HomeMy WebLinkAboutContract 58749 CSC No.58749
SUBGRANT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
CITYSQUARE FOR RENTAL ASSISTANCE AND ADMINISTRATION FOR
HOMELESS YOUTH
This SUBGRANT AGREEMENT for rental assistance and administration
("Agreement")is made and entered into by and between the CITY OF FORT WORTH, a Texas
home rule municipality("City"),and CITYSQUARE,a Texas nonprofit corporation("Agency").
City and Agency are referred to individually as a"Party" and sometimes collectively referred to
as the "Parties."
RECITALS:
WHEREAS, The City has adopted Directions Home: Making Homelessness Rare, Short-
Term and Nonrecurring in Fort Worth within Ten Years as its homelessness plan (the
"Plan" or "Directions Home"). The Plan sets out key strategies that focus on the goal of
ending homelessness and guides the expenditure of City funds on homeless issues (City
Council Resolution No. 3203-05-2005);
WHEREAS, the City of Fort Worth received an award of$129,878.00 from the Texas
Department of Housing and Community Affairs ("TDHCA") through its Homeless
Housing and Services Program ("HHSP-Youth") for serving young adults;
WHEREAS,the purpose of the HHSP award is to provide assistance to reduce or prevent
homelessness;
WHEREAS,the provision of rental assistance to homeless youth is an eligible activity and
in line with the Directions Home plan;
WHEREAS, the Agency is currently providing rental assistance and administration
through HHSP-Youth for at least 10 permanent supportive housing clients per year;
WHEREAS,the Parties believe that the services will further the goals of Directions Home
and desire to enter into this Agreement in order to set out the terms, goals, and
responsibilities of each Party.
NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into
the following Agreement.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Rental Assistance and Administration;
2. Exhibit "A" —Scope of Services; OFFICIAL RECORD
3. Exhibit "B" —Budget; CITY SECRETARY
4. Exhibit "C" —Reimbursement Request Form FT.WORTH,TX
Page 1 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
5. Exhibit "D"—Reporting Forms
6. Exhibit "E" -- Request for Budget Modification Form
7. Exhibit "F"—Required Grant Provisions
8. Exhibit "G" — Executed Contract between Texas Department of Housing and
Community Affairs and City
9. Exhibit"H" - Certification
Exhibits "A"I "B" "C9% "W' "E" "F" "G" and "H" which are attached hereto and
incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict
between the terms and conditions of Exhibits "A" "B" "C" "D" "E" "F" "G" or "H" and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement shall control.
1. SCOPE OF SERVICES.
1.1 Agency shall provide City with rental assistance and administration in order to reduce
the City's population of homeless persons ("Services"), which are more particularly described in
Exhibit "A"— Scope of Service.
1.2 Program Performance.
1.2.1 Agency agrees to maintain full documentation supporting the performance of the
work and fulfillment of the objectives set forth in Exhibit"A."
1.2.2 Agency agrees to provide a monthly report in the form attached as Exhibit "D"
to document the performance of the work described in Exhibit "A".
1.2.3 Agency agreed to provide a quarterly report in the form attached as Exhibit"D"
to document the performance of the work described in Exhibit "A".
1.2.4 Agency agrees that the Reimbursement Request Form and monthly report will be
submitted to City no later than the 15th day after the end of each month. Agency agrees that at the
end of each quarter(November,February,May and August),Agency shall also provide a quarterly
report with the aggregate information requested therein along with its monthly report and
reimbursement request. The Parties agree that the first quarterly report may be provided within
30 days of execution of this Agreement instead of November 2022. Should Agency not be able to
meet these requirements in a given month, the Agency shall provide written notification prior to
the deadline that details the expected date of submission. If no notification is received before the
15th day,the City may document for future corrective action. If,by the last day of the same month,
Agency has not submitted the required reports, City will send a non-compliance letter notifying
Agency's duly authorized representative of a possible suspension of program funding.
1.2.5 Agency agrees to complete a Corrective Action Plan (CAP) in the event of three
(3) consecutive months or six (6) non-consecutive months with incomplete or incorrect
submissions of a Reimbursement Request Form or report. Agency also agrees to complete a
Corrective Action Plan for recurring late submissions of a Reimbursement Request Form or report.
Page 2 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
1.2.6. Agency agrees to comply with all requirements for performance, eligibility, and
reporting as described in Exhibit F—Grant Requirements.
2. TERM.
This Agreement shall begin on September 1, 2022 ("Effective Date") and shall expire on
August 31, 2023 ("Expiration Date"), unless terminated earlier in accordance with this
Agreement. City shall have the option, in its sole discretion, to renew this Agreement under the
same terms and conditions, except for the compensation amount which shall be provided at the
time of the renewal, for 3 additional 1-year terms. Execution of this Agreement after the Effective
Date shall not impact the enforceability of this Agreement.
3. COMPENSATION.
3.1 City shall pay Agency in accordance with the provisions of this Agreement and Exhibit
"B" —Budget. Total payment made by City under this Agreement shall not exceed$129,878.00.
("Program Funds"), and shall be paid to Agency on a reimbursement basis. Agency shall not
perform any additional services for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional
expenses incurred by Agency not specified by this Agreement unless City first approves such
expenses in writing. If City determines in its sole discretion that this Agreement should be renewed
as provided under Section 2 of this Agreement, the City shall provide an updated Exhibit "B",
which shall include the not to exceed amount to be paid to Agency on a reimbursement basis during
the renewal term.
3.2 Payment of the Program Funds from City to Agency shall be made on a cost-reimbursement
basis following receipt by City from Agency of a signed Reimbursement Request Form ("RRF")
as described in Exhibit"C" along with copies of all receipts and other supporting documentation.
The RRF and reports shall be submitted to City no later than the 15th day following the end of the
month. Submittal of a monthly RRF and reports is required even if services are not provided. 3.3
The monthly RRF should be sequentially numbered and include expense documentation that is
detailed, clear and concise. All invoices should be sent electronically to the Directions Home
coordinator and manager. The invoice must contain the following information:
® Supplier Name and Address;
® Remit to Supplier Name and Address, if different;
® Applicable City Department business unit# (i.e. FW019)
® Complete City of Fort Worth PO number (i.e. the PO number
must contain all preceding zeros);
® Invoice number;
® Invoice date; and
® Invoices to be submitted after delivery of the goods or services.
Page 3 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Reimbursements will not be made until after receipt of an acceptable and approved RRF
and monthly report as required. Reimbursements shall be made within 30 days receipt of said
documents. Incomplete or incorrect submissions will be returned to the Agency for resubmission,
restarting the 30-day reimbursement schedule.
3.4 Any modifications in the original approved budget must have prior written permission
from City before the modifications are made. The Budget Modification Form(Exhibit "E")must
be submitted, and request must be approved by City, before any money is moved to the line-item.
Once the Budget Modification is approved,the modified budget will take effect on the first day of
the following month. The new modified budget shall not exceed the total amount of Program
Funds. Agency shall be solely responsible for any money spent in excess of the not to exceed
amount included in this Agreement for the then-current term.
3.5 Agency will document cost allocations for all budgeted expenses throughout the
entirety of the Agreement and will be responsible for having a policy and procedure in place for
this documentation. Specifically, Agency will document how all shared costs, personnel time, or
equipment that was fully or partially paid for using City funds, were used in furtherance of the
program activities described in this Agreement. Documentation of these cost allocations, as well
as a copy of the Agency's policy and procedures for the documentation of the cost allocations shall
be made available to the City upon request.
3.6 The City reserves the right to reject any budget modification that the City believes, in
its sole discretion, is not clearly aligned with the program activities and any requests for
reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit
"D" of this Agreement or an approved budget modification form.
3.7 Budget adjustments shall be submitted via email to Tara.Perez@fortworthtexas.gov.
4. TERMINATION.
4.1. Written Notice. City or Agency may terminate this Agreement at any time and for
any reason by providing the other Party with 60 days' written notice of termination.
4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Agency for services actually rendered up to the
effective date of termination and Agency shall continue to provide City with services requested by
City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Agency shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Agency
has received access to City data as a requirement to perform services hereunder, Agency shall
return all City-provided data to City in a machine-readable format or other format deemed
acceptable to City.
4.3 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, or if TDHCA reduces
Page 4 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
the amount of funds allocated to City for this program, City will notify Agency of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations
were received without penalty or expense to City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated and received by
TDHCA.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Agency hereby represents and warrants to City that
Agency has made full disclosure in writing of any existing or potential conflicts of interest related
to Agency's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Agency hereby agrees to make full disclosure of such
conflict of interest to City immediately in writing.
5.2 Confidential Information. Agency,for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it (i) by City ("City Information") as
confidential and shall not disclose any such information to a third party without City's prior written
approval,and(ii)shall abide by all of the standards of confidentiality of client information("Client
Information")in its performance of its duties and obligations under this Agreement including but
not limited to those standards, rules and regulations regarding confidentiality required by HMIS
and TCHC. Notwithstanding the above,the parties agree that Agency is subject to and will comply
with all requirements of the Texas Public Information Act, and disclosures made in compliance
with such Act involving City Information and Client Information will not be deemed a breach of
this paragraph. "Client Information" is defined for the purposes of this Agreement as personal,
demographic, or treatment data about the individuals being served by the program.
5.3 Unauthorized Access. Agency shall store and maintain City Information and Client
Information in a secure manner and shall not allow unauthorized users to access,modify, delete or
otherwise corrupt City Information or Client Information in any way. Agency shall notify City
immediately if the security or integrity of any City Information or Client Information has been
compromised or is believed to have been compromised, in which event, Agency shall, in good
faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to
protect such City Information or Client Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Agency agrees that City shall, until the expiration of 5 years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said 5 years, have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records, including,but not limited to, all electronic records, of Agency involving transactions
relating to this Agreement at no additional cost to City. Agency agrees that City shall have access
during normal working hours to all necessary Agency facilities and shall be provided adequate and
appropriate work.space in order to conduct audits in compliance with the provisions of this section.
City shall give Agency reasonable advance notice of intended audits.
Page 5 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
This provision shall survive the expiration or termination of this Agreement.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Agency shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Agency shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers,agents,
servants, employees, consultants and sub vendors. Agency acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Agency. It is further understood that City shall in no way be considered a Co-
employer or a Joint employer of Agency or any officers, agents, servants,employees or sub vendor
of Agency. Neither Agency,nor any officers,agents,servants,employees or sub vendor of Agency
shall be entitled to any employment benefits from City. Agency shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents,
servants, employees or sub vendors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY FIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
AGENCY,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION AGENCY HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO AGENCY'S BUSINESSAND ANYRESULTING LOST PROFITS)AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF AGENCY, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
IT IS THE EXPRESS INTENTION OF THE PARTIES,B 0 TH A GENCYAND CITY,
THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY
AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF
CITY'S OWNNEGLIGENCE, WHETHER THAT NEGLIGENCE ISALLEGED TO BE THE
SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH.
Page G of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
AGENCYAGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY,
DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT,
EVENIF 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 INCL UDE IN THEIR CONTRACTS AND SUBCONTRACTS A
RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORMAS ABOVE.
This section shall survive the expiration or termination of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment.anent. Agency shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment,the assignee shall execute a written agreement with City and Agency under which
the assignee agrees to be bound by the duties and obligations of Agency under this Agreement.
Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Agency referencing this Agreement under which subcontractor shall agree
to be bound by the duties and obligations of Agency under this Agreement as such duties and
obligations may apply. Agency shall provide City with a fully executed copy of any such
subcontract.
10. INSURANCE.
Agency shall provide City with certificate(s) of insurance documenting policies of the
following types and minimum coverage limits that are to be in effect prior to commencement of
any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$300,000 - Each occurrence on a combined single limit basis
Page 7 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Coverage shall be on any vehicle used by Agency, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The
term City shall include its employees, officers, officials, agents, and
volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of 30 days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten days' notice shall be acceptable in
the event of non-payment of premium. Notice shall be sent to City as
provided in the Notice section of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do business
in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If
the rating is below that required, written approval of Risk Management is
required.
(e) Any failure on the part of City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Agency has obtained all required
insurance shall be delivered to the City prior to Agency proceeding with
any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Page 8 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Agency agrees that in the performance of its obligations hereunder,it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations, the requirements in
Exhibit F pertaining to performance, reporting, and compliance, and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Agency of any violation of such laws,
ordinances, rules or regulations, Agency shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Agency, for itself, its personal representatives, assigns, sub vendors and successors in
interest, as part of the consideration herein, agrees that in the performance of Agency's duties and
obligations hereunder, it shall not discriminate in the treatment, assistance provided under this
Agreement, or employment of any individual or group of individuals on any basis prohibited by
law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY AGENCY, ITS PERSONAL REPRESENTATIVES,
ASSIGNS, SUB VENDORS OR SUCCESSORS IN INTEREST, AGENCY AGREES TO
ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM, TO THE EXTENT PERMITTED BY LAW.
This section shall survive the expiration or termination of this Agreement.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other Party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or(3)received by the other Party by United States Mail,registered,return receipt
requested, addressed as follows:
To City: To Agency:
City of Fort Worth CitySquare
Neighborhood Services Department Attn: John Siburt, President/CEO
Attn: Tara Perez, Directions Home Manager 1610 S Malcolm X Blvd
908 Monroe Street Dallas, TX 75226
Fort Worth, TX 76102
Phone: (817) 392- 2235
With copy to City Attorney's Office at same
address
14. SOLICITATION OF EMPLOYEES.
Page 9 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Neither City nor Agency shall, during the term of this Agreement and additionally for a
period of 1 year after its termination, solicit for employment,whether as employee or independent
contractor, any person who is employed by the other during the term of this Agreement, without
the prior written consent of the person's employer. Notwithstanding the foregoing, this provision
shall not apply to an employee of either Party who responds to a general solicitation of
advertisement of employment by either Party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, neither the City nor the
Agency waives or surrenders any of their governmental powers or immunities. Notwithstanding
the forgoing,FWHS agrees that if FWHS is a charitable or nonprofit organization and has or claims
an immunity or exemption(statutory or otherwise)from and against liability for damages or injury,
including death, to persons or property, FWHS hereby expressing waives its rights to plead
defensively such immunity or exemption as against the City. This section shall not be constructed
to affect a governmental entity's immunities under constitutional, statutory or common law plead
against any other entity other than the City.
16. NO WAIVER.
The failure of City or Agency to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Agency's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity,legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
19. FORCE MAJEURE.
City and Agency shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of
Page 10 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, epidemics or pandemics,
material or labor restrictions by any governmental authority,transportation problems,restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States, civil disturbances, other national or regional emergencies, and/or any other similar
cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively "Force Majeure Event"). The performance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure Event, and an
explanation as to how it hinders the party's performance, as soon as reasonably possible, as
determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of
notice required by this section shall be the same as section 13 above.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
21. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibits "A", "B", "C", "D", "E", "F" "G", and "H".
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a Party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each Party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits "A", "B", "C", "D", "E", "F", "G" and "H"
contains the entire understanding and agreement between City and Agency, their assigns and
successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provision of
this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute one and
the same instrument.
Page 11 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
25. WARRANTY OF SERVICES.
Agency warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within
30 days from the date that the services are completed. In such event, at Agency's option, Agency
shall either (a) use commercially reasonable efforts to re-perform the services in a manner that
conforms to the warranty, or (b) refund the fees paid by City to Agency for the nonconforming
services.
26. IMMIGRATION NATIONALITY ACT.
Agency shall verify the identity and employment eligibility of its employees who perform
working under this Agreement, including completing the Employment Eligibility Verification
Form (I-9). Upon request by City, Agency shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who perform work under this Agreement.
