HomeMy WebLinkAboutContract 53209 4� 2 34 CITYSECRETARY
CONTRA CI-No.
C550 o9
RECEIVED
DEC 12 2019
C9
CITY OF FORT WORTH " TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
� ' �
CITYSECRETARY fib, FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERALREVENUE
CONTRACT NUMBER 63206010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
SECTION 1. PARTIES TO THE CONTRACT
This 2020 Texas Homeless Housing and Services Program ("HHSP") Contract Number 63206010006
("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").
SECTION 2. CONTRACT PERIOD FOR PERFORMANCE AND CLOSE-OUT
This Contract shall commence on September 1, 2019 and, unless earlier terminated at provided herein,
terminate as follows: (1)the Subrecipient is permitted to incur expenses under this Contract until
August 31,2020 ("Contract Term"),and (2)the Department's obligations under the Contract upon the
completion of Subrecipient's performance shall end on November 15,2020 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(hereafter, "State Act"),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 award process.
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 as Addendum B;the Certification Regarding Debarment,
Suspension and Other Responsibility Matter attached as Addendum C; OPTIONAL: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. OFFUAL RECORD
MY SECRETAIRY
HHSP Contract 63206010006 FT ORTHI`M
City of Fort Worth
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 September 1, 2019.
D. Performance related to established targets will be reported by Subrecipient in the HHSP Monthly
Performance Report 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 Subreciplent's satisfactory performance of this Contract, Department shall
reimburse Subrecipient for the actual,allowable, and approved costs that are consistent with
amounts specified in the Budget and are incurred during the Contract Term by Subrecipient.
B.The Department reserves the right to obligate or deobligate additional funds and shall notify the
Subrecipient in writing of its decision.The 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.
C. Department shall not be obligated to pay Subrecipient for any costs incurred by Subrecipient
which are not allowable costs.
D. Notwithstanding any other provision of this Contract,the total payments and obligations incurred
by Department under this Contract shall not exceed the sum of four hundred fifty-eight thousand,
one hundred twenty-seven DOLLARS ($458,127.00).
E. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for eligible costs incurred or performances rendered for activities specified in the HHSP
State Rules.
SECTION S. METHOD OF PAYMENT/CASH BALANCES
A. In accordance with 10 TAC§7.5(b),Subrecipient may request an advance payment of up to thirty
(30) calendar days cash needs up to eight percent of the Contract amount or$5,000,whichever is
greater. Subrecipient's request for advances shall be limited to the amount needed and be timed to
2
HHSP Contract 63206010006
City of Fort Worth
be in accordance with the actual, immediate cash requirements of the Subrecipient in carrying out
the purpose of this Contract.
B. In order to request an advance payment, Subrecipient must submit to Department a property
completed Monthly Expenditure Report that includes a request for advance funds together with
such supporting documentation as the Department may reasonably request.
C.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.
D. Section 5(A) notwithstanding, and in accordance with 10 TAC§7.4(f),the Department reserves
the right to use a Cost Reimbursement 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 in accordance with 10 TAC§2.201 to support
such costs for all funds if at any time(1) Department determines that Subrecipient has maintained
cash balances in excess of need, (2) Department identifies significant deficiency in the cash controls
or financial management system used by Subrecipient, or(3) Subrecipient fails to comply with 10
TAC§7.5,Subrecipient Reporting, and 10 TAC§7.6,Subrecipient Data Collection.
E. All funds paid to Subrecipient pursuant to this Contract are paid in trust for the exclusive benefit
of the eligible recipients of HHSP services and for the payment of allowable expenditures.
F. 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.
G.Subrecipient shall refund to Department any unexpended cash advances within sixty(60)
calendar days in accordance with 10 TAC§7.5(b).
H. 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 five (5) business 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 Uniform Grant
Management Standards ("UGMS').All references therein to"local government"shall be construed
to mean Subrecipient.
B.AUDIT. In accordance with 10 TAC§1.403(e), if Subrecipient expends$750,000.00 or more in
state awards,or has an outstanding loan balance associated with state resources of$750,000 or
more with continuing compliance requirements, or a combination thereof must have a Single Audit.
