may terminate this Contract if City does not provide ERA#2 Funds
substantially in accordance with this Contract.
10.9 Termination for Convenience.
In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be
terminated in whole or in part only as follows:
19
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
10.9.1 By City with the consent of Agency in which case the Parties shall agree
upon the termination conditions, including the effective date and in the case of partial termination,
the portion to be terminated; or
10.9.2 By Agency upon at least 30 days’ written notification to City, setting forth
the reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. In the case of a partial termination, City may terminate the Contract in
its entirety if City determines in its sole discretion that the remaining portion of the Contract to be
performed or ERA#2 Funds to be spent will not accomplish the purposes for which the Contract
was made.
10.10 Dissolution of Agency 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 ERA#2 Funds are subject to repayment and/or City
may exercise all of its remedies under this Contract.
10.11 Reversion of Assets.
In the event this Contract is terminated with or without cause, all assets acquired by Agency
with the ERA#2 Funds including cash, interest payments from loans or otherwise, all outstanding
notes, mortgages or other security instruments, any accounts receivable attributable to the use of
the ERA#2 Funds, and any real or personal property owned by Agency that was improved with
the ERA#2 Funds shall automatically transfer to City or to such assignee as City may designate.
11. REPAYMENT OF FWERAP FUNDS.
All ERA#2 Funds are subject to repayment in the event the Program does not meet the
requirements of this Contract or the Act. If Agency takes any action that results in the City
being required to repay all or any portion of the ERA#2 Funds to the United States federal
government, Agency agrees it will reimburse City for such repayment. If Agency takes any
action that results in City receiving a finding from the Office of the Inspector General for
the U.S. Treasury Department (“OIG”) about the Program, whether or not repayment of all
or any portion of the FWERAP Funds is required of City, Agency agrees City may require
that Agency repay to City some or all of the administrative and operational expenses paid to
Agency under this Agreement. The Parties agree that City’s damages, in the event of an OIG
finding being made against the City because of Agency’s actions, are uncertain and would be
difficult to ascertain and may include an impact on City’s other federal grant funds, in addition to
any required repayment of funds to the federal government by City. Therefore, the Parties agree
that repayment under this Section by Agency to City of some or all of the administrative or
operational expenses is appropriate and does not constitute 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 ERA#2 Funds
20
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
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
ERA#2 Funds already paid to Agency must be repaid to City within 30 calendar days of
termination under this Section.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable the Act requirements, and
any default and enforcement provisions necessary to enforce such provisions, shall survive the
termination of this Contract for 5 years after the Contract Term ends and shall be enforceable by
City against Agency. For purposes of this Contract, this 5-year period for survival of certain
Contract provisions is deemed to begin on the date after the final date of the full 18-month Contract
Term and end on the date 5 full years after that date regardless of whether or not this Contract is
earlier terminated.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Agency shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
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 Property.
City shall under no circumstances be responsible for any property belonging to Agency, or
its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees
or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR
CONNECTED WITH SUCH PROPERTY.
14.4 Venue.
Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or
in equity, arising out of the execution, performance, attempted performance or non-performance
of this Contract.
21
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
14.5 Governing Law.
This Contract shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution,
performance or non-performance of this Contract or on the basis of any provision herein, for any
issue not governed by federal law, the choice of law shall be the laws of the State of Texas.
14.6 Severability.
The provisions of this Contract are severable, and if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
14.7 Written Agreement Entire Contract.
This written instrument and the Exhibits, Attachments, and Addendums attached hereto,
which are incorporated by reference and made a part of this Contract for all purposes, constitute
the entire agreement by the Parties concerning the work and services to be performed under this
Contract. Any prior or contemporaneous oral or written agreement which purports to vary the
terms of this Contract shall be void. Any amendments to the terms of this Contract must be in
writing and executed by the Parties.
14.8 Compliance with All Applicable Laws and Regulations.
Agency agrees to comply fully with all applicable laws and regulations that are currently
in effect or that are hereafter amended during the performance of this Contract. Those laws
include, but are not limited to:
Section 3201 of the American Rescue Plan Act of 2021
Section 501 of subtitle A of title V of Division N of the Consolidated Appropriations
Act
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including
provisions requiring recipients of federal assistance to ensure meaningful access by
persons of limited English proficiency
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 et seq.)
Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented
by Department of Labor regulations 41 CFR Part 60
The Age Discrimination in Employment Act of 1967
The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24
CFR Part 8 where applicable
Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal status of
its employees
The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and
the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A
Regulations at 31 U. S Code 1352 related to lobbying, including the requirement that
22
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
certifications and disclosures be obtained from all covered persons
Drug Free Workplace Act of 1988 (41 U.S.C. Sections 702 et seq.)
Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
Federal Funding Accountability and Transparency Act of 2006 (“FFATA”) (Pub.L.
109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L.