Agency shall adhere to all Federal and State laws as well as establish appropriate procedures and
controls so that no services will be performed by any Vendor employee who is not legally eligible
to perform such services. AGENCY SHALL, TO THE EXTENT ALLOWEED BY LAW,
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAGH BY AGENCY, AGENCY'S
EMPLOYEES, SUBCONTRACTORS, AGENCTS, OR LICENSEES. City, upon written notice
to Agency, shall have the right to immediately terminate this Agreement for violations of this
provision by Agency.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides,
and documentation, created, published, displayed, and/or produced in conjunction with the
services provided under this Agreement (collectively, "Work Product"). Further, City shall be
the sole and exclusive owner of all copyright, patent,trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of
City from the date of conception, creation or fixation of the Work Product in a tangible medium
of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be
considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended.
If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-
hire" within the meaning of the Copyright Act of 1976, as amended, Agency hereby expressly
assigns to city all exclusive right, title and interest in and to the Work Product, and all copies
thereof, and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights
therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. CHANGE IN COMPANY NAME OR OWNERSHIP
Agency shall notify City's Assistant City Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated city records. The chief
Page 12 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
executive officer of Agency or authorized official must sign the letter. A letter indicating changes
in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action,or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
29. SIGNATURE AUTHORITY AND ELECTRONIC SIGNATURES.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective Party, and that such binding authority has been
granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement
and any amendment hereto, may be executed by any authorized representative of Agency. Each
Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
This Agreement may be executed by electronic signature, which will be considered as an
original signature for all purposes and have the same force and effect as an original signature. For
these purposes, "electronic signature"means electronically scanned and transmitted versions (e.g.
via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted
via software such as Adobe Sign.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
Agency acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Agency certifies that Agency's signature provides
written verification to the City that Agency: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Agency acknowledges that in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Page 13 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Agreement, Agency certifies that Agency's signature provides written verification to the City that
Agency: (1) does not boycott energy companies; and(2)will not boycott energy companies during
the term of this Agreement.
32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Agency acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Agency
certifies that Agency's signature provides written verification to the City that Agency: (1) does not
have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and(2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
33. CONFIDENTIAL INFORMATION
Agency acknowledges that both the Agency and the City are a governmental entity and is
subject to the Texas Public Information Act ("Act"). By executing this agreement, Agency
acknowledges that this agreement will be publicly available on the City's website, and Agency is
therefore waiving any claim of confidentiality,whether based in statute or the common law,to any
and all materials contained as part of this agreement including all documents and information
referenced herein or attached hereto.
34. 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.
[SIGNATURE PAGE TO FOLLOW]
Page 14 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
originals on the date written below their respective signatures to be effective on the Effective Date.
CITY OF FORT WORTH:
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I aclmowledge that I am the person
responsible for the monitoring and administration of
this contract,including ensuring all performance and
By. Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: Jan 20,2023 T04C_ l�
By: Tara Perez(Jan 19,202309:51 CST)
Name: Tara Perez
APPROVAL RECOMMENDED: Title: Directions Home Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Victor Turner
Title: Director,Neighborhood Services By: Jo Gun Jan M,202310:42 CST)
Q.ogvvnnq Name: Jo Ann Gunn
ATTEST: p F FOgro9�p Title: Assistant City Attorney
C F., °•10
Ovo M
CONTRACT AUTHORIZATION:
1� � � aa�n�Exa544p M&C: 22-0683
Cnnoaa
By• 1295:
Name: Jannette S. Goodall
Title: City Secretary
Agency:
Interim CEO Citybquare ATTEST:
;—
By:Mandy Shreve(Jan 19,202309:49 CST) By:
Name: Mandy Shreve Name:
Title: Interim CEO Title:
Date: Jan 19,2023
OFFICIAL RECORD
CITY SECRETARY
CITY OF FORT WORTH FT.WORTH,TX
AGREEMENT FOR HHSP FUNDS—FORT WORTH HOUSING SOLUTIONS
Page 15 of 50
EXHIBIT "A"
SCOPE OF SERVICES
RENTAL ASSISTANCE AND ADMINISTRATION
CitySquare will do the following:
Agency shall comply with all requirements in the attached TDHCA contract, except for those that
require the City of Fort Worth to submit information to TDHCA, including eligible expenses,
programmatic and financial reporting, and compliance—as set forth in Exhibits F and G.
Agency shall pay rental assistance to landlords of HHSP-Youth clients on a continuous basis.
Although the clients may change, Agency shall provide rental assistance to at least 10 clients
during the term of this Agreement.
Eligible clients are those who are literally homeless in the City of Fort Worth, between the ages of
18-24 at program entry, have income at or below 50% of Area Median Income, have assets less
than $10,000 and lack support networks, meet criminal background requirements and be referred
by Tarrant County Homeless Coalition.
Agency shall pay application fees, apartment administrative fees, security deposits, high risk fees
and opportunity fees as funds are available and in consultation with Directions Home staff.
High risk fees are extra charges for tenants without a rental history, with an eviction history, with
a criminal justice history and/or without income.
Agency will:
® Follow all provisions of the Standard Operating Procedures
® Submit complete client packets for all new clients
® Receive referrals from Tarrant County Homeless Coalition(TCHC) and notify TCHC
when slots are open
® Conduct intake to verify client qualifies for HHSP-Youth program;
® Assist clients in gathering necessary information for lease applications and completing
lease applications;
® If client is not approved for a lease based on criminal history, credit history, or
rental/tenant history, a case manager shall help the client, with good faith and due
diligence, mitigate and resolve the issue as quickly and to the extent possible;
® Attend all necessary interviews and meetings between the client and potential or current
Supportive Services Agreement—Exhibits Page 16 of 50
property management;
• As needed, provide assistance to clients to obtain necessary household items;
• Provide support and services consistent with Housing First practices to those clients who
voluntarily choose to utilize such services in the interest of housing retention, including
but not limited to:
o Providing an initial needs assessment and development of individualized client-
based solution centered services plans for each consenting client, including
periodic evaluation and modification of the tenant housing plan
o Refer or facilitate appropriate support services necessary for housing retention
and positive community integration may include, but not be limited to, assistance
with:
• Employment readiness and job search;
• Obtaining employment of obtaining higher paying employment;
• Educational and/or training opportunities;
• Money management and paying rent on time;
• Obtaining mainstream benefits;
• Socialization support;
The case manager will work with clients to develop a plan to increase income within two
weeks of being housed. Increasing income can include obtaining employment, obtaining
higher paying employment, and/or applying for mainstream benefits.
The case manager will offer services once a week for the first three (3) months of tenancy
and then assess clients' needs to determine level of continued support needed and provide
that level of support. However, at a minimum,the case manager must make contact twice
each month with the client, including at least one in-person meeting.
• Enter client records in Homeless Management Information System (HMIS) within three
(3) days of service provision
• Submit on time monthly list of newly housed clients with the date application was
received, date application completed, date given voucher, date of inspection and date
moved in.
• Provide names of all clients
Evaluation:
Evaluation meetings will be held with Directions Home staff to continually evaluate program
and Agency shall comply as necessary and in good faith.
Financial reporting:
Supportive Services Agreement—Exhibits Page 17 of 50
Reimbursement Request and any necessary supporting documentation and reports will be
submitted by the 15t" of every month in format of Exhibit "C".
Programmatic reporting:
Monthly reports will be submitted by the 15"' of every month in format of Exhibit "D".
Quarterly reports will be submitted by the 15t" of November, February, May and August in the
format of Exhibit "D".
The Parties agree that the first quarterlyport maybe provided within 30 days of execution of
this Agreement instead of November 2022.
Supportive Services Agreement—Exhibits Page 18 of 50
EXHIBIT "B"
BUDGET
Agency will submit invoice for reimbursement by the 15t" of the month following the month
services were provided.
This report shall itemize each monthly expense requested for reimbursement by the Agency and
shall be included in Budget submitted. In order for this report to be complete the following must
be submitted:
For payroll expenses,timesheets signed and dated by both the employee and supervisor
with the pr•ograin fiend code of time being billed to City/Directions Home. Electronic
time sheets are acceptable but must show date timestamp of employee submission and
supervisor approval. Paystub must include pay period, date paid, amount and expenses
(salary, FICA, benefits etc.). If pay stubs are unavailable, payroll registries with
applicable expenses highlighted and labeled will suffice. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request
with the exception of the first Reimbursement Request which may include items from
the Effective Date of the Agreement to the end of the reporting month or with written
permission from Directions Home staff so long as such changes are otherwise in
accordance with the Agreement.
For non-payroll expenses, invoices for each expense listed. Agency may not submit
invoices dated 60 calendar days prior to the date of the Reimbursement Request with
the exception of the first Reimbursement Request which may include items from the
Effective Date of the Agreement to the end of the reporting month or with written
permission from Directions Home staff so long as such changes are otherwise in
accordance with the Agreement.
Proof that each expense was paid by the Agency, which proof can be satisfied by
cancelled checks.If a cancelled check is not possible,a bank statement with the expense
highlighted and labeled will suffice.
If allocations percentages are used, all documentation must be submitted with the first
month's invoice and if changes are made,new allocation documentation submitted with
invoice.
For the audit, bank statements showing payments, Form 941 s and allocation
documentation will be reviewed.
Supportive Services Agreement—Exhibits Page 19 of 50
PRO 11 GRAM COSTS Total $129,878.00
A. ADMINISTRATION- SALARIES (By title)
Directions Home Coordinator, HMIS clerk, Housing
Clerk Special Program Manager
SALARIES TOTAL:
ADMINISTRATION- FRINGE BENEFITS
(Can include: Employer-paid Social Security,
Medicare, Health Insurance, Dental Insurance,Vision
Insurance, Life Insurance, Disability Insurance,
Unemployment Insurance, Workers Compensation
and Retirement expenses)
FRINGE BENEFITS TOTAL:
ADMINISTRATION TOTAL:* $12,858.00
B. CASE MANAGEMENT SALARY AND $30,960.00
BENEFITS _
CASE MANAGEMENT TOTAL:** $30,960,00
C. ESSENTIAL SERVICES $250,00
ESSENTIAL SERVICES TOTAL:*** $250,00
D. HOMELESS ASSISTANCE****: $85,810,00
TOTAL PROGRAM COST: $129,878.00
*Administration costs include employee compensation and related costs for staff performance of
management, reporting and accounting of HHSP activities, including office space. Costs
associated with the purchase of licensing of HMIS or an HMIS-comparable databases are eligible
administrative costs.
** Case management costs include staff salaries related to assessing, arranging, coordinating and
monitoring the delivery of services related to finding or maintaining housing. Costs include, but
are not limited to, Household eligibility determination, counseling, coordination services and
obtaining mainstream benefits for Program Participants,monitoring Program Participant progress,
providing safety planning for persons under VAWA, developing a housing and service plan, and
entry into HMIS or an HMIS-comparable database.
*** Essential services costs are associated with finding and maintaining stable housing, and
include, but are not limited to, costs for:
(1) Out-patient medical services;
(2) Childcare;
Supportive Services Agreement—Exhibits Page 20 of 50
(3) Education services;
(4) Legal services;
(5) Mental health services;
(6) Local transportation assistance;
(7) Drug and alcohol rehabilitation; and
(8) Job training
""Homeless Assistance costs are associated with housing relocation,stabilization and assistance
costs. Staff time entering information into HMIS or an HMIS-comparable database related to
homeless assistance is also an eligible cost. Homeless assistance costs include, but are not limited
to, hotel or motel costs; transitional housing; rental and utility assistance; rental arrears; utility
reconnection fees; reasonable and customary security and utility deposits; and moving costs.
Supportive Services Agreement—Exhibits Page 21 of 50
EXHIBIT "C"
REIMBURSEMENT REQUEST FORM
Expenses Name of employee or Amount Date Check
client Invoiced No.
Expense: Salaries
Salary
Salary
Salary
Salary Total:
FICA(Medicare/Social Security)
FICA (Medicare/Social Security)
FICA(Medicare/Social Security)
Health Insurance
Health Insurance
Health Insurance
Dental Insurance
Dental Insurance
Dental Insurance
Life Insurance
Life Insurance
Life Insurance
Disability Insurance
Disability Insurance
Disability Insurance
Retirement
Retirement
Retirement
Unemployment Insurance
Unemployment Insurance
Unemployment Insurance
Workers Compensation
Workers Compensation
Workers Compensation
Total of all Benefits:
Mileage
Mileage
Mileage
Mileage Total:
Cell phone
Cell phone
Supportive Services Agreement—Exhibits Page 22 of 50
Cell phone
Cell Phone Total:
Type of Client
Ex enseNendor
Client Expense Total:
OperationsNendor:
Operations Total:
Other
Other Total:
Total Invoiced Amount
Attestation
Contractor:
Program:
Name of Person submitting
report:
Date Range Covered by this
report:
I have reviewed this report and
certify that it is a complete,
accurate, and up-to-date
reflection of the services
rendered under the terms of our
Agreement with the City of Fort
Worth.
Signature:
Total
A B C D E
Total Previous This Remaining
Budget Reimbursements Month's Total Request Balance Available
Budget Category Amount Requested Request to Date (B+D) (A-D)
Admin -Salaries
Admin - Fringe
Benefits
Admin—Other
Homeless
Assistance
Other
Total
Supportive Services Agreement—Exhibits Page 23 of 50
EXHIBIT "D"
REPORTING FORMS
Quarterly Report
Current Reporting
Quarter
Submitting Agency
Contact Name
Phone Number and
Email
Please include outcome narrative that describes how measure was accomplished for each
quarter.
Effectiveness Measures and Quarterly Outcomes
Measure 1 Agency will serve at least 10 clients with case management and rental assistance
during the contract period (In the notes, list the clients' names (first initial, last name) who
were approved for rental assistance and case management each quarter)
Outcome
Measure 2 At least 90% of clients will sign a lease within 30 days of program enrollment (in
the notes,list the clients'names(first initial, last name)who leased up and the number leased up
in 30 da s vs,the total number leased up thatquarter)
Outcome
Measure 3 Of those who exit the HHSP Youth Project, at least three will maintain housing
for three months after exit. (in the notes,list the clients'names(first initial,last name)who
exited three months prior and the number who were housed vs.the total number who exited three
monthsprior)
Outcome
Measure 4 Less than 15% of clients will return to homelessness one year after program exit
(List the clients who have exited at least one year ago and whether they returned to homelessness)
Outcome
I have reviewed this report and certify that the measures provided are accurate and
appropriately reflect the Directions Home goals set forth in the contract.
Authorized Signatory Signatory Title
Date
Supportive Services Agreement—Exhibits Page 24 of 50
Monthly Report I
Texas Department of Housing and Community Affairs
Supplemental HHSP Monthly Report Collection Form
HHSP Monthly Performance Report
...._...........------------------........_._._........
........._......__......._._....._....._._._...._.._..._.................._........._._._....._._..........._....._...__..._......__._..........._.._.___--__.__.._._.._.__.._....____......_..._..
Teb{<czga�eds Us2itce:ed NNSP Frika
TdslCanP.rts for Persons Enlxrhg . , Pa—fartDiq o
TolnlCunpwrents la Hoovhdds EntelGlg 0 �. lia—held'Emedrrg.�
.rr.>itExs., Ile{eeat.-ets� h>,Ftsh_1.slEG,,Aa�r).�_I ".'0 I LIP,19 ..
Fa-e,[ I 4,14
ri,4 O."o.
iaalReaa I 0 I TotelElUdq I_ 0 _� Total Gender 0 TolelAga 0..
HHSP Youth Set-Aside Reporting
1 Ud.dbtxd SpeNil POPW,tiass-YwNNYro{ Cmp .ro,IXdBe�TwfinY1W CzrrpenerR lv YwAHxadM{Iw,HrddafTtml t��3YM'mN(nYNNOIw:vme ...
Pe snnshallezvla p.:cis'0......E,s.NIJSen4.es-H .ss 0... Esaxr.al ServKs H ass�, Hwme_sEPers� 11 laZ3.
,
Poµlahen pe—a-4a, HH-el—al tls I.aenlns
V,—0 Demesli. ......HA(—lc So.1 O,L1a 1+0 HA 0—axh�..It.mH 55 Hcus ahaW M I f�3s�
1.onrns I'�
Unaccanpv,!W Oiul-4Uals,f a)�. fU P,,Sens-Ran 11M U.)�..NAHooseha'da.Trans.banal tsrr9
Vartmmparted Yoiih('$24) Persons.—Dal l:yid"all, I cte2,.