3
HHSP Contract 63206010006
City of Fort Worth
Subrecipient agrees to comply with any applicable UGMS updates that maybe released during the
Contract Term. Updates to UGMS may be found this website:
https://comptroller.texas.gov/purchasing/grant-management/.
C. COSTS. Department shall not be liable to Subrecipient for certain costs, including but not limited
to costs which:
(1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by
any source other than Department;
(2)are not allowable costs, as set forth in the provisions of the State Act and the HHSP State
Rules and Section 8(B)of this Contract;
(3) are not strictly in accordance with the terms of this Contract, including the Exhibits;
(4) have not been reported to Department within the Close-Out Process of this Contract;or
(5) are not incurred during the Contract Term.
D. ACCESS. 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 upon written request by the Department to
Subrecipient.
E.SUBAWARDS. The 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.
F.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 two(2) months after the Subrecipient's fiscal year end in accordance with 10 TAC§1.403.
SECTION 7. TERMINATION AND SUSPENSION
A.TERMINATION OR SUSPENSION. 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.
B.WITHHOLDING OF PAYMENTS. Nothing in this Section shall be construed to limit Department's
authority to withhold payment and immediately suspend this Contract if Department identifies
4
HHSP Contract 6R0601.0006
City of Fort Worth
possible instances of fraud,abuse,waste,fiscal mismanagement,or other deficiencies in
5ubrecipient'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.
D.SUBRECiPIENT LIABILITY. 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.
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. Whether the Subrecipient's costs incurred in the performance of this Contract are considered
allowable, 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.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements and shall maintain
fiscal and programmatic records and supporting documentation for all expenditures made under
this Contract in accordance with the UGMS Section III, Common Rule:State Uniform Administrative
Requirements for Grants and Cooperative Agreements,Subpart C—Post Award Requirements,_.42.
Subrecipient agrees to comply with any changes to the UGMS' recordkeeping requirements and 10
TAC§7.8
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 flies,for non-emergency activities providing direct subsidy to a Program
Participant regardless if the client is directly receiving the funds,that containing the following:
5
HHSP Contract 63206010006
City of Fort Worth
(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 an
area to identify the staff person completing the intake application, and the language as required
by Section 434.212 of the Texas Government Code;
(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 recertification, as applicable, including income eligibility and that the
Program Participant lacks sufficient resources and supports 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;
(S) Documentation that applicable waiting lists have been checked for availability at least every
six months as required for Program Participants who have been assisted for more than twenty-
four(24) months with rental assistance;and
(9) 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 agrees that Department,the Auditor of the State of Texas,
the Comptroller of the State of Texas,or any of their duly authorized representatives,shall have the
right to access and to examine and to copy, on or off the premises of Subrecipient, all books,
accounts, records, reports,files, and other papers or property belonging to or in use by Subrecipient
pertaining to this Contract. 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
6
HHSP Contract 63206010006
City of Fort Worth
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 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.
G. SUBAWARDS. 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
HM1S, or HMIS-comparable database for domestic violence or legal service providers.
B. REPORTS. 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.
C. MONTHLY REPORTS. In accordance with 10 TAC§7.5(c),Subrecipient must submit a Monthly
Performance Report and a Monthly Expenditure Report through the Contract System 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.S(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, if Subrecipient intends to expend
funds for new construction, rehabilitation,or conversion,Subrecipient must submit a copy of the
activity budget inclusive of all 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.
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
7
HHSP Contract 63206010006
City of Fort Worth
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.
SECTION 11. CHANGES AND AMENDMENTS
A.AMENDMENTS AND CHANGES REQUIRED BY LAW. If a change in federal law or regulation or
state law or regulation occurs that requires a change, addition,or deletion to the terms of this
Contract,the change is automatically incorporated in this Contract and is effective on the date
designated by such law or regulation without the requirement of a written amendment hereto. Said
changes, additions, or deletions referenced under this Subsection A of Section 11 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.
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, license fees and royalties on
patents and copyrights, and principal and interest on loans made with this award. 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 SUBRECIPIENT
To the extent authorized by law, 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
8
HHSP Contract 63206010006
City of Fort Worth
with the services to be performed by Subrecipient under this Contract.The Department acknowledges
governmental entities cannot create an unfunded debt pursuant to the Texas Constitution.