113-101)
Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
14.9 Prohibition Against Discrimination: General Statement.
Agency shall comply in the execution, performance or attempted performance of
this Contract, with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17,
Article III, Division 4 – Fair Housing of the City Code. Agency may not discriminate against any
person because of race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor
will Agency permit its officers, members, agents, employees, or clients to engage in such
discrimination.
This Contract is made and entered into with reference specifically to Chapter 17, Article
III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees
that Agency, its officers, members, agents, employees and contractors, have fully complied with
all provisions of same and that no employee, or applicant for employment has been discriminated
against under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
14.10 No Discrimination in 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:
Agency agrees that Agency, its Contractors, Subcontractors and/or Vendors will not
unlawfully discriminate against any employee or applicants for employment because of race, color,
sex, gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender. Agency further agrees that Agency,
its Contractors, Subcontractors and/or Vendors will take affirmative action to ensure that
applicants are hired without regard to race, color, sex, gender, religion, national origin, familial
status, disability or perceived disability, sexual orientation, gender identity, gender expression or
transgender and that employees are treated fairly during employment without regard to their race,
color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Agency agrees that Agency, its Contractors,
23
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
Subcontractors and/or Vendors agree to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
Agency, its Contractors, Subcontractors and/or Vendors will, in all solicitations or
advertisements for employees placed by or on behalf of Agency, its Contractors, Subcontractors
and/or Vendors, state that all qualified applicants will receive consideration for employment
without regard to race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
Agency, its Contractors, Subcontractors and/or Vendors covenant that neither it, they, nor
any of their officers, members, agents, employees, or contractors, while engaged in performing
this Contract, shall, in connection with the employment, advancement or discharge of employees
or in connection with the terms, conditions or privileges of their employment, discriminate against
persons because of their age or because of any disability or perceived disability, except on the
basis of a bona fide occupational qualification, retirement plan or statutory requirement.
Agency, its Contractors, Subcontractors and/or Vendors further covenant that neither it,
they, nor their officers, members, agents, employees, contractors, or persons acting on their behalf,
shall specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is based upon a
bona fide occupational qualification, retirement plan or statutory requirement.
14.11 Agency’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.
14.12. Conflicts of Interest and Violations of Criminal Law.
14.12.1 Agency Safeguards.
Agency shall establish safeguards to prohibit its employees, board members, advisors and
agents from using positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they have family,
business or other ties. Agency shall disclose to City any such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
24
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
14.12.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed
officials of City or of Agency who exercise or have exercised any functions or responsibilities with
respect to activities assisted with FWERAP Funds or who are in a position to participate in a
decision-making process or gain inside information with regard to these activities may utilize
FWERAP-funded services, may obtain a financial interest or benefit from a FWERAP Funds-
assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto,
or the proceeds thereunder, either for themselves or those with whom they have family or business
ties, during their tenure or for 1 year thereafter.
14.12.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the
procurement of property and services by Agency.
14.12.3.1 As more particularly described in 2 CFR Part 200.318, Agency
shall maintain and submit to City written standards of conduct covering conflicts of interest and
governing the performance of its employees engaged in the selection, award, and administration
of contracts. No employee, officer, or agent may participate in the selection, award, or
administration of a contract supported by a federal award if he or she has a real or apparent conflict
of interest. The standards of conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of Agency.
14.12.3.2 The officers, employees, and agents of Agency shall neither
solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts.
14.12.3.3 Notwithstanding the prohibition contained in Section 14.12.3.2,
Agency may set standards of conduct for situations in which the financial interest is not substantial
or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by Agency’s officers, employees
or agents.
14.12.3.4 Agency shall maintain written standards of conduct covering
organizational conflicts of interest. “Organizational conflicts of interest” means that because of
relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or
appears to be unable to be impartial in conducting a procurement action involving a related
organization.
14.12.3.5 Agency must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily limited to the following: rationale
for the method of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.13 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to
City in writing any potential conflict of interest.
25
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
14.14 Disclosure of Texas Penal Code and Federal Criminal Law Violations.
Agency affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants. In compliance with 2 CFR Part 200.113, Agency is
required to timely disclose to City all violations of federal criminal law involving fraud, bribery
or gratuity violations potentially affecting the Agency.
14.15 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is applicable
to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard
to following the law, nor from the consequences or penalties for Agency’s failure to follow the
law, if applicable.
14.16 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.
14.17 Right to Inspect Agency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed contracts
between Agency and any contractor or vendor engaged in any activity in conjunction with this
FWERAP-funded Program prior to any charges being incurred.
14.18 Force Majeure
If Agency becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or
prohibitions by any court, board, department, commission or agency of the United States or of any
States, civil disturbances, or explosions, or some other reason beyond Agency’s control
(collectively, “Force Majeure Event”), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such event. Agency will give City written notice
of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after
the occurrence of the event. Failure to give notice will result in the continuance of Agency’s
obligation regardless of the extent of any existing Force Majeure Event. Agency will use
commercially reasonable efforts to remedy its inability to perform as soon as possible.