Pz,entasg ChVren and Ywlb(24aM Casal anESxmmt H 'ess Case H ass
UndeDO Pe,aons� HwseM1cfds�..
eh.`d,en a(Pa—,—.(11-18) ....
Veteraro
HHSP Monthly Expenditure Report
-----------------------------------------------
ORA45S FOR PROJECT ................................_..__...._....__......_...._._......_...._.......
Bam51 Category Blad9ldAloari i D—To Dale AYabbie Bala— Total Al.ftly EryendZl,rea Hon Program FardCl,l 1 Thla D—A.—(
(Admnlshafian I S12858O01 $O00I $t2.653.O01 F7777oN iorp Moo
2 Casa hi aaagemenl Salary 53096000 $o00I $30960.O01 [777777R,iE7777ONi $000
3 (C L t Rsh b€taL rvConselslon I s000l $O00I 5O.O0I Oi-0 er-0 $000
4 IEssa-Services I $250O0I '000I $25o.OoI oto ON $000
5 IHA Flnanclal Ass stance I 565810 O0I s000l $6581O.OJI $000
6 ItiPF clel As.Ianca I $6001 SO OOI SO.ODI ON cN I $000
7 IShe'W Operaliona I so.00I s000l S0,001 LON CN 1 $000
Total II S129.e76.00; 50.001 5129,678.oa1 5O,001 s000l So.O0
Supportive Services Agreement—Exhibits Page 25 of 50
Monthly Report II
If the new Tarrant County Homeless Coalition software system is able to pull data included in
monthly reports included herein and Directions Home staff confirms and agrees in writing, those
reports can be substituted for reports included herein.
Enter all new clients on this report.
Date Date Date
First Last Application Application receive Date of Date
Name Name Agency Received Completed voucher Inspection Moved In
Supportive Services Agreement—Exhibits Page 26 of 50
EXHIBIT "E"
REQUEST FOR BUDGET MODIFICATION FORM
PROGRAM COSTS
Budget Category Approved Budget Change Requested Revised Budget
Administration
Case Management Salaries
Essential Services
Homeless Assistance
Total Costs
® All proposed changes must have prior written City approval
Modification Narrative 'describe in detail what change is for)
I have reviem ed this request and certify that the listed modifications are correct.
Authorized Signatory Title
Date
STAFF USE ONLY
F-1 Modification Approved F-1 Modification NOT Approved
Staff Signature Date
Page 27 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS-CITYSQUARE
EXHIBIT "F"
GRANT REQUIREMENTS
Agency must comply with TDHCA regulations contained or referenced in this Exhibit "F"
or Exhibit "G". As Subgrantee, Agency assumes all responsibilities of the City as
Subrecipient with the exception of expenditure and performance reporting and drawing funds
through the TDHCA Contract System. The following are sections from the contract between
the City and TDHCA attached in Exhibit G, and all cross-references in this Exhibit refer to
the sections in that contract.
Sections from TDHCA Contract No. 63236010006
Section 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS, AND AUDIT
REQUIREMENTS
A. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. Except as
expressly modified by law or the terms of this Contract, Subrecipient shall
comply with the cost principles and uniform administrative requirements set
forth in Chapter 783 of the Texas Government Code and the Texas Grant
Management Standards ("TXGMS"). All references therein to "local
government" shall be construed to mean Subrecipient.
B. AUDIT REQUIREMENTS. In accordance with 10 TAC §1.403(e), if
Subrecipient expends Seven Hundred Fifty Thousand and No/100 Dollars
($750,000.001 or more in state awards, or has an outstanding loan balance
associated with state resources of Seven Hundred Fifty Thousand and No/100
Dollars ($750,000.001 or more with continuing compliance requirements,
or a combination thereof, must have a Single Audit. Subrecipient agrees to
comply with any applicable TXGMS updates that may be released during the
Contract Term. Updates to TXGMS may be found this website:
https:Hcomptroller.texas.gov/purchasing/grant-management/.
C. AUDIT REVIEW. Department reserves the right to conduct additional audits
of the funds received and performances rendered under this Contract.
Subrecipient agrees to permit Department or its authorized representative to
audit Subrecipient's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
Page 28 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
D. AUDIT CERTIFICATION FORM. For any fiscal year ending within or
immediately after the Contract Term, Subrecipient must submit an "Audit
Certification Form" (available from the Department) within sixty (60) days
after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is
required by 2 CFR Part 200, Subpart F, the report must be submitted to the
Federal Audit Clearinghouse ("FAC") the earlier of thirty (30) calendar days
after receipt of the auditor's report or nine (9) months after the end of its
respective fiscal year. As noted in 10 TAC §1.403(f), Subrecipient is required
to submit a notification to Department within five (5) business days of
submission to the FAC. Along with the notice, indicate if the auditor issued a
management letter. If there is a management letter, a copy of the letter must be
sent to the Department. Both the notice and the copy of the management letter,
if applicable, must be submitted to SAandACF&tdhca.state.tx.us.
E. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of
the Texas Government Code, the state auditor may conduct an audit or
investigation of any entity receiving funds from the state directly under any
contract or indirectly through a subcontract under the Contract. The
acceptance of funds by the Subrecipient or any other entity or person directly
under the Contract or indirectly through a subcontract under the Contract
acts as acceptance of the authority of the state auditor, under the direction
of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. Under the direction of the legislative audit
committee, the Subrecipient or other entity that is the subject of an audit or
investigation by the state auditor must provide the state auditor with access
to any information the state auditor considers relevant to the investigation
or audit. Subrecipient shall ensure that this paragraph concerning the
authority to audit funds received indirectly by subcontractors through the
contract and the requirement to cooperate is included in any subcontract it
awards.
F. SUBCONTRACTS. Subrecipient shall include language in any subcontract or
subgrant that provides the Department the ability to directly review,
monitor, and/or audit the operational and financial performance and/or
records of work performed under this Contract.
Page 29 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Section 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements set forth
below and shall maintain fiscal and programmatic records and supporting documentation
for all expenditures of funds made under this Contract in accordance with the TXGMS.
Subrecipient agrees to comply with any changes to the TXGMS recordkeeping
requirements and 10 TAC §7.8. For purposes of compliance monitoring, all associated
documentation must be readily available, whether stored electronically or hard copy to
demonstrate compliance with Subrecipient Performance as outlined in Section 3.
B. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written policies and
procedures to ensure that sufficient records are established and maintained to enable a
determination that HHSP requirements are being met. The written standards must be
applied consistently for all Program Participants. The written standards must include, but
are not limited to Inclusive Marketing as identified in 10 TAC §7.10.
C. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC §7.28(g), Subrecipient
shall maintain Program Participant files, for non-emergency activities providing direct
subsidy to a Program Participant regardless if the client is directly receiving the funds,
that contain the following:
a. An HHSP Intake Application including an area for execution by all adult
Household members (which may include an electronic signature), certifying
the validity of information provided and an area to identify the staff person
completing the intake application, and must provide a space for applicants to
indicate if they are a veteran as required by Section 434.212 of the Texas
Government Code. In addition, the application must include the following
statement: "Important Information for Former Military Services Members.
Women and men who served in any branch of the United States Armed Forces,
including Air Force, Army,Navy, Marines, Coast Guard, Reserves or National
Guard, may be eligible for additional benefits and services. For more
information please visit the Texas Veterans Portal at
Page 30 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
ems://veterans.portal.texas.g_ov/;
b. Certification whereby the Applicant certifies whether they meet
the definition of Homeless or Homeless Individual or At-risk of homelessness
pursuant to 10 TAC §7.2. The certification must include the Program
Participant's signature or legally identifying mark (which may include an
electronic signature);
C. Documentation which demonstrates that the Program
Participant meets income eligibility, if applicable, or, if proof of income
is unobtainable, a Declaration of Income Statement as defined in 10
TAC §7.2;
d. Documentation of annual recertification, as applicable,
including income eligibility and that the Program Participant lacks
sufficient resources and support networks necessary to retain housing
without assistance;
e. Documentation of determination of ineligibility for assistance
when assistance is denied. Documentation must include the reason for
the determination of ineligibility;
f. Copies of all leases and rental assistance agreements for the
provision of rental assistance, documentation of payments made to owners
for the provision of rental assistance, and supporting documentation for
these payments, including dates of occupancy by Program Participants;
g. Documentation of the monthly allowance for utilities used to
determine compliance with the rent restriction; and
h. Documentation that the Dwelling Unit for Program Participants
receiving rental assistance complies with the Housing Standards in 10
TAC §7.29, Shelter and Housing Standards.
D. ACCESS TO RECORDS. Subrecipient shall give the Department, the Auditor of the
State of Texas, the Comptroller of the State of Texas, or any of their duly authorized
representatives, access to and the right to examine and to copy, on or off the premises
of Subrecipient, all records pertaining to this Contract. Such right to access shall
continue as long as the records are retained by Subrecipient. Subrecipient agrees to
Page 31 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
cooperate with any examination conducted pursuant to this Subsection D. Subrecipient
agrees to maintain such records in an accessible location.
E. RECORD RETENTION. Records regarding Program Participant eligibility shall be
retained by Subrecipient for a period of five (5)years. Activities that require a LURA,
must maintain the records until the expiration of the LURA. All other records
pertinent to this Contract shall be retained by Subrecipient for a period of three (3)
years that starts on the day the Single Audit is due or would be due if the Single Audit
requirements are not triggered, except if any litigation, claim, negotiation, audit,
monitoring, inspection or other action has started before the expiration of the
required record retention period. In this case, records must be retained until
completion of the action and resolution of all issues which arise from it, or until the
end of the required recordkeeping period as described herein, whichever is later.
F. OPEN RECORDS. Subrecipient acknowledges that all information collected,
assembled, or maintained by Subrecipient pertaining to this Contract, except records
made confidential by law,is subject to the Texas Public Information Act(Chapter 552
of Texas Government Code) and must provide citizens, public agencies, and other
interested parties with reasonable access to all records pertaining to this Contract
subject to and in accordance with the Texas Public Information Act. Subrecipient
understands that the Department will comply with the Texas Public Information Act
(Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and
opinions of the Attorney General of the State of Texas. Information, documentation, and
other material in connection with this Contract may be subject to public disclosure pursuant
to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas
Government Code, Subrecipient is required to make any information created or
exchanged with the State pursuant to the Contract, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is accessible
by the public at no additional charge to the State.
G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all of its
subcontracts and subgrants.
Page 32 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Section 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary responsibilities of this Contract,including
but not limited to expenditure and performance reporting and drawing funds through
the Department's systems, and only may enter into properly procured contractual
agreements for consulting and other professional services if Subrecipient has received
Department's prior written approval.
B. Subrecipient may subcontract or subgrant for the delivery of client assistance without
obtaining Department's prior approval. HHSP Subrecipient is responsible for ensuring
that subcontractors and subgrantees adhere to the same program requirements and
regulations as apply to the Subrecipient including, but not limited to having
documentation that Subrecipient checked the appropriate federal and state records for
debarred and suspended parties in accordance with TXGMS. Subrecipient must have
processes and procedures in place to monitor subcontractors or subgrantees. Subrecipient
represents and warrant that it will monitor the activities of the Subrecipient as necessary
to ensure that the subaward is used for authorized purposes, in compliance with
applicable statutes,regulations, and the terms and conditions of the subaward, and that
subaward performance goals are achieved. Any subcontract or subgrant for the delivery
of client assistance will be subj ect to monitoring by the Department pursuant to 10 TAC
§7.11.
C. In accordance with 10 TAC §7.7(c), Subrecipient will notify the Department and
provide contact information for subgrants or subcontractors within thirty(30)calendar
days of the effective date of subcontract. Contact information for the entities with
which the Subrecipient subgrants or subcontracts must be provided to the Department,
including: organization name, name and title of authorized person who entered into
the subgrant or subcontract, phone number, e-mail address, and type of services
provided.
D. In no event shall any provision of this Section 15 be construed as relieving
Subrecipient of the responsibility for ensuring that the performances under all
subcontracts and subgrants are rendered so as to comply with all of the terms of this
Contract, as if such performances rendered were rendered by Subrecipient. Department
Page 33 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
maintains the right to monitor and require Subrecipient's full compliance with the terms
of this Contract. Department's approval under this Section does not waive any right of
action which may exist or which may subsequently accrue to Department under this
Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL. STATE AND LOCAL LAW. Subrecipient shall
comply with the State Act,the HHSP State Rules, and all federal
state,and local laws,rules,regulations, and policies in effect
or hereafter established applicable to the performance of
this Contract, including, but not limited to the program
requirements and fair housing laws. Subrecipient represents
and warrants that it will comply with all requirements
imposed by the awarding agency concerning special
requirements of law, program requirements, and other
administrative requirements. In instances where multiple
requirements apply to Subrecipient, the more restrictive
requirement applies. Upon request by Department,
Subrecipient shall furnish satisfactory proof of its
compliance therewith. Subrecipient shall not violate any
federal, state, or local laws, stated herein or otherwise, nor
commit any illegal activity in the performance of or
associated with the performance of this Contract.No funds
under this Contract shall be used for any illegal activity or
activity that violates any federal, state or local laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The
Subrecipient affirms by signing this Contract and the
"Certification Regarding Drug-Free Workplace
Requirements" attached hereto as Addendum B that it is
implementing the Drug-Free Workplace Act of 1988 (41 USC
§701 et seq).
Page 34 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
C. LIMITED ENGLISH PROFICIENCY "(LEP"),. Subrecipients that
interact with program participants must create a Language Access Plan
to provide program applications, forms, and educational materials in
English, Spanish, and any appropriate language, based on the needs of the
service area and in compliance with the requirements in Executive Order
13166 of August 11, 2000. To ensure compliance, the Subrecipient must
take reasonable steps to ensure that persons with LEP have meaningful
access to the program. Meaningful access may entail providing language
assistance services, including oral and written translation, where
necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
(1) General. Subrecipient shall comply with the
information security and privacy requirements under
10 TAC §1.24 to ensure the security and privacy of
Protected Information (as said term is defined under 10
TAC §1.24).
(2) Information Security and Rrivacy Agreement
"ISPAI I Prior to beginning any work under this
Contract, Subrecipient shall either (i) have an
effective, fully executed ISPA, as required by 10
TAC §1.24, on file with the Department, or (ii) will
execute and submit to the Department an ISPA in
accordance with instructions found on the
Department's website at the "Information Security
and Privacy Agreement" link.11
E. AGE DISCRIMINATION. Subrecipient must comply with the Age
Discrimination Act ot 1975 (42
U.S.C. §§ 6101-6107).
Page 35 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
F. AFFIRMATIVE OUTREACH. Subrecipient shall affirmatively
reach out to populations that are least likely to apply for
services as further outlined in 10 TAC §7.10(c)(3).
G. LEAD-BASED PAINT. Subrecipient shall comply with the
Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. §4821
et seq. and 24 CFR Part 35.
H. CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT. Subrecipient represents and warrants that it
will comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C.1251-1387).
I. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT. Subrecipient represents and warrants that if this Contract
involves construction of a project, it will comply with the
requirements of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701-3708) for contracts involving
employment, as applicable.
J. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE
ORGANIZATIONS CHARITABLE TRUSTS,
AND PRIVATE FOUNDATIONS. Subrecipient represents
and warrants that it will comply with Section 2252.906 of the
Texas Government Code relating to disclosure protections for
certain charitable organizations, charitable trusts, and private
foundations.
K. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION.
In accordance with Section 669.003 of the Texas Government
Code, relating to contracting with the executive head of a state
agency, Subrecipient certifies that it is not (1) the executive head
of TDHCA, (2) a person who at any time during the four years
Page 36 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
before the date of the Contract was the executive head of
TDHCA, or (3) a person who employs a current or former
executive head of TDHCA.