SECTION 14. PROCUREMENT STANDARDS
Subrecipient shall comply with 10 TAC§1.404,this Contract, and all applicable state, and local laws,
regulations, and ordinances for making procurements under this Contract.
SECTION 15. SUBAWARDS
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 Contract System.
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 UGMS Subpart C—
Post Award Requirements,35.Subrecipient must have processes and procedures in place to monitor
subcontractors or subgrantees.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(b), 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 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 transfer title to
any equipment to the Department or to any other entity receiving HHSP funds from the
Department.
9
HHSP Contract 63206010006
City of Fort Worth
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
transfer 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
The'governing board of each Subrecipient must adopt travel policies that adhere to UGMS and the State
of Texas travel rules and regulations found on the Comptroller of Public Accounts website at
www.cpa.state.tx.us.
SECTION 18. BONDING AND INSURANCE REQUIREMENTS
A. INSURANCE REQUIREMENTS. Subrecipient shall maintain evidence of current and adequate
insurance coverage in accordance with UGMS Section II, Cost Principles for State and Local
Governments and Other Affected Entities,Attachment R. Subrecipient agrees to notify the
Department immediately upon receipt of notification of the termination,cancellation,expiration,or
modification of any required insurance coverage or policy endorsements. Subrecipient agrees to
suspend the performance of all work performed under this Contract until the Subrecipient satisfies
the required coverage requirements,obtains the required policy endorsements and delivers to
Department certificates of insurance evidencing that such coverage and policy endorsements are
current and effective, and receives notification from Department that the performance of work
under this Contract may recommence.
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
$50,000 or greater, Subrecipient must execute with the contractor a payment bond in the full
amount of the contract. If the Subrecipient will enter in to contract with a prime contractor in excess
of$100,000, 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.
10
HHSP Contract 63206070005
City of Fort worth
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 order to 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 place Subrecipient on Cost Reimbursement method of payment,suspend or
terminate this Contract, or invoke other remedies in the event monitoring or other reliable sources
reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any
deficiency within the time allowed by federal or state law or regulation, or by the terms of this
Contract.
SECTION 21. LEGAL AUTHORITY
A. LEGAL AUTHORITY. 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
11
HHSP Contract 63206010006
City of Fort Worth
of Subrecipient to enter into this Contractor 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 and regulations applicable to the performance of this
Contract, including, but not limited to the program requirements and fair housing laws. 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 attached 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. REHABILITATION ACT OF 1973. Section 504 of the Rehabilitation Act of 1973 and HUD regulation
24 CFR Part 8 apply to all programs or activities under this Contract.
E. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation for
disability, medical records or any other medical information in the course of administering the HHSP
program,Subrecipient shall comply with the Protected Health Information state and federal laws
and regulations, as applicable, under 10 TAC§1.24, Chapter 181 of the Texas Health and Safety
Code,the Health Insurance Portability and Accountability Act of 1996(HIPAA) (Pub.L. 104---191, 110
Stat. 1936, enacted August 21, 1996)the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and E
of 45 CFR Part 164).
12
HHSP Contract 63206010006
City of Fort Worth
F. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§6101-6107).
G. 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).
H. LEAD-BASED PAINT. Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention
Act,42 U.S.C. §4821 etseq. and 24 CFR Part 35.
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
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 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 120th day after the date the Department notifies
Subrecipient of the violation.
SECTION 25. CONFLICT OF INTEREST UNDER 10 TAC§7.26
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.
13
HHSP Contract 63206010006
City of Fort worth
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 subagreements. 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 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 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 respect to activities assisted under HHSP,or who is in a position to participate
in a decision-making process or gain inside information with regard to activities assisted underthe
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.
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 underthis Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive,orjudicial branches of
government,the State of Texas, or the government of the United States.
14
HHSP Contract 63206010006
City of Fort worth
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.
SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the
benefits of, be subjected to discrimination under, or be denied employment in the administration of
or in connection with any program or activity funded in whole or in part with funds made available
under this Contract, on the grounds of race, color, religion, sex, national origin, age,or disability.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive Order 11246 of
September 24, 1965.Subrecipient must comply with the Equal Opportunity in Housing (Executive
Order 11063 as amended by Executive Order 12259) and it implementing regulations at 24 CFR Part
107.