14.19 Immigration Nationality Act.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Agency shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees. Agency shall establish appropriate procedures and controls so that no services will be
performed by any employee who is not legally eligible to perform such services. Agency shall
provide City with a certification letter that it has complied with the verification requirements
required by this Agreement. Agency shall, to the extent allowed by law, indemnify City from any
26
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
penalties or liabilities due to violations of this provision. City shall have the right to immediately
terminate this Agreement for violations of this provision by Agency.
15. INDEMNIFICATION AND RELEASE.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF
CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY’S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE
IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,
DAMAGE OR DEATH.
AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
27
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
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 $250,000
or greater to insure against loss from the fraud, theft or dishonesty of any of Agency’s officers,
agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to
reimburse City for any and all loss of FWERAP Funds occasioned by such misconduct. To
effectuate such reimbursement, such fidelity coverage shall include a rider stating that
reimbursement for any loss or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely manner, but not later than the Date of Execution
of the Contract, certificates of insurance as proof that it has secured and paid for policies of
commercial insurance as specified herein. If City has not received such certificates by the Date of
Execution of the Contract, Agency shall be in default of the Contract and City may, at its option,
terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract. Agency shall
maintain the following insurance coverage and limits:
Commercial General Liability (CGL) Insurance
$ 500,000 each occurrence
$1,000,000 aggregate limit
Non-Profit Organization Liability or Directors & Officers Liability
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
28
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
$ 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’ Compensation Insurance
Part A: Statutory Limits
Part B: Employer’s Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. Agency or its
contractors shall maintain coverages, if applicable. In the event the respective contractors
do not maintain coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City’s reasonable option and no more
frequently than once every 12 months, and Agency shall revise such amounts within 30 days
following notice to Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Agency’s insurance policies shall be licensed to do business in the state of Texas by
the Department of Insurance or be otherwise eligible and authorized to do business in the state of
Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
29
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
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 FWERAP Funds as provided to property owned by Agency.
18. CERTIFICATION REGARDING LOBBYING.
The undersigned representative of Agency hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of Agency,
to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, member
of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency
shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this Contract was made or entered into. Submission of this certificate is a prerequisite for making
or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
Agency shall require that the language of this certification be included in all subcontracts
or agreements involving the expenditure of federal funds.
30
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
19. LITIGATION AND CLAIMS.
Agency shall give City immediate notice in writing of any action, including any proceeding
before an administrative agency, filed against Agency in conjunction with this Contract or the
Program. Agency shall furnish immediately to City copies of all pertinent papers received by
Agency with respect to such action or claim. Agency shall provide a notice to City within ten (10)
days upon filing under any bankruptcy or financial insolvency provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received 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:
Tarrant County Samaritan HousingKim Robinson, President and Chief Executive
Officer929 Hemphill Street Fort Worth, TX 76104
Telephone: 817-332-6410
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.
31
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
This Contract may be executed in multiple counterparts, each of which shall be considered
an original, but all of which shall constitute one instrument which may be sufficiently evidenced
by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
32
TREASURY ERAP#2 FUNDS CONTRACT-2021
TARRANT COUNTY SAMARITAN HOUSING
IN WITNESS WHEREOF, the Parties hereto have executed 1 original of this Contract
in Fort Worth, Tarrant County, Texas.
Executed effective as of the date signed by the Assistant City Manager below / ACCEPTED
AND AGREED:
City:
By: ___________________________
Name: Fernando Costa
Title: Assistant City Manager
Date: ___________________
Agency:
By: ___________________________
Name: Kim Robinson
Title: President and Chief Executive Officer.
Date: ____________________
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: ______________________________
Name: Victor Turner
Title: Director, Neighborhood Services Dept.
Approved as to Form and Legality:
By: ______________________________
Name: Taylor Paris________________
Title: Assistant City Attorney
Contract Authorization:
M&C: _________
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: ______________________________
Name: Barbara Asbury
Title: Compliance and Planning Manager
City Secretary:
By: ______________________________
Name: Janette Goodall
Title: City Secretary
Kim Robinson (Dec 6, 2021 10:33 CST)
Kim Robinson
Barbara Asbury (Dec 6, 2021 12:38 CST)
Barbara Asbury
Fernando Costa (Dec 6, 2021 18:33 CST)
Jannette S. Goodall (Dec 7, 2021 08:35 CST)
Jannette S. Goodall
21-0816
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
ERAP #2 FUNDS
CONTRACT EXHIBITS:
TARRANT COUNTY SAMARITAN HOUSING
EXHIBIT “A” –Program Summary
EXHIBIT “A-1” – 2021 HUD Income Limits
EXHIBIT “B” – Budget
EXHIBIT “C” – Performance Report Contents
EXHIBIT “D” – Reimbursement Forms
•Exhibit D-1: Invoice
•Exhibit D-2: Expenditure Worksheet
•Exhibit D-3: Disbursement Request (Rent and Utility Expenses Only)
EXHIBIT “E” – Audit Certification Form
EXHIBIT “F” –Duplication of Benefits Certification Form
EXHIBIT “G” --Standards for Complete Cost Documentation
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “A”
TREASURY DEPARTMENT RENTAL
ASSISTANCE – ERA#2
PROGRAM SUMMARY
PROGRAM SUMMARY
December 1, 2021 to May 30, 2023 $3,910,000.00
CONTRACT TERM AMOUNT
Capitalized terms not defined herein shall have meanings assigned them in the Contract.