L. PREVENTION OF TRAFFICKING. Subrecipient and its
contractors must comply with Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended {22 U.S.C. §7104
et seq.). If Subrecipient or its contractor or subcontractor
engages in,or uses labor recruiters,brokers or other agents who
engage in any of the prohibited activities under Section 106(g) of
the Trafficking Victims Protection Act of 2000,Department may
terminate this Contract and Subrecipient hereby agrees and
acknowledges that upon termination, Subrecipient 's rights to
any funds shall be terminated.
M. PROHIBITED EXPENDITURES
ON CERTAIN
TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT.
1) General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited
from using funds under this Contract for equipment, services, or systems that use the
following covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system in accordance
with Section 889 of Public Law 115-232(National Defense Authorization Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety,security of government facilities,physical
security surveillance of critical infrastructure, and other national security
purposes,video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary
or affiliate of such entities).
c) Telecommunications or video surveillance services provided by such entities
or using such equipment.
Page 37 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
d) Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered
foreign country.
2) Subcontracts.Subrecipient must incorporate this prohibition in any contract
and require its contractors to incorporate this requirement into any contract.
N. UBERSECURITY TRAINING PROGRAM.
1) Subrecipient represents and warrants its compliance with Section 2054.5191
or 2054.5192 of the Texas Government Code relating to the cybersecurity
training program for local government employees who have access to a local
government computer system or database.
2) If Subrecipient has access to any state computer system or database,
Subrecipient shall complete cybersecurity training and verify completion of the
training program to the Department pursuant to and in accordance with Section
2054.5192 of the Government Code.
O. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW.
Subrecipient represents and warrants its compliance with 2 CFR
§200.113 which requires the disclosure in writing of violations of federal
criminal law involving fraud, bribery, and gratuity and the reporting of certain
civil, criminal, or administrative proceedings to SAM.
0. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS CHARIABLE
TRUSTS, AND
PRIVATE FOUNDATIONS. Subrecipient represents and
warrants that it will comply with Section 2252.906 of the Texas Government
Code relating to disclosure protections for certain charitable organizations,
charitable trusts, and private foundations.
P. PROCUREMENT OF RECOVERED MATERIALS. Subrecipient represents
and warrants that it will comply with the requirements of Section 6002 of the
Page 38 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Solid Waste Disposal Act (Chapter 361 of the Texas Health& Safety Code,
formerly Tex. Rev. Civ. Stat. Ann. Art. 4477-7), as amended by the Resource
Conservation and Recovery Act.
Q. RECORDS RETENTION. Subrecipient represents and warrants its
compliance with the records retention requirements of TXGMS. Department
reserves the right to direct a Subrecipient to retain documents for a longer
period of time or transfer certain records to Department custody when it is
determined the records possess longer term retention value. Subrecipient must
include the substance of this clause in all subawards and subcontracts.
SECTION 25. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. Failure to maintain
written standards of conduct and to follow and enforce the written standards is a condition
of default underthis Contract and may result in termination of the Contract or deobligation
of funds.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of
interest would be involved. Such a conflict would arise when the employee, officer, or
agent, any member ofhis or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the Parties indicated herein, has a financial or
other interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept
gratuities,favors, or anything of monetary value from contractors, or parties to sub-
agreements. Subrecipientsmay set standards for situations in which the financial interest is
not substantial or the gift is an unsolicited item of nominal value. The standards of conduct
shall provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of the Subrecipient
D. The provision of any type or amount of HHSP assistance may not be conditioned on an
individual's or family's acceptance or occupancy of emergency shelter or housing owned
by the Subrecipient, Subgrantee or a parent or subsidiary of the Subrecipient.
E.
No Subrecipient may, with respect to individuals or families occupying housing owned by
the Subrecipient, or any parent or subsidiary of the Subrecipient, carry out the initial
intake required forProgram Participant files under Section 9(C) of this Contract.
Page 39 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
F. For transactions and activities other than the procurement of goods and services,no officers,
employees, and agents, including consultants, officers, or elected or appointed officials of
the Subrecipient, Subgrantee, or subcontractor who exercises or has exercised any
functions or responsibilities with respect to activities assisted under HHSP, or who is in
a position toparticipate in a decision-malting process or gain inside information with regard
to activities assisted under the program, may obtain a financial interest or benefit from an
assisted activity; have a financial interest in any contract, subcontract, or agreement with
respect to an assisted activity; or have a financial interest in the proceeds derived from an
assisted activity, either for him or herself or for those with whom he or she has family or
business ties, during his or her tenure or during the one-year period following his or her
tenure.
G. Subrecipient represents and warrants that performance under the Contract will not
constitute an actual or potential conflict of interest or reasonably create an appearance of
impropriety. Further, Subrecipient represents and warrants that in the administration of
the grant, it will comply with all conflict of interest prohibitions and disclosure
requirements required by applicable law,rules, and policies,including Chapter 176 of the
Texas Local Government Code. If circumstances change during the course of the
Contract, Subrecipient shall promptly notify the Department.
SECTION 27. NONDISCRIMINATION,FAIR HOUSING,EQUAL ACCESS AND
EQUAL OPPORTUNITY
A. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment
Opportunity Program in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965, as amended, and its implementing regulations at 41
CFR Part 60.
B. ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility
standards and fair housing requirements under {i) Section 504 of the Rehabilitation Act of
1973 (5 U.S.C. §794) and its implementing regulations at 24 CFR Part 8, (ii) the Fair
Housing Act {42 U.S.C. §3601 et seq.) as implemented by HUD at 24 CFR Parts 100-115,
, (iii) Texas Fair Housing Act {Chapter 301 of the Texas Property Code), (iv) Title VI of
the Civil Rights Act of 1964, as amended {42 U.S.C. §2000d et seq.), and implementing
regulations at 24 C.F.R. Part I, and (v) Titles II and Ill of the Americans with Disabilities
Page 40 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as
implemented by U.S. Department of Justice at 28 CFR Parts 35 and 36.
C. REASONABLE ACCOMODATIONS. Subrecipient shall operate each program or
activity receiving HHSP financial assistance so that the program or activity, when viewed
in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipient
is also required to provide reasonable accommodations for persons with disabilities.
D. GENERAL. Subrecipient shall make known that use of the facilities and services funded
under this Contract are available to all on a nondiscriminatory basis. Subrecipient also
must adopt and implement procedures designed to make available to interested persons
information concerning the existence and location of services and facilities that are
accessible to persons with a disability.
E. AFFIRMATIVELY FURTHERING FAIR HOUSING. By Subrecipient's execution of the
Contract, Subrecipient agrees to affirmatively further fair housing by using funds in a
manner that follows the "State of Texas' Analysis of Impediments" and will maintain
records in this regard.
F. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act
of 1975 (42 U.S.C. §§ 6101-6107).
G. SUBCONTRACTS. Subrecipient will include the substance of this Section 27 in all of its
subcontracts.
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED
PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract, Subrecipient certifies that
neither it nor its current principal employees, board members, agents, or contractors are
presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily
excluded by any federal department or agency as provided on the State of Texas Debarred
Vendor List maintained by the Texas Comptroller of Public Accounts and the System for
Award Management (SAM) maintained by the General Services Administration and in the
Certification Regarding Debarment, Suspension and Other Responsibility Matters attached
Page 41 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
hereto as Addendum C and incorporated herein for all relevant purposes. The terms
"covered transaction", "debarred" "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal",
"proposal", and "voluntarily excluded", as used in the certification attached as
Addendum C, have the meaning set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. Subrecipient also certifies that it will not
award any funds provided by this Contract to any person who is proposed for
debarment under 48 CFR Part 9, subpart 9.4 or that is debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549. Subrecipient agrees that, prior to entering into any
agreement with a potential subcontractors procured by Subrecipient or prior to
awarding funds under this Contract to a potential subgrantee, that the verification
process to comply with this requirement will be accomplished by checking the System for
Award Management("SAM") at www.sam.gov and including a copy of the results in its
project files. After said verification, Subrecipient may decide the frequency by which
it determines the eligibility of its subcontractors during the term of subcontractor's
agreement. Subrecipient may subsequently rely upon a certification of a subcontractor
that is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless
Subrecipient knows that the certification is erroneous.Failure of Subrecipient to furnish
the certification attached hereto as Addendum Coran explanation of why it cannot
provide said certification shall disqualify Subrecipient from participation under this
Contract. The certification or explanation will be considered in connection with the
Department's determination whether to continue with this Contract. Subrecipient shall
provide immediate written notice to Department if at any time Subrecipient learns that
the certification was erroneous when submitted or has become erroneous by reason of
changed circumstances. Subrecipient further agrees by executing this Contract that it
will include the certification provision titled "Certification Regarding Debarment,
Suspension,Ineligibility and Voluntaty Exclusive-Subcontracts," asset out in Addendum
C, without modification, and this language under this Section 28, in all its subawards.
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further
certifies that it is not listed in the prohibited vendors list authorized by Executive
Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons
Page 42 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Who Commit, Threaten to Commit, or Support Terrorism", published by the
United States Department of the Treasury, Office of Foreign Assets Control.
Page 43 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Personal Responsibility and Work Opportunity Act of 1996
By executing this agreement, Agency agrees it will comply with the following:
If an individual is applying for HHSP funds, a Subrecipient must verify that the individual applying for
HHSP funds is a qualified recipient for funding under the Personal Responsibilityand Work Opportunity
Act of 1996 (11 PRWORA 11 Pub. L. 1'04-193, 110 Stat. 2105, codified at 8 U.S.C.§1601 et. seq., as
amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
To ensure that a non-qualified applicant does not receive "public benefits," a political subdivision that
administers "public benefit programs" is required to determine, and to verify,the individual's alienage status
before granting eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient must use the SAVE verificationsystem
to verify and document qualified alien eligibility once access to the system is provided by the Department.
There are certain types of assistance that are not subject to the Act's restriction on access to public benefits
based on immigration status. This includes activities that: (1) deliver in-kind services at the community
level, (2) are necessary for the protection of life or safety, and (3) do not condition the provision of
assistance on the applicant's income or resources. Generally, under the EH Fund State Rules, an activity
that provides a public benefit to a Household that is Homeless is exempt, while an activity that is provided
to a Household that is At-Risk of Homelessness is not exempt. However, if Subrecipient has adopted
income-based criteria for the provision of assistance, then that activity may be subject to the Act. Yet, some
activities do not provide a public benefit to a Household such as a case manager performing a Household
eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C) of the PRWORA also
exempts "public health assistance for immunizations with respect to immunizable diseases and for testing
and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a
communicable disease."
If Subrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the
Department before beginning the activity to receive a written determination
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE)
SYSTEM
Subrecipient shall:
System Use
Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e.g., alien registration number) required by the
SAVE Program;
Page 44 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Physically examine the documentation presented by the applicant and determine whetherthe document(s)
reasonably appear(s) to be genuine and to relate to the individual;
Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient
requests for verification of immigration or naturalized or derived citizenship status information, including
(1) information from the applicant's immigration or naturalization documentation for initial automated
verification, (2) additional information obtained from the alien's immigration or naturalization
documentation for automated additional verification, and
(3) completed Forms G-845 and other documents and information required for manual additional
verification. For manual only verification, ensure that Forms G-845 and other documents and information
required for manual verification are provided;
Ensure that,prior to using the Verification Information System, all employees designated by Subrecipient to
use SAVE on behalf of the Subrecipient (Users) performing verification procedures complete SAVE
required training including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s),
http://www.uscis.gov/save/what-save/save-webinars,and maintaining a working knowledge of requirements
contained therein and in this Contract as updated. Documentation of training must be maintained by the
Subrecipient for monitoring review;
Ensure that Users are provided with and maintain User Ids only while they have a need to perform
verification procedures;
Ensure all Users performing verification procedures comply with all requirements containedin the SAVE
Program Guide, web-based tutorial,this Contract, and updates to these requirements;
Ensure that all Users performing verification procedures have contact information for the SAVE Program
and SAVE Monitoring and Compliance. Contact information can be found at
http://www.uscis.gov/portal/site/uscis/menuitem.eb 1 d4c2a3 e5b9ac89243 c6a7543 f6d 1 a/?vgne
xtoid=Od37dffd79029310VgnVCM100000082ca 60aRCRD&vgnextcha nnel=Od37dffd790293 I OVg
nVCM100000082ca60aRCRD
Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the
applicant requests after the Subrecipient initiates a request for verification;
Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the
eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information
in accordance with this and all other provisions of this Contract
Comply with the requirements of the Federal Information Security Management Act("FISMA") (PL-107-
347), Title 111, Section 301 and OMB guidance as applicable to electronic storage,transport of records between
agencies, and the internal processing of records received by either agency under the terms of this Contract;
Safeguard such information and access methods to ensure that it is not used for any other purpose than
described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any
unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to
information regarding him/herself may do so by submitting a written signed request to DHS-USCIS.
Page 45 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
Instructions for submitting request may be found at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Docu ments/Fact_Sheet_HowToCo
rrectYourRecordswithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online
Resources);
Comply with the Privacy Act, 5 U.S.C. §552a,the Texas Public Information Act and other applicable laws,
regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting
verification procedures pursuant to this Contract, and in safeguarding,maintaining, and disclosing any data
provided or received pursuant to the Contract;
Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE
Program based upon the national origin, color, race, gender, religion, or disability of the applicant;
Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with
adequate written notice of the denial and the information necessary to contact DHS-USCIS so that such
individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process
by which applicants may contact DHS-USCIS is posted at
http://www.uscis.gov[US CISNerification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowTo Co
rTectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online
Resources);
Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the
opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to
correct their records prior to a final decision, if necessary; and
Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility
verification requirements of Section 274A of the Immigration and Nationality Act, 8
U.S.C. §1324a.
Monitoring and Compliance.
Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents
related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including,
but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or
other applicable authority;
Notify the Department's Compliance Division immediately whenever there is reason to believe a violation
of this agreement has occurred;
Notify the Department's Compliance Division immediately whenever there is reason to believe an
information breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of
Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the
Breach of Personally Identifiable Information;"
Allow Department and SAVE Monitoring and Compliance to monitor and review all recordsand documents
related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not
Page 46 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other
applicable authority;
Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or sitevisits to review
Subrecipient's compliance with this Addendum D and all other SAVE-related policy, procedures, guidance
and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data
provided or received pursuant to this Contract;
Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use
and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles
and usage patterns and other relevant data;
Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all
contact persons or other personnel within the Subrecipient's organization or relevant contractors regarding
any and all questions or problems which may arise in connectionwith the Subrecipient's participation in
SAVE;
Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist
SAVE users as necessary to ensure compliance with the terms of this Addendum D and the SAVE Program
requirements by its authorized agents or designees; and
Take corrective measures in a timely manner to address all lawful requirements and recommendations on
every written finding including but not limited to those of the Departmentor SAVE Monitoring and
Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-
compliance with the terms, conditions and safeguards of this Addendum D, SAVE Program procedures or
other applicable law, regulation or policy.
Criminal Penalties.
DHS-USCIS reserves the right to use information from the Department or Subrecipient forany purpose
permitted by law, including, but not limited to, the prosecution of violations of Federal administrative
or criminal law.
The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy
Act, 5 U.S.C. §552a(i)(1}, and that any person who obtains this information under false pretenses or uses it
for any purpose other than as provided for in this Contract may be subject to criminal penalties.
Third Party Liability.
Each party to this Contract shall be solely responsible for its own defense against any claimor action by third
parties arising out of or related to the execution and/or performance of this Contract, whether civil or
criminal, and retain responsibility for the payment of any corresponding liability.
Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or
procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient.
Page 47 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
EXHIBIT "G"
EXECUTED CONTRACT BETWEEN TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS AND THE CITY
Page 49 of 50
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
CSC No.58624
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT NUMBER 18236010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
SECTION 1. PARTIES TO THE CONTRACT
This 2023 Texas Homeless Housing and Services Program ("HHSP") Youth Set-Aside Contract Number
18236010006 ("Contract") is made by and between the Texas Department of Housing and Community
Affairs,a public and official agency of the State of Texas("Department"),and City of Fort Worth, a political
subdivision of the State of Texas("Subrecipient"), hereinafter the"Parties".