C.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, 24 CFR§92.250, 24 CFR§92.202 and 24 CFR
§5.105(a), (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 etseq.),and implementing regulations at 24
C.F.R. Part 1, 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.
D. REASONABLE ACCOMODATIONS. Subrecipients 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.Subrecipients are also required to provide
reasonable accommodations for persons with disabilities.
E. GENERAL. Subreciplent 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.
15
HHSP Contract 63206010006
City of Fort worth
F.AFFIRMATIVELY FURTHERING FAIR HOUSING. By Subrecipient's execution of the Contract,
Subreciplent agrees to affirmatively furtherfair housing by using funds in a manner that follows the
"State of Texas'Analysis of Impediments" and will maintain records in this regard.
G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of its
subcontracts.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
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 in the Certification
Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C
and incorporated herein for all relevant purposes.The terms "covered transaction", "debarred",
"suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered
transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification attached as
Addendum C, have the meaning set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549.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 priorto awarding funds underthis 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.Subrecipient may decide the frequency by which it determines the
eligibility of its subcontractors.Subrecipient may rely upon a certification of a prospective subcontractor
that is not proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred,suspended, ineligible, or
voluntarily excluded from the covered transaction, unless Subrecipient knows that the certification is
erroneous. 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 anytime 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.
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.
16
HHSP Contract 63206010006
City of Fort Worth
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.
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
Any right or remedy given to Department by this Contract shall not preclude the existence of any other
right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of
any other right or remedy.The failure of Department to exercise any right or remedy on any occasion
shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a
later time.
SECTION 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
17
HHSP Contract 63206010006
City of Fort Worth
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.
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.
SECTION 36. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure
to perform hereunder:
A.Any of the following events: (i) catastrophic weather conditions or other extraordinary elements
of nature or acts of God; (ii) acts of war(declared or undeclared), (iii) acts of terrorism, insurrection,
riots, civil disorders, rebellion or sabotage;and (iv) quarantines, 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.
18
HH5P Contract 63206010006
City of Fort worth
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
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. 0. Box 13941
Austin,Texas 78711-3941
Attention:Abigail Versyp, Director of HOME and Homeless Programs Division
Telephone: (512)475-2224
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
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
19
HHSP Contract 63206010006
City of Fort worth
prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the
above Subsection A of this Section 42.
SECTION 42. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation
pursuant to this Contract,venue shall lie in Travis County,Texas.
SECTION 43. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to
encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the
Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006
respectively,Texas Government Code),to assist in the fair and expeditious resolution of internal and
external disputes involving the Department and the use of negotiated rulemaking procedures for the
adoption of Department rules. As described in Chapter 154, Civil Practices and Remedies Code,ADR
procedures include mediation. Except as prohibited by Department's ex parte communications policy,
Department encourages informal communications between Department staff and the Subrecipient,to
exchange information and informally resolve disputes. Department also has administrative appeals
processes to fairly and expeditiously resolve disputes. If at any time the Subrecipient would like to
engage Department in an ADR procedure,the Subrecipient may send a proposal to Department's
Dispute Resolution Coordinator. For additional information on Department's ADR policy,see
Department's Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1.17.
SECTION 44. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code,to the extent allowed by federal and
state law,the Department may not enter into this Contract with an "abortion provider" or an
"affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this Contract
are appropriated from state or local tax revenue.
B. By execution of this Contract,the Subrecipient hereby certifies that, as a condition of receipt of
any funds under this Contract from state or local tax revenue, it is eligible to receive said funds, and
that it will not utilize said funds in any way contrary to this Section 44 during the Contract Term.
SECTION 45. 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 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,the Department
may terminate this Contract and Subrecipient hereby agrees and acknowledges that upon
termination,Subrecipient's rights to any funds shall be terminated.
20
HHSP Contract 63206010006
City of Fort worth
WITNESS OUR HAND EFFECTIVE:
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
By: �
Name: Fernando Costa
Title: Assistant City Manager
Date: ///7/19
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 1,2019,AND
WILL TERMINATE ON November 15, 2020,AS FURTHER INDICATED IN SECTION 2, ON BEHALF OF:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Name: Abigail Versyp
Title: Its duly authorized officer or representative
Date:
OFFOCIAL RECORD
CITY SECRETARY
FT. WORYki, TX
21
HHSP Contract 63206010006
City of Fort Worth
WITNESS.OUR HAND EFFECTIVE:
SUBRECIPIENT.