PROGRAM:
The goal of the program is to provide housing stabilization services through emergency
rental assistance, utility assistance, and related housing services on behalf of income-eligible Fort
Worth residents who have been impacted by COVID-19 in order to help them maintain housing
stability.
The Program provides housing stabilization services to clients by assisting them with
applications for Emergency Rental Assistance, verifying their eligibility under the guidelines of
the Fort Worth Emergency Rental Assistance Program (FWERAP) authorized by Title III, Subtitle
B, Section 3201 of the American Rescue Plan of 2021, making payments to landlords, utility
companies, or related vendors, following up with clients to confirm ongoing housing status, and
re-certifying tenant household eligibility on a quarterly basis if they continue to need rental
assistance. The Program also provides additional housing stabilization services such as
information and referral to various supportive services (including employment and training
services, child care, legal aid, etc.) and direct financial assistance for similar services that remove
barriers to employment and housing stability.
The Program also makes rental and arrears payments directly to eligible tenants when
landlords decline to participate in the program, following Treasury Department guidance for
landlord and tenant communications. The Program also accepts referrals of clients from the City
of Fort Worth and other nonprofit program partners, and makes rental, arrears and utility payments
on their behalf, as needed in order to meet the customer service goals of the Emergency Rental
Assistance Program.
The Program will provide services to clients based on FWERAP Eligibility Guidelines as follows:
•All eligible clients must demonstrate housing instability as established by FWERAP
Policies and Procedures as updated from time to time by City in consultation with program
partners, must document that their financial hardship was caused by and/or is related to the
Coronavirus Pandemic, and/or occurred during the Coronavirus Pandemic, and must have
household incomes under 80% of Area Median Income.
•Eligible clients will receive 3 months’ rent, for the current month and 2 future months, in
addition to payment of all arrearages, as well as any current month’s utility payments
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
(electricity, gas) that have been shown to be past due. The period of assistance may be up
to 18 months (including the period of any rental assistance provided with the City’s first
allocation of Treasury Department Emergency Rental Assistance funds, known as ERA#1)
pending recertification of client eligibility every three months.
•Agency will use Neighborly Software or other application platform designated by the City
of Fort Worth, for processing client applications, communicating with applicants,
documenting case notes for provision of ongoing services or recertifications, maintaining
all required data, and preparing reports.
•Categorical Eligibility demonstrating that client household income is at or below 80% AMI
may be documented through a determination letter from another local, state or federal
government assistance program (such as Supplemental Nutritional Assistance Program –
(SNAP/Food Stamps) within 12 months of date of application, provided the dollar amount
of the household income is indicated on the determination letter.
•Housing instability may be documented by past due rent or utility notice, or other means
as further described in the FWERAP Policies and Procedures and/or Treasury Department
guidance.
•Agency will update client service practices, policies, procedures, and implementation of
the program in accordance with guidance received from the City and the U.S Treasury, as
it is communicated to Agency throughout the term of the Contract.
•Agency will document client need for direct financial assistance for additional housing
stability services at recertification with case notes and supporting cost documentation
uploaded to the client’s case file in Neighborly Software.
The Program will meet the following client service and funds expenditure goals:
Contract
Month Date
Funds
Obligated
(committed
to Specific
Clients)
Number of
Clients
Approved for
Assistance
Number of
Clients
Served
(Received
Assistance)
Percent of
Funds
Expended
Amount of
Funds
Expended
4 3/ 31/ 22 50% 300 200 20% $ 782,000
7 6/30/22 70% 385 250 40% $ 1,564,000
10 9/30/22 90% 475 310 60% $ 2,346,000
13 12/31/22 100% 615 400 75% $ 2,932,500
16 3/31/23 490 90% $ 3,519,000
18 615 100% $ 3,910,000
•NOTE: Above service goals based on levels needed to achieve Agency’s proportionate
share of statutory 50% funds obligation goal as of initial U.S. Treasury deadline of March
31, 2022, and $5,700 average assistance per client per 3-month period of assistance;;
(Number of clients to be served may be adjusted based on overall average assistance
amounts and number of clients approved for 3, 6, or 9 additional months’ assistance.)
Agency’s Program services will be provided at 929 Hemphill Street, Fort Worth Texas, 76104
from 9.00 am to 5:00 pm Monday thru Friday.