SECTION 2. CONTRACT TERM FOR PERFORMANCE AND CLOSE-OUT PROCESS
This Contract shall commence on September 1, 2022 and, unless earlier terminated as provided herein,
terminate as follows: (1) the Subrecipient is permitted to incur allowable expenses under this Contract
until August 31, 2023 ("Contract Term"), and (2) the Department's obligations under the Contract upon
the completion of Subrecipient's performance shall end on November 14,2023,and is conditioned on the
Subrecipient's successful completion of the terms herein ("Close-Out Process").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient agrees to administer a HHSP award in accordance with, but not limited to, Section
2306.2585 of the Texas Government Code("State Act"), Rider 16 from Tex. H.B. 1,Article VII,86th
Leg., R.S. (2019) ("Rider 16"), and the implementing rules under Title 10, Part 1, Chapter 1,
Chapter 2, and Subchapters A and B of Chapter 7,of the Texas Administrative Code ("HHSP State
Rules"), and representations made as part of the Previous Participation and Executive Award
Process, as defined in the HHSP State Rules.
B. Subrecipient agrees to perform all activities in accordance with the terms of the "Performance
Statement" attached hereto as Exhibit A and the "Budget" attached hereto as Exhibit B.
Subrecipient further agrees to comply with the "Certification Regarding Lobbying for Contracts,
Grants, Loans, and Cooperative Agreements" attached hereto as Addendum A;the "Certification
Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B; the
"Certification Regarding Debarment, Suspension and Other Responsibility Matter" attached
hereto as Addendum C;the "PRWORA Requirements" attached hereto as Addendum D; and the
assurances,certifications, and all other statements made by Subrecipient in its application for the
project funded under this Contract, and with all other terms of this Contract. All exhibits and
addendums are attached hereto and incorporated herein for all relevant purposes.
City of Fort Worth
18236010006 1
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
C. Except for changes that are required because of changes described in Section 11(A) of this
Contract or as otherwise specifically described in this Contract, Subrecipient shall implement
HHSP in accordance with the requirements of the HHSP State Rules in effect on July 7, 2022.
D. Performance related to established targets will be reported by Subrecipient in the HHSP Monthly
Performance Report,as such term is defined in 10 TAC§7.2(37)and Section 10(c)of this Contract,
and meeting targets may be considered for future funding opportunities with the Department.
E. All funds must be fully expended within the Contract Term and reported within the Close-Out
Process in accordance with all Exhibits and Addendums of this Contract.The Department reserves
the right to request an Expenditure plan if it appears funds will not be expended within the
Contract Term at the Department's reasonable discretion.
F. Subrecipient activities related to construction, rehabilitation, or conversion of a building or
buildings may require that Subrecipient enter into a Land Use Restriction Agreement ("LURA") in
accordance with 10 TAC§7.3.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall
reimburse Subrecipient for the actual, allowable, and approved costs incurred by Subrecipient in
the amount specified in the Budget.
B. The Contract shall not be construed as creating a debt on behalf of the Department in violation
of Article III, Section 49a of the Texas Constitution. Department's obligations under this Contract
are contingent upon the actual receipt and availability by the Department of adequate HHSP funds
from the legislature. If sufficient HHSP funds are not available to make payments under this
Contract, Department may notify Subrecipient in writing within a reasonable time after such fact
is determined. Department may then terminate this Contract and will not be liable for the failure
to make any payment to Subrecipient under this Contract.
C. Department is not liable for any cost incurred by Subrecipient which:
1) has been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by
any source other than Department;
2) is not an allowable cost,as set forth in the provisions of the State Act and the HHSP State
Rules and Section 8(B) of this Contract;
3) is not strictly in accordance with the terms of this Contract, including the Exhibits;
4) has not been reported to Department within the Close-Out Process of this Contract; or
5) is not incurred during the Contract Term.
D. Department reserves the right to obligate additional funds or deobligate funds and shall notify
the Subrecipient in writing of its decision. Department may consider such factors as the ability to
use grant funds under the HHSP State Rules in a timely manner or Subrecipient's overall
compliance with the terms of this Contract.
E. Department shall not be obligated to pay Subrecipient for any costs incurred by Subrecipient
which are not allowable costs.
City of Fort Worth
18236010006 2
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
F. Notwithstanding any other provision of this Contract, the total of all payments and other
obligations incurred by Department under this Contract shall not exceed the sum of ONE
HUNDRED TWENTY-NINE EIGHT HUNDRED SEVENTY-EIGHT DOLLARS($129,878.00).
G. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for allowable costs actually incurred or performances rendered for activities
specified in the HHSP State Rules.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time
elapsing between the transfer of funds from Department to Subrecipient and the disbursement
of such funds by Subrecipient.
B. METHOD OF PAYMENT. Subrecipient will use a Cost Reimbursement (as such term is defined in
10 TAC§7.2(12)) method of payment for all funds whereby reimbursement of costs incurred by a
Subrecipient is made only after the Department has reviewed and approved backup
documentation provided by the Subrecipient.
C. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are paid in trust
for the exclusive benefit of the eligible Program Participants (as such term is defined in 10 TAC
§7.2(43)) of HHSP services and for the payment of allowable expenditures.
D. OFFSET. At its sole discretion, Department may offset or withhold any amounts otherwise owed
to Subrecipient under this Contract against any amount owed by Subrecipient to Department
arising under this Contract.
E. REFUND. Subrecipient shall refund to the Department any funds which Department determines
has not been spent strictly in accordance with the terms of this Contract.Subrecipient shall make
such refund no later than the date specified in the notice that repayment is required, but if no
date is specified within seven (7) days in accordance with 10 TAC§1.21(e).
SECTION 6. COST PRINCIPLES,ADMINISTRATIVE REQUIREMENTS,AND AUDIT REQUIREMENTS
A. COST PRINCIPLES,ADMINISTRATIVE REQUIREMENTS. Except as expressly modified bylaw or the
terms of this Contract, Subrecipient shall comply with the cost principles and uniform
administrative requirements set forth in Chapter 783 of the Texas Government Code and the
Texas Grant Management Standards ("TXGMS"). All references therein to "local government"
shall be construed to mean Subrecipient.
City of Fort Worth
18236010006 3
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
B. AUDIT REQUIREMENTS. In accordance with 10 TAC §1.403(e), if Subrecipient expends Seven
Hundred Fifty Thousand and No/100 Dollars ($750,000.00) or more in federal and/or state
awards, or has an outstanding loan balance associated with state resources of Seven Hundred
Fifty Thousand and No/100 Dollars ($750,000.00) or more with continuing compliance
requirements, or a combination thereof must have a Single Audit. Subrecipient agrees to comply
with any applicable TXGMS updates that may be released during the Contract Term. Updates to
TXGMS may be found this website: https://comptroller.texas.gov/purchasing/grant-
management/.
C. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds received
and performances rendered under this Contract.Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to obtain any documents,
materials, or information necessary to facilitate such audit.
D. AUDIT CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract
Term, Subrecipient must submit an "Audit Certification Form" (available on the Department's
website)within sixty(60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single
Audit is required by 2 CFR Part 200,Subpart F,the report must be submitted to the Federal Audit
Clearinghouse ("FAC")the earlier of thirty(30) calendar days after receipt of the auditor's report
or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403 (f),
Subrecipient is required to submit a notification to Department within five (5) business days of
submission to the FAC. Along with the notice, indicate if the auditor issued a management letter.
If there is a management letter, a copy of the letter must be sent to the Department. Both the
notice and the copy of the management letter, if applicable, must be submitted to
SAandACF(a@tdhca.state.tx.us.
E. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the Texas Government
Code,the state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under any contract or indirectly through a subcontract under the Contract.The
acceptance of funds by the Subrecipient or any other entity or person directly under the Contract
or indirectly through a subcontract under the Contract acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. Under the direction of the legislative audit
committee,the Subrecipient or other entity that is the subject of an audit or investigation by the
state auditor must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph
concerning the authorityto audit funds received indirectly by subcontractors through the contract
and the requirement to cooperate is included in any subcontract it awards.
F. SUBCONTRACTS. Subrecipient shall include language in any subcontract or subgrant that provides
the Department the ability to directly review, monitor,and/or audit the operational and financial
performance and/or records of work performed under this Contract.
City of Fort Worth
18236010006 4
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. Pursuant to 10 TAC Chapters 2 and 7, Department may terminate or suspend this
Contract, in whole or in part, at any time Department determines that there is cause for
termination. If Subrecipient fails to submit within forty-five(45)calendar days of its due date,any
report in accordance with 10 TAC §7.5 or responses to monitoring reports, Department may, in
its sole discretion, suspend payments, place Subrecipient on Cost Reimbursement method of
payment, and initiate proceedings to terminate any active Contract. In accordance with 10 TAC
§2.202(b)(6), cause for termination includes, but is not limited to, fraud, waste, abuse, fiscal
mismanagement, or other serious Findings in the Subrecipient's performance. Department may
suspend or terminate this Contract, or invoke other remedies in the event monitoring or other
reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails
to correct any deficiency within the time allowed by federal or state law or regulation, or by the
terms of this Contract.
B. SUSPENSION. Nothing in this Section shall be construed to limit Department's authority to
withhold payment and immediately suspend this Contract if Department identifies possible
instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's
performance. Suspension shall be a temporary measure pending either corrective action by
Subrecipient or a decision by Department to terminate this Contract.
C. DEPARTMENT LIABILITY. Department shall not be liable for any costs incurred by Subrecipient
after termination of this Contract or for any costs that are disallowed.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
termination or suspension, Subrecipient shall not be relieved of any liability to Department for
damages by virtue of any breach of this Contract by Subrecipient. Department may withhold any
payment due to Subrecipient until such time as the exact amount of damages due to Department
is agreed upon or is otherwise determined in writing between Parties.
E. FUNDS. Upon termination of this Contract, all funds remaining on hand on the date of
termination, and all accounts receivable attributable to the use of funds received under this
Contract shall transfer back to Department. Subrecipient shall return the remaining funds to
Department within sixty(60) calendar days after the date this Contract terminates.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be
determined in accordance with the provisions of the State Act and the HHSP State Rules, subject
to the limitations and exceptions set forth in this Contract.
B. HHSP general revenue funds may be used for administrative activities as well as allowable
expenditures under this Contract, to include activities outlined in 10 TAC §7.21, provided
Subrecipient receives prior written approval from the Department.
City of Fort Worth
18236010006 5
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements set forth below and
shall maintain fiscal and programmatic records and supporting documentation for all
expenditures of funds made under this Contract in accordance with the TXGMS. Subrecipient
agrees to comply with any changes to the TXGMS' recordkeeping requirements and 10 TAC§7.8.
For purposes of compliance monitoring, all associated documentation must be readily available,
whether stored electronically or hard copy to demonstrate compliance with Subrecipient
performance as outlined in Section 3.
B. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written policies and procedures
to ensure that sufficient records are established and maintained to enable a determination that
HHSP requirements are being met. The written standards must be applied consistently for all
Program Participants. The written standards must include, but are not limited to Inclusive
Marketing as identified in 10 TAC§7.10.
C. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC §7.28(g), Subrecipient shall maintain
Program Participant files, for non-emergency activities providing direct subsidy to a Program
Participant regardless if the client is directly receiving the funds,that contain the following:
(1) An HHSP Intake Application including an area for execution by all adult Household
members (which may include an electronic signature), certifying the validity of
information provided and an area to identify the staff person completing the intake
application, and must provide a space for applicants to indicate if they are a veteran as
required by Section 434.212 of the Texas Government Code. In addition,the application
must include the following statement: "Important Information for Former Military
Services Members. Women and men who served in any branch of the United States
Armed Forces, including Air Force, Army, Navy, Marines, Coast Guard, Reserves or
National Guard,may be eligible for additional benefits and services. For more information
please visit the Texas Veterans Portal at https://veterans.portal.texas.gov/;
(2) Certification whereby the Applicant certifies whether they meet the definition of
Homeless or Homeless Individual or At-risk of homelessness pursuant to 10 TAC§7.2.The
certification must include the Program Participant's signature or legally identifying mark
(which may include an electronic signature);
(3) Documentation which demonstrates that the Program Participant meets income
eligibility, if applicable, or, if proof of income is unobtainable, a Declaration of Income
Statement as defined in 10 TAC§7.2;
(4) Documentation of annual recertification, as applicable, including income eligibility and
that the Program Participant lacks sufficient resources and support networks necessary
to retain housing without assistance;
(5) Documentation of determination of ineligibility for assistance when assistance is denied.
Documentation must include the reason for the determination of ineligibility;
(6) Copies of all leases and rental assistance agreements for the provision of rental
assistance, documentation of payments made to owners for the provision of rental
assistance, and supporting documentation for these payments, including dates of
occupancy by Program Participants;
(7) Documentation of the monthly allowance for utilities used to determine compliance with
the rent restriction; and
City of Fort Worth
18236010006 6
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
(8) Documentation that the Dwelling Unit (as such term is defined in 10 TAC §7.2(14)) for
Program Participants receiving rental assistance complies with the Housing Standards in
10 TAC§7.29, Shelter and Housing Standards.
D. ACCESS TO RECORDS. Subrecipient shall give the Department,the Auditor of the State of Texas,
the Comptroller of the State of Texas or any of their duly authorized representatives, access to
and the right to examine and to copy, on or off the premises of Subrecipient, all records
pertaining to this Contract.Such right to access shall continue as long as the records are retained
by Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant to
this Subsection D.Subrecipient agrees to maintain such records in an accessible location.
E. RECORD RETENTION. Records regarding Program Participant eligibility shall be retained by
Subrecipient for a period of five (5) years. Activities that require a LURA, must maintain the
records until the expiration of the LURA. All other records pertinent to this Contract shall be
retained by Subrecipient for a period of three (3) years that starts on the day the Single Audit is
due or would be due if the Single Audit requirements are not triggered, except if any litigation,
claim, negotiation,audit, monitoring, inspection or other action has started before the expiration
of the required record retention period. In this case, records must be retained until completion
of the action and resolution of all issues which arise from it, or until the end of the required
recordkeeping period as described herein,whichever is later.
F. OPEN RECORDS. Subrecipient acknowledges that all information written, produced, collected,
assembled, or maintained by Subrecipient pursuant to this Contract is subject to the Texas Public
Information Act(Chapter 552 of Texas Government Code)and must be provided to citizens, public
agencies, and other interested parties in accordance with the Texas Public Information Act.
Subrecipient understands that the Department will comply with the Texas Public Information Act
(Chapter 552 of the Texas Government Code)as interpreted by judicial rulings and opinions of the
Attorney General of the State of Texas. In accordance with Section 2252.907 of the Texas
Government Code, Subrecipient is required to make any information created or exchanged with
the State of Texas pursuant to this Contract, available in a format that is accessible by the public
at no additional charge to the State of Texas.A request to the Subrecipient for public information
shall be communicated to Department's contact identified in this Agreement, by the close of
business on the following business day after the request is received.Subrecipient shall not provide
to the requestor any information that was written,produced,collected,assembled,or maintained
under this Contract, but shall respond to the requestor that the request has been forwarded to
Department for processing. After gathering all information that is responsive to the request, but
in no event later than five (5) business days after receiving the information request, Subrecipient
shall send the information to Department. Subrecipient shall timely contact Department if there
will be any delay in sending the information request or responsive documents to Department.
G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all of its
subcontracts and subgrants.
SECTION 10. REPORTING REQUIREMENTS
A. DATA COLLECTION. In accordance with 10 TAC §7.6, Subrecipient must ensure that data on all
persons served and all activities assisted under Homeless Programs is entered into the applicable
HMIS,or HMIS-comparable database for domestic violence or legal service providers.
City of Fort Worth
18236010006 7
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
B. REPORT CONDITIONS. Subrecipient shall submit to Department such reports on the performance
of this Contract as may be required by Department including, but not limited to, the reports
specified in this Section.Subrecipient represents and warrants that it will submit timely,complete,
and accurate reports in accordance with the Contract and maintain appropriate backup
documentation to support any assertions made in the reports
C. MONTHLY REPORTS. In accordance with 10 TAC §7.5(b), Subrecipient must submit a Monthly
Performance Report and a Monthly Expenditure Report through the Contract System, as such
terms are defined in 10 TAC §7.2 not later than the last day of each month which reflects
performance and expenditures conducted in the prior month.
D. BIENNIAL REPORTING. In accordance with 10 TAC §7.5(h)(2), HHSP Subrecipient will submit
information to the Department for biennial reporting to the Texas Legislature.
E. CONSTRUCTION ACTIVITIES. In accordance with 10 TAC§7.3(c), if Subrecipient intends to expend
funds for new construction, rehabilitation, or conversion,Subrecipient must submit a copy of the
activity budget inclusive of ail sources and uses of funding, documents for a construction plan
review, and identification of the entity and signature authorization of the individual (name and
title) that will execute the LURA. These documents must be submitted no less than ninety (90)
calendar days prior to the end of the Contract Term under which funds for the activity are
provided. The Department may elect to reconsider award amounts if financial resources other
than those presented in the Application are subsequently committed to an activity.
F. FINAL INSPECTION REPORT. A Subrecipient must request a final construction inspection within
thirty (30) calendar days of construction completion. The inspection will cover the Shelter and
Housing Standards,Uniform Physical Construction Standards,2015 International Residential Code
(or municipality adopted later version), Minimum Energy Efficiency Requirements for Single
Family Construction Activities, and the Accessibility Standards in Title 10, Part 1, Chapter 1,
Subchapter B, of the Texas Administrative Code, as applicable for the activity.
G. REPORTS ON DISASTER RECOVERY AND CONTINUTITY. . Upon request of the Department,
Subrecipient shall provide copies of its most recent business continuity and disaster recovery
plans.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the terms
of this Contract required by a change in federal or state law regulation is automatically
incorporated herein and is effective on the date designated by such law or regulation without the
requirement of a written amendment hereto but may be further evidenced by a written
amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
City of Fort Worth
18236010006 8
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BAO1O
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic
transmission, the signing party intends the copy of its authorized signature printed by the
receiving machine or the electronic transmission,to be its original signature.
D. REQUESTS. Amendment requests may be considered at the discretion of the Department in
accordance with 10 TAC§7.4(e).
SECTION 12. PROGRAM INCOME
A. In accordance with 10 TAC§7.25, program income includes but is not limited to: income from fees
for services performed,the use or rental or real or personal property acquired under this award,
the sale of commodities or items fabricated under this award, , and from payments of principal
and interest on loans made with this award, where authorized. Security and utility deposits paid
should be a grant to the Program Participant and are not considered program income if they
remain with the Program Participant, and are returned only to the Program Participant.
B. Program income that is received during the Contract Term must be used for allowable
expenditures as described in Section 8 of this Contract.
C. Program income that is received after the Contract Term, or not expended within the Contract
Term must be returned to the Department within ten (10)calendar days of receipt.
SECTION 13. INDEPENDENT CONTRACTOR
It is agreed that Department is contracting with Subrecipient as an independent contractor.To the extent
authorized by law, Subrecipient agrees to indemnify Department against any disallowed costs or other
claims which may be asserted by any third party in connection with the services to be performed by
Subrecipient under this Contract.
SECTION 14. PURCHASE AND PROCUREMENT STANDARDS
Subrecipient shall comply with TXGMS, 10 TAC §1.404, this Contract, and all applicable state, and local
laws, regulations, and ordinances for making procurement transactions and purchases under this
Contract.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary responsibilities of this Contract, including but not
limited to expenditure and performance reporting and drawing funds through the Department's
systems, and only may enter into properly procured contractual agreements for consulting and
other professional services if Subrecipient has received Department's prior written approval
City of Fort Worth
18236010006 9
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
B. Subrecipient may subcontract or subgrant for the delivery of client assistance without obtaining
Department's prior approval. Subrecipient is responsible for ensuring that subcontractors and
subgrantees adhere to the same program requirements and regulations as apply to the
Subrecipient including, but not limited to confirmation that Subrecipient checked the appropriate
federal and state records for debarred and suspended parties in accordance with TXGMS.
Subrecipient must have processes and procedures in place to monitor subcontractors or
subgrantees. Subrecipient represents and warrants that it shall monitor the activities of the
subcontractors or subgrantees to ensure that the subaward is used for authorized purposes,
according to applicable statutes, regulations, and the terms and conditions of the subaward, and
that subaward performance goals are achieved. Any subcontract or subgrant for the delivery of
client assistance will be subject to monitoring by the Department pursuant to 10 TAC§7.11.
C. In accordance with 10 TAC§7.7(c), Subrecipient will notify the Department and provide contact
information for subgrants or subcontractors within thirty(30) calendar days of the effective date
of subcontract. Contact information for the entities with which the Subrecipient subgrants or
subcontracts must be provided to the Department, including: organization name, name and title
of authorized person who entered into the subgrant or subcontract, phone number, e-mail
address, and type of services provided.
D. In no event shall any provision of this Section 15 be construed as relieving Subrecipient of the
responsibility for ensuring that the performances under all subcontracts and subgrants are
rendered so as to comply with all of the terms of this Contract, as if such performances rendered
were rendered by Subrecipient. Department maintains the right to monitor and require
Subrecipient's full compliance with the terms of this Contract. Department's approval under this
Section does not waive any right of action which may exist or which may subsequently accrue to
Department under this Contract.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than forty-
five (45) calendar days after the termination of this Contract a cumulative inventory report of all
real property and equipment acquired in whole or in part with funds received under this Contract
or previous HHSP contracts. Upon the termination of this Contract, Department may demand the
transfer of title to any equipment to the Department or to any other entity receiving HHSP funds
from the Department.
B. When the Subrecipient no longer needs equipment purchased with HHSP grant funds, regardless
of purchase price,or upon the termination of this Contract, Department may take possession and
demand the transfer of title to any such property or equipment to the Department or to a third
party or may seek reimbursement from Subrecipient of the current unit price of the item of
equipment, in Department's sole determination. Subrecipient must request permission from the
Department to transfer title or dispose of equipment purchased with HHSP grant funds.
SECTION 17. TRAVEL
Subrecipient shall abide by travel policies that adhere to TXGMS and the State of Texas travel rules and
regulations found on the Comptroller of Public Accounts website at www.cpa.state.tx.us for any travel
funded by this Contract either directly or indirectly.
City of Fort Worth
18236010006 10
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
SECTION 18. BONDING AND INSURANCE REQUIREMENTS
A. INSURANCE REQUIREMENTS. Notwithstanding hereinabove, Subrecipient is a self-funded entity
in accordance with Chapter 2259 of the Texas Government Code subject to statutory tort laws
and, as such, generally, it does not maintain commercial general liability insurance and/or
worker's compensation claims.
B. BONDING REQUIREMENTS. Subrecipient must comply with the bond requirements Articles 2252,
2253, and 5160 of Texas Civil Statutes, and §252.044 and Section 262.032 of the Local
Government Code. If Subrecipient will enter into a public works contract with a third-party in the
amount of Fifty Thousand and No/100 Dollars($50,000.00)or greater,Subrecipient must execute
with the contractor a payment bond in the full amount of the contract. If the Subrecipient will
enter into a contract with a prime contractor in excess of One Hundred Thousand and No/100
Dollars ($100,000.00), a performance bond in the full amount of the contract is also required.
These bonds must be executed by a corporate surety authorized to do business in Texas, a list of
which may be obtained from the State Insurance Department.Such assurances of completion will
run to the Department as obligee and must be documented prior to the start of construction.This
bonding requirement applies as set forth in 10 TAC§1.405 and to the extent required by federal
or state law.
SECTION 19. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or
administrative agency against Subrecipient arising out of the performance of this Contract or any
subcontract or subgrant hereunder. Subrecipient shall furnish to Department copies of all pertinent
papers received by Subrecipient with respect to such action or claim.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
A. Department may provide technical guidance to explain the rules and provide directions on terms
of this Contract.
B. Department or its designee may conduct periodic on-or off-site monitoring and evaluation of the
efficiency, economy, and efficacy of Subrecipient's performance of this Contract in accordance
with the HHSP State Rules. Department will advise Subrecipient in writing of any deficiencies
noted during such monitoring. Department will suggest or require changes in Subrecipient's
program implementation or in Subrecipient's accounting, personnel, procurement, and
management procedures in orderto correct any Observations,Concerns,or Findings. Department
may conduct follow-up visits to review and assess the efforts Subrecipient has made to correct
previously-noted Observations, Concerns, or Findings.
C. Department may suspend or terminate this Contract, or invoke other remedies in the event
monitoring or other reliable sources reveal material deficiencies in Subrecipient's performance or
if Subrecipient fails to correct any deficiency within the time allowed by federal or state law or
regulation, or by the terms of this Contract.
SECTION 21. LEGAL AUTHORITY
City of Fort Worth
18236010006 11
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
A. LEGAL AUTHORITY. Subrecipient represents that it possesses legal authority to apply for the
grant. A resolution, motion or similar action has been duly adopted or passed as an official act of
the Subrecipient's governing body, authorizing the filing of the contract, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative, or the designee of Subrecipient to act in connection with
the contract and to provide such additional information as may be required. Subrecipient assures
and guarantees that it possesses the legal authority to enter into this Contract, to receive and
manage the funds authorized by this Contract, and to perform the services Subrecipient has
obligated itself to perform hereunder.The execution, delivery, and performance of this Contract
will not violate Subrecipient's constitutive documents or any requirement to which Subrecipient
is subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in
accordance with its terms.
B. DULY AUTHORIZED• GOOD STANDING. Subrecipient is and will continue to remain organized,
validly existing and in good standing under the laws governing its creation and existence,and will
continue to be duly authorized and qualified to transact any and all applicable business
contemplated hereunder in the State of Texas. Subrecipient possesses and will continue to
possess all requisite authority, power,licenses, permits and franchises to conduct its business and
to execute,deliver and comply with its obligations under the terms of this Contract,the execution,
delivery and performance of which have been or will be duly authorized by all necessary action.
C. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby
warrants that he/she has been duly authorized by Subrecipient's governing body to execute this
Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms,
provisions and performances herein.
D. TERMINATION• LIABILITY Department shall have the right to terminate this Contract if there is a
dispute as to the legal authority of either Subrecipient or the person signing this Contract on
behalf of Subrecipient to enter into this Contract or to render performances hereunder.
Subrecipient is liable to Department for any money it has received from Department for
performance of the provisions of this Contract, if the Department has terminated this Contract
for reasons enumerated in this Section 21.
E. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract if
the Subrecipient liquidates,terminates, dissolves, merges, consolidates or fails to maintain good
standing in the State of Texas, and such is not cured prior to causing material harm to
Subrecipient's ability to perform under the terms of this Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL STATE AND LOCAL LAW. Subrecipient shall comply with the State Act, the HHSP State
Rules, and all federal, state, and local laws, rules, regulations, and policies in effect or hereafter
established applicable to the performance of this Contract, including, but not limited to the
program requirements and fair housing laws. Subrecipient represents and warrants that it will
comply with all requirements imposed by the awarding agency concerning special requirements
of law, program requirements, and other administrative requirements. In instances where
City of Fort Worth
18236010006 12
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
multiple requirements apply to Subrecipient, the more restrictive requirement applies. Upon
request by Department, Subrecipient shall furnish satisfactory proof of its compliance therewith.
Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor
commit any illegal activity in the performance of or associated with the performance of this
Contract. No funds under this Contract shall be used for any illegal activity or activity that violates
any federal, state or local laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the
"Certification Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B
that it is implementing the Drug-Free Workplace Act of 1988(41 USC§701 et seq).
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipients that interact with Program Participants
must create a Language Access Plan to provide program applications, forms, and educational
materials in English, Spanish, and any appropriate language, based on the needs of the service
area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To
ensure compliance,the Subrecipient must take reasonable steps to insure that persons with LEP
have meaningful access to the program. Meaningful access may entail providing language
assistance services, including oral and written translation,where necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
(1) General. Subrecipient shall comply with the information security and privacy
requirements under 10 TAC §1.24 to ensure the security and privacy of Protected
Information (as said term is defined under 10 TAC§1.24).
(2) Information Security and Privacy Agreement("ISPA"). Prior to beginning any work under
this Contract, Subrecipient shall either (i) have an effective, fully executed [SPA, as
required by 10 TAC§1.24, on file with the Department, or (ii) will execute and submit to
the Department an ISPA in accordance with instructions found on the Department's
website at the "Information Security and Privacy Agreement" link."
E. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§6101-6107).
F. AFFIRMATIVE OUTREACH. Subrecipient shall affirmatively reach out to populations that are least
likely to apply for services as further outlined in 10 TAC§7.10(c)(3).
G. LEAD-BASED PAINT. Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention
Act, 42 U.S.C. §4821 et seq. and 24 CFR Part 35.
H. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. Subrecipient represents and
warrants that it will comply with all applicable standards, orders, or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387).
I. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Subrecipient represents and warrants
that if this Contract involves construction of a project, it will comply with the requirements of the
City of Fort Worth
18236010006 13
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts involving
employment, as applicable.
J. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS CHARITABLE TRUSTS
AND PRIVATE FOUNDATIONS. Subrecipient represents and warrants that it will comply with
Section 2252.906 of the Texas Government Code relating to disclosure protections for certain
charitable organizations, charitable trusts, and private foundations.
K. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION. In accordance with Section 669.003 of the
Texas Government Code, relating to contracting with the executive head of a state agency,
Subrecipient certifies that it is not (1) the executive head of a state agency, (2) a person who at
any time during the four years before the date of the Contract was the executive head of a state
agency,or(3) a person who employs a current or former executive head of TDHCA.
L. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g)
of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If
Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers or
other agents who engage in any of the prohibited activities under Section 106(g)of the Trafficking
Victims Protection Act of 2000, Department may terminate this Contract and Subrecipient hereby
agrees and acknowledges that upon termination, Subrecipient 's rights to any funds shall be
terminated.
M. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES AND EQUIPMENT.
1) General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited
from using funds under this Contract for equipment, services, or systems that use the
following covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system in accordance
with Section 889 of Public Law 115-232 (National Defense Authorization Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hil(vision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
c) Telecommunications or video surveillance services provided by such entities or
using such equipment.
d) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to,the government of a covered foreign country.
City of Fort Worth
18236010006 14
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
2) Subcontracts. Subrecipient must incorporate this prohibition in any contract and require
its contractors to incorporate this requirement into any contract.
N. CYBERSECURITY TRAINING PROGRAM.
1) Subrecipient represents and warrants its compliance with Section 2054.5191 or
2054.5192 of the Texas Government Code relating to the cybersecurity training program
for local government employees who have access to a local government computer system
or database
2) If Subrecipient has access to any state computer system or database, Subrecipient shall
complete cybersecurity training and verify completion of the training program to the
Department pursuant to and in accordance with Section 2054.5192 of the Government
Code.
0. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW. Subrecipient represents and warrants
its compliance with 2 CFR§200.113 which requires the disclosure in writing of violations of federal
criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or
administrative proceedings to SAM, as defined herein.
P. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS CHARIABLE TRUSTS AND
PRIVATE FOUNDATIONS. Subrecipient represents and warrants that it will comply with Section
2252.906 of the Texas Government Code relating to disclosure protections for certain charitable
organizations,charitable trusts, and private foundations.
PROCUREMENT OF RECOVERED MATERIALS. Subrecipient represents and warrants that it will
comply with the requirements of Section 6002 of the Solid Waste Disposal Act (Chapter 361 of
the Texas Health&Safety Code,formerly Tex. Rev.Civ.Stat.Ann.Art.4477-7),as amended by the
Resource Conservation and Recovery Act.