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
FWERP Funds will pay for direct costs of delivering the program at outlined on Exhibit B - Budget,
including rental and utility payments to landlords and utility providers, direct financial assistance
for housing stability support, operational costs of providing housing stability services to clients
(intake/referral, case management, etc.) such as salaries and benefits for staff implementing the
program, costs of office supplies, communications, and related operations, and administrative
overhead costs (accounting, audit, supervision, etc.)
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
EXHIBIT "A-1”
2021 HUD INCOME LIMITS
Effective July 1, 2021
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
30% AMI $17,000 $19,400 $21,850 $24,250 $26,200 $28,150 $30,100 $32,050
50% AMI $28,300 $32,350 $36,400 $40,400 $43,650 $46,900 $50,100 $53,350
60% AMI $33,960 $39,820 $43,680 $48,480 $52,380 $56,280 $60,120 $64,020
80% AMI $45,300 $51,750 $58,200 $64,650 $69,850 $75,000 $80,200 $85,350
*Income limits are published at least annually by HUD.
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “B”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERA #2)
Budget
PROGRAM BUDGET
Cost Line Item City of Fort Worth
Treasury Rental
Assistance Funds
Other Funding
Sources
(Donations, etc.)
Total Program
Budget
Program Operational and Housing Stability Costs
Salaries
FICA
Health/Dental/Life/Disability Insurance
Unemployment Insurance
Workers’ Compensation Insurance
Employee Retirement Plan
Staff Training
Office / Program Supplies
Postage
Transportation / Mileage
Contracted Services (Office Temps Etc.)
Communications/Telephone
Computers & Related Equipment
Neighborly Software / Related Client Service
Software Costs
Marketing
Facilities Costs (Rent, Repairs, Utilities, Custodial –
Allocated Portion)
Subtotal, Operations/Housing Stability
Rental Payments (including arrears)
Utility Payments (including arrears)
Housing Stability Direct Client Costs
Subtotal, Direct Program Costs $ 3,850,000.00
FWERAP Administrative Costs
Salaries / Accounting /Mgmt. / Etc
FICA
Health/Dental/Life/Disability Insurance
Retirement
Unemployment/Workers’ Compensation
Contracted Services: Accounting /Audit
Insurance/Bond (Liability, D&O, etc.)
Subtotal, Administrative Costs
GRAND TOTAL $ 3,850,000.00
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
The following tables are sample budget templates for preparing, negotiating, and determining the cost
reasonableness and cost allocation method used by the Agency for the line item budget represented on the
first page of this EXHIBIT “B” – Budget. The information reflected in the tables (in their final form after
negotiation and agency/city approval) is to be considered part of the terms and conditions of the
Contract. Agency must have prior written approval by the City to make changes to any line item in the
Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT “B” –
Budget is 90 days prior to the end of the Contract Term.
SALARY DETAIL - HOUSING STABILITY PROGRAM PERSONNEL
Position Title Annual Salary
Est.
Percent to
Grant Amount to Grant
Prevention Specialist $ 37,440.00 0% $-
Prevention Specialist $ 37,440.00 0% $-
Prevention Specialist $ 41,600.00 0% $-
Director of Programs $ 95,000.00 0% $-
Accounting Assistant $ 35,000.00 0% $-
TOTAL $ 246,480.00 $-
FRINGE DETAIL - HOUSING STABILITY PROGRAM PERSONNEL
Percent of
Payroll Amount
Est.
Percent to
Grant Amount to Grant
FICA 7.65% $ 16,178.22 0.0% $-
Life/Disability Insurance $ 65.00 0.0% $-
Health/Dental Insurance $ 6,715.00 0.0% $-
Unemployment-State
Worker's Compensation
Retirement
TOTAL $ 22,958.22 $-
HOUSING STABILITY SUPPLIES AND SERVICES
Total Budget
Est.
Percent to
Grant Amount to Grant
Office/Program Supplies
Communications / Telephone
Marketing
Computer Equipment
Postage
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Printing
Transportation/ Mileage
Neighborly Software Licenses
Contractual Services
TOTAL $ -
ERAP #2 ADMINISTRATION - SALARY & RELATED
Total Budget
Est.
Percent to
Grant Amount to Grant
Accounting Manager $ 70,000.00 0.0% $ -
Vice President and COO $ 126,236.00 0.0% $ -
President and CEO $ 143,000.00 0.0% $ -
TOTAL $ 339,236.00 0.0% $ -
FRINGE DETAIL - ADMINISTRATION
Percent of
Payroll Amount
Est.
Percent to
Grant Amount to Grant
FICA 7.65% $ 28,629.05 0.0% $ -
Life/Disability Insurance $ 195.00 0.0% $ -
Health/Dental Insurance $ 13,462.00 0.0% $ -
Unemployment-State
Worker's Compensation
Retirement
Staff Training
TOTAL $ 42,286.05 $ -
ERAP #2 DIRECT FINANCIAL ASSISTANCE
Total Budget
Est.
Percent to
Grant Amount to Grant
Utility Assistance
Rental Assistance $ 3,850,000.00 100% $ 3,850,000.00
Client Direct Assistance - Housing
Stability (Cost type must be approved by City
prior to disbursement of funds)
TOTAL $ 3,850,000.00 $ 3,850,000.00
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “C”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERA#2)
Performance Report Contents
Agency shall use Neighborly Software or other designated rental assistance client application
platform to prepare and submit a Performance Report on the beneficiaries served with FWERAP
Funds with each Reimbursement Request, which contains all the data elements listed below.
Data Elements to Be Included Performance Report:
•Total Number of Client Applications Received During the Reporting Period
•Total Number of Client Applications Approved During the Reporting Period
•Total Number of Applications Initiated by Tenants
•Total Number of Applications Initiated by Landlords
•Total Number of Applications Received for the Contract Period (to date)
•Total Number of Client Applications Approved for the Contract Period (to date)
•Client Name or Client File Identification Number
•Income Level of Client Household (at or under 30% AMI, at or under 50% AMI, at or
under 80% AMI)
•Household Size
•Disability Status
•Address of Housing Unit Assisted
•Property Name
•Landlord Name
•Landlord Address and Tax ID /DUNS Number
•Monthly Rent at Housing Unit
•Total Rent Amount Paid
•Total Arrearages Amount Paid
•Total Utilities Amount Paid
•Utility Company Address(es) and Tax ID / DUNS Number
•Total Utility Arrearages By Type (Electricity, Gas, etc.)
•Total Assistance Amount Provided to Household (Rent and Utilities)
•Gender, Race and Ethnicity for the Primary Applicant for Assistance
•Employment/Unemployment Status of Adult Household Member(s)
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “D”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERAP #2)
Reimbursement Forms
EXHIBIT D-2
EXPENDITURE WORKSHEET
Agency:
Program:
Line
No.
Check
No. Date Payee
Description/Purpose
(or Job Title) Amount
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total $ .
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “D”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERA #2)
Reimbursement Forms
EXHIBIT D-3
DISBURSEMENT FORM FOR RENTAL AND UTILITY EXPENSES
Disbursement Request #_________
Client
Identifier
(Case ID /
Last Name)
Housing Unit
Address
(Property
Name,
Street, Apt.#,
Zip)
Rent
Amount
Requested
Number
of Months
Rent
Requested
Arrears
Amount
Requested
Number
of Months
Arrears
Requested
Utilities
Amount
Requested
Number of
Months’
Utilities
Requested
Total
Requested
Totals
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “E”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERA #2)
Audit Certification Form
AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS
Agency Name: Tarrant County Samaritan Housing
Fiscal Year Ending: September 30
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.
Federal Grantor Pass Through
Grantor
Program Name &
CFDA Number
Contract
Number Expenditures
Total Federal Expenditures 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.
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “F”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERAP #2)
Duplication of Benefits Certification
The undersigned certifies the organization for which he/she is the approved signatory will comply with
Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and with Section
1210 of the Disaster Recovery Reform Act of 2018, which require that duplication of benefits will be
prevented in provision of services funded under this contract. The undersigned also certifies that he/she
understands that this means that in providing assistance to eligible populations, grant funds will not be
used to pay costs if another source of financial assistance has paid or will pay that cost. The undersigned
further certifies that no person, household, business, nonprofit organization or government entity will
receive financial assistance from multiple sources (including this contract) for the same purpose such that
the total assistance received for that purpose is more than the total need for assistance. The undersigned
also certifies that as a subrecipient for FWERAP ERA#2 Funds under this contract, the agency has not
received other funds to be used for the same purposes for the same clients for the same time periods in
excess of the total needed for provision of that service. The undersigned further certifies, and agrees, that
if he/she or the organization for which he/she is certifying, subsequently receives a duplicative benefit,
he/she or the organization will repay the funds he/she received under this Agreement to City.
The undersigned further certifies that salary costs proposed to be reimbursed through this contract were
not covered by, and will not duplicate benefits provided by, the Paycheck Protection Loan Program.
All reasonable efforts will be made to exercise due diligence to ensure that no beneficiary of FWERAP
ERA#2 assistance receives duplicate rental or utility assistance for the same time periods from the
following, or any other, sources of emergency rental and emergency utility assistance:
•Texas Rent Relief Program
•Fort Worth Emergency Rental Assistance from ERA#1 funds.
•Community Services Block Grant (CSBG) Program, administered in Tarrant County and Fort
Worth by Community Action Partners (CAP) .
•Comprehensive Energy Assistance Program (CEAP), administered in Tarrant County and Fort
Worth by the Community Action Partners (CAP)
•Catholic Charities, or any other faith-based or other nonprofit organization providing emergency
rental and utility assistance.
•Any other HUD or federal grant program providing emergency rental assistance, such as the
Community Development Block Grant (CDBG-CV), Housing Opportunities for Persons with
AIDS (HOPWA) Program, or Emergency Solutions Grant (ESG) program.