Q. RECORDS RETENTION. Subrecipient represents and warrants its compliance with the records
retention requirements of TXGMS. The Department reserves the right to direct a Subrecipient to
retain documents for a longer period of time or transfer certain records to Department custody
when it is determined the records possess longer term retention value. Subrecipient must include
the substance of this clause in all subawards and subcontracts.
SECTION 23. PREVENTION OF WASTE, FRAUD,AND ABUSE
A. Subrecipient shall establish, maintain,and utilize systems and procedures to prevent, detect, and
correct waste, fraud, and abuse in activities funded under this Contract. The systems and
procedures shall address possible waste,fraud,and abuse by Subrecipient, its employees, clients,
vendors,subcontractors and administering agencies.Subrecipient's internal controls systems and
all transactions and other significant events are to be clearly documented,and the documentation
is to be readily available for monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents
for the purpose of monitoring or investigating HHSP. Subrecipient shall immediately notify
City of Fort Worth
18236010006 15
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
Department of any discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste,fraud, and abuse.
C. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported to the
State Auditor's Office.
D. Subrecipient may not discriminate against any employee or other person who reports a violation
of the terms of this Contract,or of any law or regulation,to Department or to any appropriate law
enforcement authority, if the report is made in good faith.
SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient
hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will
not knowingly employ an undocumented worker, where "undocumented worker" means an individual
who, at the time of employment, is not lawfully admitted for permanent residence to the United States
or authorized under law to be employed in that manner in the United States. If, after receiving a public
subsidy,Subrecipient or a branch,division,or department of Subrecipient is convicted of a violation under
8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at the rate of five percent
(5%) per annum, not later than the one hundred twentieth (120th) day after the date the Department
notifies Subrecipient of the violation.
SECTION 25. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. Failure to maintain written
standards of conduct and to follow and enforce the written standards is a condition of default
under this Contract and may result in termination of the Contract or deobligation of funds.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of interest
would be involved.Such a conflict would arise when the employee, officer,or agent,any member
of his or her immediate family, his or her partner, or an organization which employs or is about
to employ any of the Parties indicated herein, has a financial or other interest in the firm selected
for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to sub-agreements.
Subrecipients may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct shall provide for
disciplinary actions to be applied forviolations of such standards by officers,employees,or agents
of the Subrecipient.
D. The provision of any type or amount of HHSP assistance may not be conditioned on an individual's
or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient,
subgrantee or a parent or subsidiary of the Subrecipient.
City of Fort Worth
18236010006 16
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
E. No Subrecipient may, with respect to individuals or families occupying housing owned by the
Subrecipient, or any parent or subsidiary of the Subrecipient, carry out the initial intake required
for Program Participant files under Section 9(C) of this Contract.
F. For transactions and activities other than the procurement of goods and services, no officers,
employees, and agents, including consultants, officers, or elected or appointed officials of the
Subrecipient, subgrantee, or subcontractor who exercises or has exercised any functions or
responsibilities with respectto activities assisted under HHSP,orwho is in a position to participate
in a decision-making process or gain inside information with regard to activities assisted under
the program, may obtain a financial interest or benefit from an assisted activity; have a financial
interest in any contract, subcontract, or agreement with respect to an assisted activity; or have a
financial interest in the proceeds derived from an assisted activity, either for him or herself or for
those with whom he or she has family or business ties,during his or her tenure or during the one-
year period following his or her tenure.
G. Subrecipient represents and warrants that performance under the Contract will not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety. Further,
Subrecipient represents and warrants that in the administration of the grant, it will comply with
all conflict of interest prohibitions and disclosure requirements required by applicable law, rules,
and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change
during the course of the Contract, Subrecipient shall promptly notify the Department.
SECTION 26. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be
construed to prevent any state official or employee from furnishing to any member of its
governing body upon request, or to any other local or state official or employee or to any citizen
information in the hands of the employee or official not considered under law to be confidential
information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government,the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award governed by the Byrd
Anti-Lobbying Amendment(31 U.S.C.§1352)as the Development Owner and each of its tiers have
certified by their execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans,
and Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all
relevant purposes.
City of Fort Worth
18236010006 17
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
D. Subrecipient represents and warrants that Department's payments to Subrecipient and
Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited by
Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive Order 11246 of
September 24, 1965, as amended, and its implementing regulations at 41 CFR Part 60.
B. ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility standards and fair
housing requirements under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and
its implementing regulations at 24 CFR Part 8, (ii)the Fair Housing Act(42 U.S.C. §3601 etseq.)as
implemented by HUD at 24 CFR Parts 100-115, (iii) Texas Fair Housing Act (Chapter 301 of the
Texas Property Code), (iv)Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d et
seq.), and implementing regulations at 24 C.F.R. Part I, and (v) Titles II and III of the Americans
with Disabilities Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as
implemented by U.S. Department of Justice at 28 CFR Parts 35 and 36.
C. REASONABLE ACCOMODATIONS. Subrecipient shall operate each program or activity receiving
HHSP financial assistance so that the program or activity, when viewed in its entirety, is readily
accessible and usable by individuals with disabilities. Subrecipient is also required to provide
reasonable accommodations for persons with disabilities.
D. GENERAL. Subrecipient shall make known that use of the facilities and services funded under this
Contract are available to all on a nondiscriminatory basis. Subrecipient also must adopt and
implement procedures designed to make available to interested persons information concerning
the existence and location of services and facilities that are accessible to persons with a disability.
E. AFFIRMATIVELY FURTHERING FAIR HOUSING. By Subrecipient's execution of the Contract,
Subrecipient agrees to affirmatively further fair housing by using funds in a manner that follows
the "State of Texas'Analysis of Impediments" and will maintain records in this regard.
F. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§6101-6107).
G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of its
subcontracts.
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract,Subrecipient certifies that neither it nor its
current principal employees, board members, agents, or contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal
department or agency as provided on the State of Texas Debarred Vendor List maintained by the
Texas Comptroller of Public Accounts and the System forAward Management(SAM) maintained
by the General Services Administration and in the "Certification Regarding Debarment,
City of Fort Worth
18236010006 18
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
Suspension and Other Responsibility Matters" attached hereto as Addendum C and incorporated
herein for all relevant purposes. The terms "covered transaction", "debarred", "suspended",
"ineligible", "lower tier covered transaction", "participant", "person", "primary covered
transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification
attached as Addendum C, have the meaning set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. Subrecipient also certifies that it will not award any
funds provided by this Contract to any person who is proposed for debarment under 48 CFR Part
9, subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549. Subrecipient agrees
that, prior to entering into any agreement with a potential subcontractors procured by
Subrecipient or prior to awarding funds under this Contract to a potential subgrantee, that the
verification process to comply with this requirement will be accomplished by checking the System
for Award Management("SAM")at www.sam.gov and including a copy of the results in its project
files. After said verification, Subrecipient may decide the frequency by which it determines the
eligibility of its subcontractors during the term of subcontractor's agreement. Subrecipient may
subsequently rely upon a certification of a subcontractor that is not proposed for debarment
under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of
Subrecipient to furnish the certification attached hereto as Addendum C or an explanation of why
it cannot provide said certification shall disqualify Subrecipient from participation under this
Contract.The certification or explanation will be considered in connection with the Department's
determination whether to continue with this Contract. Subrecipient shall provide immediate
written notice to Department if at any time Subrecipient learns that the certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
Subrecipient further agrees by executing this Contract that it will include the certification
provision titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusive-Subcontracts,"as set out in Addendum C,without modification,and this language under
this Section 28, in all its subawards.
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not listed in
the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and
Prohibiting Transactions with Persons Who Commit,Threaten to Commit, or Support Terrorism",
published by the United States Department of the Treasury, Office of Foreign Assets Control
SECTION 29. SPECIAL CONDITIONS
A. DIRECT DEPOSIT AUTHORIZATION. Department shall not release any funds under this Contract
until Department has received a properly completed deposit authorization form from
Subrecipient.
B. CONSTRUCTION STANDARDS. Notwithstanding and subject to Chapter 3000 of the Texas
Government Code, Subrecipient shall ensure that any building for which HHSP funds are used for
renovation, conversion, or major rehabilitation must meet Shelter and Housing Standards,
Uniform Physical Construction Standards, 2015 International Residential Code (or municipality
adopted later version), Minimum Energy Efficiency Requirements for Single Family Construction
Activities,and the Accessibility Standards in Chapter 1,Subchapter B,and any standards required
by state or local statute, ordinance, or other regulation, as applicable for the Homeless Program
and activity.
City of Fort Worth
18236010006 19
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
C. NATIONAL FIRE PROTECTION. None of the funds provided under this Contract may be used in
connection with any dwelling unit unless the unit is protected by a hard-wired or battery-operated
smoke detector installed in accordance with National Fire Protection Association Standard 74.
D. OTHER CONDITIONS. Not applicable.
SECTION 30. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall not preclude
the existence of any other right or remedy, nor shall any action taken in the exercise of any right
or remedy be deemed a waiver of any other right or remedy.The failure of Department to exercise
any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise
that or any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in any
way intended to constitute a waiver by the Department or the State of Texas of any immunities
from suit or from liability that the Department or the State of Texas may have by operation of
law.
SECTION 31. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties of this Contract relating to the subject matter
of this Contract have been reduced to writing and are contained in this Contract and attachments.
B. The attachments enumerated and denominated below are a part of this Contract and constitute
promised performances under this Contract:
1) Addendum A-Certification Regarding Lobbying for Contracts,Grants, Loans,and Cooperative
Agreements
2) Addendum B-Certification Regarding Drug-Free Workplace Requirements
3) Addendum C - Certification Regarding Debarment, Suspension and Other Responsibility
Matters
4) Addendum D—PRWORA Requirements
5) Exhibit A-Performance Statement
6) Exhibit B—Budget
SECTION 32. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or an
administrative tribunal of competent jurisdiction,the remainder shall remain valid and binding.
SECTION 33. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds
expended under this Contract. Department and the State shall each have a royalty-free, nonexclusive,and
irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use,the copyrighted
work for government purposes.
City of Fort Worth
18236010006 20
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
SECTION 34. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's
employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic
beverages,or for the purchase of alcoholic beverages.
SECTION 35. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as
worship, religious instruction or prose lytization, and must be for the benefit of persons regardless of
religious affiliation. If Subrecipient conducts such activities, the activities must be offered separately, in
time or location, from the programs or services funded with direct financial assistance from Department,
and participation must be voluntary for beneficiaries of the programs or services funded with such
assistance.
SECTION 36. FORCE MATURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure
to perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements
of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism,
insurrection, riots, civil disorders, rebellion or sabotage; and (iv) disease pandemics, quarantines,
embargoes and other similar unusual actions of federal, provincial, local or foreign Governmental
Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such
event, and such occurrence could not have been circumvented by reasonable precautions and
could not have been prevented or circumvented through the use of commercially reasonable
alternative sources,workaround plans or other means.
SECTION 37. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the
written consent and agreement of Department, which consent may be withheld in Department's sole
discretion.
SECTION 38. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms
and conditions of this Contract.
SECTION 39. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same instrument. Signed signature pages may be
City of Fort Worth
18236010006 21
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
transmitted by facsimile or other electronic transmission,and any such signature shall have the same legal
effect as an original.
SECTION 40. NUMBER,GENDER
Unless the context requires otherwise,the words of the masculine gender shall include the feminine,and
singular words shall include the plural.
SECTION 41. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin,Texas 78711-3941
Attention: Abigail Versyp, Director of Single Family and Homeless Programs Division
Telephone: 512-475-0908
Fax:512-475-0220
abigail.versyp@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Attention: Fernando Costa
Telephone: 817-392-6122
Fax: 817-392-2235
fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by
overnight service, or five (5) calendar days after mailing by certified or registered mail, postage
prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the
above Subsection A of this Section 41.
C. Subrecipient shall provide contact information and required notifications to the Department
through the Contract System in accordance with 10 TAC§6.6.
SECTION 42. VENUE AND JURISDICTION
This Contract shall be governed and constructed in accordance with the laws of the State of Texas,without
regard to the conflicts of law provisions. The venue of any suit arising under this Contract is fixed in any
court of competent jurisdiction, of Travis County,Texas.
City of Fort Worth
18236010006 22
DocuSign Envelope ID;89FB3011-82BO-4336-BOD8-3D6CD50BA010
SECTION 43. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to
the parties to resolve any dispute arising under the Contract If at any time the Subrecipient would like to
engage Department in an ADR procedure,the Subrecipient may send a proposal to Department's Dispute
Resolution Coordinator. For additional information on Department's ADR policy, see Department's
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1.17.
SECTION 44. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2273 of the Texas Government Code, to the extent allowed by federal and
state law, the Department may not enter into this Contract with an "abortion provider" or an
"affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this
Contract are appropriated from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of
any funds under this Contract from state or local tax revenue, it is eligible to receive said funds,
and that it will not utilize said funds in any way contrary to this Section 44 during the Contract
Term.
SECTION 45. OPEN MEETINGS
If the Subrecipient is a governmental entity,Subrecipient represents and warrants its compliance with
Chapter 551 of the Texas Government Code, which requires all regular, special or called meetings of a
governmental body to be open to the public, except as otherwise provided by law.
SECTION 46. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE
DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS, CLAIMS, DEMANDS, OR SUITS,
AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY
ACTS OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE
COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS
ATTORNEY GENERAL.SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
City of Fort Worth
18236010006 23
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
WITNESS OUR HAND EFFECTIVE:
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
By: �uvj+"4 0,64"
Name: Fernando Costa
Title: Assistant City Manager
Date: 12/8/2022 ( 3:18:49 PM CST
THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
THIS CONTRACT IS APPROVED, ACCEPTED AND MADE TO BE EFFECTIVE ON SEPTEMBER 1, 2022 ON
BEHALF OF:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
A PUBLIC AND OFFICIAL AGENCY OF THE STATE OF TEXAS
DocuSigned by:
111 By: 4
Name: Abigail Versyp
Title: Its duly authorized officer or representative
Date: 12/8/2022 1 3:42:17 PM CST
City of Fort Worth
18236010006 24
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
day of , 20
APPROVAL RECOMMENDED
Victor Turner,Neighborhood Services Director
Date: Dec 19,2022
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Jo Gunn(Dec 19,202213:37 CST) J ette S.Goodall(Dec 20,202211• CST)
Jo Ann Gunn, Assistant City Attorney Jannette S. Goodall, City Secretary
Date:
Dec 19,2022 Date: Dec 20,2022
Contract Compliance Manager: M&C No.: 22-0683
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,
Tara Perez(Dec 16,202211:31 CST)
Tara Perez
Manager, Directions Home
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT 18236010006
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS,GRANTS, LOANS,AND COOPERATIVE AGREEMENTS
City of Fort Worth,
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of an agency,a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract,grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is material representation of fact on which reliance was placed when this transaction
was made or entered into.Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than Ten Thousand and No/100 Dollars
($10,000.00) and not more than Ten Thousand and No/100 Dollars ($100,000.00)for each such failure.
Statement for Loan Guarantees and Loan Insurance.
City of Fort Worth
18236010006 25
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BAo10
The undersigned states,to the best of its knowledge and belief,that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this commitment providing for the United States
to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a
prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.Code.Any
person who fails to file the required statement shall be subject to a civil penalty of not less than Ten
Thousand and No/100 Dollars ($10,000.00) and not more than One Hundred Thousand and No/100
Dollars ($100,000.00)for each such failure.
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
By: f vis.wi..do (."u
Name: Fernand'55o Co`S"
Title: Assistant City Manager
Date: 12/8/2022 1 3:18:49 PM CST
City of Fort Worth
18236010006 26
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT 18236010006
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
City of Fort Worth,
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
2) Establishing an ongoing drug-free awareness program to inform employees about-
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
3) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
4) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant,the employee Will-
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction;
5) Notifying the agency in writing, within ten (10) calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices. Notice shall include
the identification number(s) of each affected grant;
City of Fort Worth
18236010006 27
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
6) Taking one of the following actions, within thirty (30) calendar days of receiving notice under
paragraph (d)(2),with respect to any employee who is so convicted-
a. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended;or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
7) Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e)and (f).