The undersigned certifies that, to date, he/she or the organization he/she represents, has received, or
reasonably anticipates receiving, the following potentially duplicative assistance (if none, leave blank):
Organization:
Typed Name: Title:
Signature: Date:
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Tarrant County Samaritan Housing EXHIBIT “G”
TREASURY DEPARTMENT RENTAL
ASSISTANCE (ERAP #2)
Standards of Documentation
Documentation Standards for
FWERAP Funds Contract Expenses
Budget Line Items
Proof of Payment* Contract/Agreement SAM.gov Search Explanation of how expense is related to Program
Timesheet
Invoice Lease
Salaries
X
X
If an employee works on both a FWERAP Funded Program and another
program funded through other sources, the City will only reimburse for a
reasonably cost-allocated portion of the employee's salary. Prior to the
reimbursement of FWERAP Fund salary expenses, the Agency will provide
the City with a written statement on how each employee's time was
allocated (for previously-incurred expenses) and how the time will be
allocated for the remaining term of the Contract. If an employee works 100%
of their time directly with the City’s FWERAP-funded Program, then 100% of
the employee's salary may be eligible for reimbursement. If the employee’s
staff time is split between delivering services with ERA#1 Funds and ERA#2
Funds, timesheets must reflect this allocation. Agency must submit a written
statement that 100% of the employee's time is spent working directly with
the FWERAP-funded Program, with the first Reimbursement Request.
Statements must be signed by a person authorized to sign on behalf of the
Agency.
Reimbursement requests must include a timesheet and work log that
reflects the hours worked by the employee(s) working directly on the
FWERAP-funded Program. For employees who are paid with multiple funding
sources, timesheets must reflect all funding sources. If separate timesheets
are kept for each funding source, all such timesheets must be submitted to
City. Timesheets must be signed by employee and supervisor. Agency must
show a calculation and documentation of how the employee's salary was
calculated and invoiced to City. *If employees are paid by direct deposit
rather than check, then the agency must submit both the direct deposit
payment company's report (such as an ADT report) and a bank statement or
check showing payment to the direct deposit company.
FICA/Medicare X X
If the City reimburses for gross salary, employee-paid benefit costs are
already included in the total. If the City reimburses for the employer portion,
the Agency must provide documentation verifying that the employee is
enrolled in the benefit plan, documentation of how the invoiced amount was
Life Insurance X X
Health or Disability
Insurance
X
X
Retirement / Pension
Plan
X
X
EMERGENCY RENTAL ASSISTANCE PROGRAM #2 (ERAP#2) CONTRACT 2021-23 – EXHIBITS
Tarrant County Samaritan Housing
Unemployment
Insurance
X
X
calculated, and must provide documentation verifying payment.
Materials, Equipment, Goods and Supplies - City will only reimburse for the approved cost- allocated percentage or amount directly
spent in support of the FWERAP-funded Program. As applicable, agencies must show calculation on how the FWERAP portion of
these expenses were cost-allocated consistently with their use on the FWERAP-Funded program.
Office Supplies X X X
Office Equip. Rental
X
X
X
X
X
Postage X X X
Printing X X X
Supplies
X
X
X
This may include cleaning supplies, program supplies such as teaching aids or
craft materials, and food supplies
Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined
by the square footage occupied by FWERAP- Funded Program staff and shall be cost-allocated in accordance with the amount of space
used for the FWERAP-funded Program. Agency Reimbursement Requests must demonstrate calculation of how the FWERAP portion
of these expenses was cost-allocated consistent with the Contract.
Rent X X X X X City may pay for a portion of the rent for the Program facility so long as it is in
proportion to the square footage attributable to the FWERAP- funded program
and the cost was incurred in order to prevent, prepare for, or respond to the
Coronavirus Pandemic. Facility Maintenance
and Repairs
X
X
X
X This item requires approval by the City prior to the execution of the FWERAP
Contract.
Miscellaneous
Contracted Labor or
Services
X
X
X
X
X
This item requires prior approval by the City. Prior to the execution of the
FWERAP Contract, or submission of reimbursement request for this expense
category, the Agency must provide a written statement that lists the
contractual labor or services expected to be used during the Contract term,
including services such as security services, legal, accounting, transportation
providers, educational facilitators, custodial services, etc.
Agencies may not use the contract services of any City of Fort Worth
Department.
Proof of payment documentation means:
• Image of the check AND bank statement showing the check cleared the bank; OR,
• Image of the cancelled check (ex. At end of bank statement); OR,
• Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR,
For wire or e-transfers: Receipt or statement from payee/vendor OR bank statement.