Place(s) of performance [site(s) for the performance of work done in connection with the specific
grant] (include street address, city, county, state, zip code):
1.
2.
3.
4.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation,State employees in each
local unemployment office, performers in concert halls or radio studios). If Subrecipient does not
identify the workplaces at the time of application, or upon award, if there is no application, the
Subrecipient must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the
Subrecipient's drug-free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, Department, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by:
By: f�,i.a t•�a e
Name: Fernando Costa
Title: Assistant City Manager
Date: 12/8/2022 1 3:18:49 PM CST
City of Fort Worth
18236010006 28
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT 18236010006
ADDENDUM C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS
City of Fort Worth,
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal or state department or agency;
2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local)transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in section (b) of this
certification;
4) Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal,State or local)terminated for cause or default; and
5) Will submit to the Department information about each proceeding that occurs during this Contract
Term or during the recordkeeping period that:
a. Is in connection with this award;
b. Reached its final disposition during the most recent five year period; and
c. Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine,penalty,reimbursement,restitution,or damages of Five Thousand and
No/100 Dollars ($5,000.00) or more;
iii. An administrative proceeding,as defined below,that resulted in a finding of fault and
liability and your payment of either a monetary fine or penalty of Five Thousand and
No/100 Dollars ($5,000.00) or more or reimbursement, restitution, or damage in
excess of One Hundred Thousand and No/100 Dollars($100,000.00); or
City of Fort Worth
18236010006 29
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
iv. Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3)
items (i)—(iii)of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and regulations.
d. For purposes of section (e) of this certification the following definitions apply:
i. An "administrative proceeding" means a non-judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities and
Exchange Commission Administrative proceedings,Civilian Board of Contract Appeals
proceedings, and Armed Services Board of Contract Appeals proceedings). This
includes proceedings at the Federal and State level but only in connection with
performance of a Federal contract or grant. It does not include audits, site visits,
corrective plans, or inspection of deliverables.
ii. A "conviction",for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction, whether
entered upon a verdict or a plea, and includes a conviction entered upon a plea of
nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification,such
Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Subcontracts/Lower Tier Covered Transaction," without modification, in all subrecipient contracts,
subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal,that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible,or voluntarily excluded from participation in this transaction by any Federal department
or agency.
2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
City of Fort Worth
18236010006 30
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
Entity Name, Entity Type
By: c wO lu.
Name: any reve
Title: Interim Chief Executive Officer
D ate U1117/2023
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification,
in addition to any other remedies available, the Department may terminate this Contract for cause or
default.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
Docu$igneed by:
By: Ff
C/ll+"4 (o
Name: FernancTb7Cos'I`a'V'
Title: Assistant City Manager
Date: 12/8/2022 1 3:18:49 PM CST
City of Fort Worth
18236010006 31
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT 18236010006
ADDENDUM D
PRWORA REQUIREMENTS
City of Fort Worth,
a political subdivision of the State of Texas
If an individual is applying for HHSP funds,a Subrecipient must verify that the individual applying for HHSP
funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of
1996, ("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as
amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
To ensure that a non-qualified applicant does not receive "public benefits," a political subdivision that
administers "public benefit programs" is required to determine, and to verify, the individual's alienage
status before granting eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient must use the SAVE verification
system to verify and document qualified alien eligibility once access to the system is provided by the
Department.
There are certain types of assistance that are not subject to the Act's restriction on access to public
benefits based on immigration status. This includes activities that: (1) deliver in-kind services at the
community level, (2) are necessary for the protection of life or safety, and (3) do not condition the
provision of assistance on the applicant's income or resources. Generally, under the HHSP State Rules,an
activity that provides a public benefit to a Household that is Homeless is exempt,while an activity that is
provided to a Household that is At-Risk of Homelessness is not exempt. However, if Subrecipient has
adopted income based criteria for the provision of assistance,than that activity may be subject to the Act.
Yet, some activities do not provide a public benefit to a Household such as a case manager performing a
Household eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C) of the Act also
exempts public health assistance for immunizations with respect to immunizable diseases and for testing
and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a
communicable disease.
If Subrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the
Department before beginning the activity to receive a written determination.
City of Fort Worth
18236010006 32
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS ("SAVE")
SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's
immigration or naturalization documentation that contains the information (e.g., alien
registration number) required by the SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether the
document(s) reasonably appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived citizenship status
information, including (1) information from the applicant's immigration or naturalization
documentation for initial automated verification, (2) additional information obtained from the
alien's immigration or naturalization documentation for automated additional verification, and
(3)completed Forms G-845 and other documents and information required for manual additional
verification. For manual only verification, ensure that Forms G-845 and other documents and
information required for manual verification are provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by
Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification
procedures complete SAVE required training including: reading the SAVE Program Guide, taking
the latest version of Web tutorial(s), and maintaining a working knowledge of requirements
contained therein and in this Contract as updated. Documentation of training must be maintained
by the Subrecipient for monitoring review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to
perform verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in
the SAVE Program Guide, web-based tutorial,this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance;
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires
and/or the applicant requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of
determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit
use of such information in accordance with this and all other provisions of this Contract;
(j) Comply with the requirements of the Federal Information Security Management Act("FISMA")
(PL-107-347), Title III, Section 301) and OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received by either
agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it
is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS.
Each applicant who wants to gain access to information regarding him/herself may do so by
submitting a written signed request to DHS-USCIS;
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other
applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy
City of Fort Worth
18236010006 33
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding,
maintaining, and disclosing any data provided or received pursuant to the Contract;
(m)Comply with federal laws prohibiting discrimination against applicants and discriminatory use
of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of
the applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A
Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted on their
website;
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial and
to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8
U.S.C. §1324a.
(2) Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse,fraudulent use or improper use of SAVE by the
Subrecipient, including, but not limited to original applicant consent documents required by the
Privacy Act, 5 U.S.C. §552a or other applicable authority;
(b) Notifythe Department's Compliance Division immediately wheneverthere is reason to believe
a violation of this Contract has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe
an information breach has occurred as a result of User or Subrecipient action or inaction pursuant
to Office of Management and Budget ("OMB") Memorandum M-07-16, "Safeguarding Against
and Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse,fraudulent use or improper use of SAVE by any
User, including, but not limited to original applicant consent documents required by the Privacy
Act, 5 U.S.C. §552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review Subrecipient's compliance with this Addendum D and all other SAVE-related
policy, procedures, guidance and law applicable to conducting verification and safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's
User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical
information,system profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and
any and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions or problems which may arise in connection with the
Subrecipient's participation in SAVE;
(h)Allow Department and SAVE Monitoring and Compliance to monitor system access and usage
and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum D
and the SAVE Program requirements by its authorized agents or designees; and
City of Fort Worth
18236010006 34
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department
or SAVE Monitoring and Compliance regarding waste,fraud,and abuse,and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum D,SAVE Program procedures or other applicable law, regulation or policy.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from the Department or Subrecipient for any
purpose permitted by law, including, but not limited to, the prosecution of violations of Federal
administrative or criminal law.
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed
by the Privacy Act, 5 U.S.C. §552a, and that any person who obtains this information under false
pretenses or uses it for any purpose other than as provided for in this Contract may be subject to
criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or
action by third parties arising out of or related to the execution and/or performance of this
Contract,whether civil or criminal,and retain responsibility for the payment of any corresponding
liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the
Subrecipient.
(5) Points of Contact.
Abigail Versyp
Director of Single Family and Homeless Programs Division
Texas Department of Housing and Community Affairs
P.O. Box 13941
Austin,TX 78711-3941
Phone: (512)475-0908
Email: abigail.versyp@tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888)464-4218
Email: saveregistration@dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
City of Fort Worth
18236010006 35
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
Washington, DC 20529-2640
Phone: (888)464-4218
Email: save.monitoring@dhs.gov
(6) Certification.
The undersigned hereby certifies to the Texas Department of Housing & Community Affairs that
all information herein is true and correct to the best of their knowledge and belief. The purpose
of this statement is to certify that City of Fort Worth:
® Is NOT a private nonprofit charitable organization and is an entity created by State Statute and
affiliated with or is a state or governmental entity (such as a housing finance agency, public
housing authority, unit of local government, council of governments, county, etc.)
Certification must have the signature from a representative with authority to execute documents
on the Subrecipient's behalf.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
By: FDocuSlgned by:
F44+,"4 0"
Name: Ferna6fi osta
Title: Assistant City Manager
Date: 12/8/2022 1 3:18:49 PM CST
City of Fort Worth
18236010006 36
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT 18236010006
EXHIBIT A
PERFORMANCE STATEMENT
City of Fort Worth,
a political subdivision of the State of Texas
Subrecipient shall carry out the following activities identified herein by implementing a Texas Homeless
Housing and Services Program("HHSP")in accordance with the State Act and its implementing rules under
the HHSP State Rules.
Contract Term: September 1, 2022—August 31, 2023
Close-Out Process: Ends November 14, 2023
Service Area: City of Fort Worth
Program Activities
Subrecipient agrees to perform the following activities for Homeless Youth Headed Households, as
defined in §7.2(b)(58):
A. Persons Served
1. Essential Services for Persons experiencing Homelessness in
Youth- Headed Households (only eligible in conjunction with a 7
street outreach, case management, emergency shelter, or
housing through a Transitional Living activity)
2. Street Outreach for Persons experiencing Homelessness in
Youth-Headed Households 0
3. Transitional Living for Persons experiencing Homelessness in
Youth-Headed Households 10 Ds
4. Persons experiencing Homelessness in Youth-Headed (�I
Households in an HHSP-Youth funded day/night Shelter' 0
5. Case management for Persons experiencing Homelessness in
Youth-Headed Households 10
B. Outcomes
1. Persons in Youth-Headed Households who were Homeless
and have maintained housing for three months after HHSP 3
exit
1 This number may include the all persons assisted through the operations of the shelter.
City of Fort Worth
18236010006 37
DocuSign Envelope ID:89FB3011-82BO-4336-BOD8-3D6CD50BA010
C. New Beds
1. New Shelter beds created through Construction: 0
2. New Shelter beds created through Rehabilitation: 0 os
3. New Shelter beds created through Conversion: 0
4. New Transitional Living beds created through Construction 0
5. New Transitional Living beds created through Rehabilitation 0
6. New Transitional Living beds created through Conversion 0
City of Fort Worth
18236010006 38
DocuSign Envelope ID:89FB3011-82B0-4336-BODB-3D6CD50BA010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
YOUTH SET-ASIDE
GENERAL REVENUE
CONTRACT 18236010006
EXHIBIT B
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
I. ADDITIONAL FUNDS
If available, additional funds may be awarded,obligated, and expended by amendment(s) but only during
the Contract Term. Additional funds must also be reported during the Close-Out Process. Unexpended
fund balances will be recaptured.
II. BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $ 12,858.00
CASE MANAGEMENT SALARY $30,960.00
CONSTRUCTION/REHABILITATION/CONVERSION $ .00
ESSENTIAL SERVICES (only eligible in $ 250.00
conjunction with a street outreach, case
management,emergency shelter, street dos
outreach, or housing through a Transitional
Living activity)
HOMELESS ASSISTANCE through a street $ 85,810.00
outreach, emergency shelter, or Transitional
Living Activity
OPERATIONS $ .00
TOTAL FUNDS AWARDED $ 129,878.00
III. FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before
the Department will make any adjustments to the budget categories. Only those written requests from
the Subrecipient that are received at least thirty(30) calendar days prior to the end of the Contract Term
will be reviewed.The Department may decline to review written requests received during the final thirty
(30) calendar days of the Contract Term.
City of Fort Worth
18236010006 39
Exhibit "H"
Certification
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY
AND VOLUNTARYEXCLUSION—SUBCONTRACTS/LOWER TIER COVERED
TRANSACTIONS
The prospective lower tier participant/subcontractor certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
Where the prospective lower tier participant/subcontractor is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
This certification is a material representation of fact upon which reliance is placed when the City
awards the subgrant. If it is later determined that Agency knowingly rendered an erroneous
certification, in addition to any other remedies available, the City may terminate this Agreement for
cause or default.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
;tg;2—
Mandy Shreve(Jan 19,2023 09:49 CST)
[Signature]
Printed Name: Mandy Shreve
Title: Interim CEO
Date: Jan 1902023
CITY OF FORT WORTH Page 50 of 50
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS—CITYSQUARE
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/13/22 M&C FILE NUMBER: M&C 22-0683
LOG NAME: 19ACCEPTING 2023 HOMELESS HOUSING AND SERVICES PROGRAM FUNDS
SUBJECT
(ALL)Authorize Acceptance of Grants from the Texas Department of Housing and Community Affairs for Homeless Housing and Services
Program Funds in the Amount of$409,176.00 and Homeless Housing and Services Program-Youth Set Aside in the Amount of$129,878.00,
Authorize Execution of Related Agreements,Authorize Execution of Subgrant Agreements with The Housing Authority of the City of Fort Worth
Doing Business as Fort Worth Housing Solutions to Provide Rental Assistance and with CitySquare to Provide Youth Rental Assistance and Case
Management,find that the Subgrant Agreements Serve a Public Purpose and that Adequate Controls are in place,and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of grants and execution of grant agreements with the Texas Department of Housing and Community Affairs for the
Homeless Housing and Services program funds in the amount of$409,176.00(General)and$129,878.00(Youth);
2. Authorize the execution of a subgrant agreement with Fort Worth Housing Solutions in the amount of$409,176.00 to provide rental
assistance to at least 40 permanent supportive housing clients(General);
3. Authorize the execution of a subgrant agreement with CitySquare in the amount of$129,878.00 to provide rental assistance and case
management to at least 10 youth(Youth);
4. Find that the subgrant agreements serve the public purpose of ending chronic homelessness and reducing youth homelessness and that
adequate controls are in place through the subgrant agreements;and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the
amount of$539,054.00,subject to the receipt of the grant,for the purpose of reducing chronic and youth homelessness.
DISCUSSION:
The State of Texas provides grant funding for the Homeless Housing and Services Program(HHSP)administered by the Texas Department of
Housing and Community Affairs(TDHCA)to nine municipalities with a population of 285,500 or greater,including the City of Fort Worth(City).
The HHSP amount allocated to the City is$409,176.00. The HHSP funds may be used to provide rental assistance,case management and other
services or housing options to reduce homelessness.The HHSP grant funds from prior years are currently being provided to Fort Worth Housing
Solutions through a subgrant agreement to provide rental assistance for permanent supportive housing to 40 homeless individuals annually.
The HHSP-Youth amount allocated to the City is$129,878.00, Eligible services include case management,emergency shelter,street outreach
and transitional living.The HHSP-Youth grant funds will be used to provide rental assistance and case management for 10 youth annually.
By approval of this Mayor and Council Communication,the City Council finds that funding the subgrant agreements will meet the public purpose of
helping to end chronic homelessness and reduce youth homelessness and that adequate controls are in place through the subgrant agreements to
ensure that the public purpose is carried out.
Upon acceptance,the grant will begin on September 1,2022.The Neighborhood Services Department will administer the HHSP and HHSP-Youth
funds and monitor the sub-grantees, Fort Worth Housing Solutions and CitySquare.The subgrant agreements will be from September 1,2022 to
August 31,2023.
An Assistant City Manager is authorized to execute the contracts.
A Form 1295 is not required for these contracts because:These contracts will be with a governmental entity,state agency or public institution of
higher education:TDHCA and Fort Worth Housing Solutions. A Form 1295 is required for CitySquare.
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 Grant Operating State Fund. The Neighborhood Services
Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an
expenditure being incurred,the Neighborhood Services Department has the responsibility to validate the availability of funds.This is a
reimbursement grant.
Submitted for City Manager's Office by� Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Tara Perez 2235