M&C Review
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29364&councildate=10/19/2021[12/8/2021 2:31:49 PM]
Official site of the City of Fort Worth, Texas
City CounCil AgendA
DATE:10/19/2021 REFERENCE
NO.:
M&C 21-
0816
LOG
NAME:
19TREASURY DEPARTMENT
EMERGENCY RENTAL ASSISTANCE
AWARD #2
CODE:C TYPE:NON-
CONSENT
PUBLIC
HEARING:NO
SUBJECT: (ALL) Ratify Execution of Grant Agreement and Accept the Award of Grant Funds from
the United States Department of the Treasury Provided through Section 3201 of the
American Rescue Plan Act of 2021 in the Amount of $29,071,786.00 for Emergency
Rental Assistance, and Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the execution of the attached Treasury Department Grant agreement;
2. Accept the Emergency Rental Assistance Award from the United States Department of the
Treasury in the amount of $29,071,786.00; and
3. Adopt the attached ordinance increasing the estimated receipts and appropriations in the
Grants Operating Federal Fund, subject to receipt of the grant, in the amount of
$29,071,786.00, for the purpose of funding allowable expenses related to assisting eligible
households with rental assistance and housing stability services.
DISCUSSION:
In March 2021, the American Rescue Plan Act of 2021 was approved by Congress and signed by
the President. This statute was part of the federal government's continued effort to help
communities respond to economic and other impacts of the coronavirus pandemic. Section 3201,
Subtitle B of the Act included authorization of $21.55 billion of additional funds for the Emergency
Rental Assistance (ERA) program which had been previously authorized by the Consolidated
Appropriations Act of 2021 in December of 2020. City Council approved acceptance of the first
ERA award through Mayor and Council Communication (M&C) 21-0111 on February 16, 2021.
This second installment of Emergency Rental Assistance funds, known as ERA2, provided direct
awards to state and local governments based on population, in a manner consistent with the
methodology used for allocating funds under the Coronavirus Aid, Relief, and Economic
Security (CARES) Act and the earlier ERA program. The purpose of the funds continues to be for
financial assistance and housing stability services for low-income households.
Funds will be available through September 30, 2025. Grantees must obligate (place under
contract) 50\% of all funds by March 30, 2022, or funds not obligated may be subject to recapture.
If 75\% of the funds are obligated by September 30, 2022, up to 25\% of the funds may be used for
affordable rental housing and eviction prevention purposes (as defined by the Secretary of the
Department of the Treasury) serving households with incomes under 50\% of the Area Median
Income (AMI) adjusted for family size. Up to 10\% of the funds may be used for Housing
Stabilization programs which assist beneficiary households to maintain their housing over the long
term, including case management. Up to 15\% of the ERA2 funds may be used for grant
administration.
Under ERA and ERA2, eligible renter households must meet the following criteria:
Documentation of household income under 80\% of area median;
One or more persons in the household has qualified for unemployment benefits, or has experienced a
M&C Review
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29364&councildate=10/19/2021[12/8/2021 2:31:49 PM]
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
reduction in income or other financial hardship due to the pandemic; and
Household can provide evidence of housing instability or risk of homelessness such as a past due
utility or rent notice, or other evidence of such risk.
Grantees must prioritize assistance to households that meet either of the following:
household income at or below 50\% of the area median, or
one or more household members is unemployed at the time of application and has been unemployed
for 90 days or longer.
Landlords can apply for assistance on behalf of their tenants if they obtain written authorization
from the tenant and provide the tenant with a copy of all application materials. Assistance may be
provided for up to 18 months, with income recertification required every three months.
The Neighborhood Services Department proposes to administer the ERA2 program in a more
efficient manner than the original ERA program, by providing a common software platform for client
applications and contracting with a single payment vendor to be selected through a competitive
application process and/or maintaining partnerships with current ERA rental assistance partners.
Staff recommends that a Request for Qualifications (RFQ) be issued to identify a viable
organization that will be able to administer the ERA2 program, providing streamlined services to
quickly determine client eligibility and issue rental assistance payments to eligible
clients. Additional staff has been hired within the Neighborhood Services Department to directly
assist clients in completing the application and to ensure effective grant administration.
Staff will provide ongoing updates to City Council via informal reports regarding the RFQ process
and the selected vendor. A report on the status of emergency rental assistance programs provided
in the most recently submitted informal report dated May 11, 2021 is attached to this M&C.
The Neighborhood Services Department shall be responsible for identifying funding sources to
cover expenses incurred in the event the grant funds are not received.
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 an advance grant.
TO
FROM
Submitted for City Manager's Office by:Fernando Costa (6122)
Originating Department Head:Victor Turner (8187)
Additional Information Contact:Terrance Jones (7563)
Sharon Burkley (5785)
M&C Review
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29364&councildate=10/19/2021[12/8/2021 2:31:49 PM]
ATTACHMENTS
19TREASURY DEPARTMENT EMERGENCY RENTAL ASSISTANCE AWARD #2_21001_AO22(r4).docx
ER Rental Assistance Award Terms and Conditions_Countersign.pdf
IR 21-10579 - Status of Emergency Rental Assistance Programs.pdf