City o1 Fort Wtla th'
a political subdivision of the State of Texas
Name: Fernando Costa
Title: Assistant City Manager
Date; _ Z9
THIS.CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BYTHE EXECUTIVE DIRECT€R.OF THE TEXAS
DEPARTMFNTOF HOUSING AND COMM UNITYAFFAIRS,OR HIS/HER AUTHORIZED DESIGNEE.
THIS CONTRACT ES APPROVED,ACCEPTER AND MADE TO BE EFFECTIVE ON September S,7,019,AND
WILL TERMINATE ON November 15, 2920, AS FURTHER INWCATED IN SECTION 2,ON BEHAI F OF.-
DEPARTMENT;
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a publIn din ffilrlal agenry of the State of Texas
/ r
By.
Name: Abigai. .eMVP
Title- Its duly authorized officer or representative
Date: Z, _ ZQ�
OFFICIAL
CITY ScCRET R iI
WonTi
21
HMSP Gantractenowlocf?6
CTty'd Fat Worth
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
7A day of AbVeM&v , 20j,0 .
FOR CITY OF FORT WORTH:
600
Fernando Costa
Assistant City Manager
Date:
APPROVAL FAECOMMENDED
Date:
APPROVED AS TO FORM AND ATTEST: ,. •
¢
LEGALITY g tz `.
j fir' qo�
Irr
Jo Aeoate, Assistant City Attorney Mary J. Ka ser, it ecrctary
X 4a
Date: Date:
Contract Compliance Manager: M&C No.: o I t( j a7 j 1QI
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting require nts.
a Perez
Manager, Directions Hom
O1�F9�1A1 RECORD
T �OK.4TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERALREVENUE
CONTRACT 63206010006
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 otherthan 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$10,000 and not more than $100,000 for
each such failure.
Statement for Loan Guarantees and Loan Insurance
22
HH5P Contract 63206010006
City of Fort Worth
The undersigned states,to the best of its knowledge and belief,that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an
employee of a Member of Congress in connection with this commitment providing for the United States
to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.Submission of this statement
is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.
Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less
than $10,000 and not more than$100,000 for each such failure.
City of Fort Worth,
a political subdivision of the State of Texas
By: 4�—Name: Fernando Fernando Costa
Title: Assistant City Manager
Date: ///71IJ
UFFUGAL RECORD
8 T. WORTH,'TX
23
HHSP Contract 63206010006
City of Fort Worth
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERALREVENUE
CONTRACT#63206010006
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 1988:45
CFR Part 76,Subpart, F. Sections 76.630(c) and (d)(2)and 76.645 (a)(1)and (b) provide that a Federal
agency may designate a central receipt point for STATE-WIDE AND STATE ACJ�NF..Y,1dD€certifications,
and for notification of criminal drug convictions. For the Department of Health and Human Services,the
central point is: Division of Grants Management and Oversight, Office of Management and Acquisition,
Department of Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington,
DC 20201.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling, rehabilitation, and employee assistance programs;and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)that, as a condition of
employment under the grant,the employee will-
(1) Abide by the terms of the statement;and
24
HHSP Contract 63206010006
City of Fort Worth
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five(5) calendar days after such conviction;
(e) Notifying the agency in writing,within ten (10) calendar days after receiving notice under
paragraph (d)(2)from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title,to every grant
officer or other designee on whose grant activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices`'Ndtice Shall include
the identification number(s) of each affected grant;
(f)Taking one of the following actions,within thirty(30) calendar days of receiving notice under
paragraph (d)(2),with respect to any employee who is so convicted-
(1)Taking appropriate personnel action against such an employee, up to and including
termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal,State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e)and(f).
Place(s) of Performance [site(s)for the performance of work done in connection with the specific
grant] (include street address, city,county,state,zip code).
1. City I tl� 20o Texas IA-Um2
2.
3.
4.
Workplace identifications must include the actual address of buildings(or parts of buildings) or
others ites 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,
25
HH5P Contract 63206010006
City of Fort Worth
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 St/ate of Texas
By: ��{he. iL-�—�
Name: Fernando Costa
Title. Assistant City Manager
Date: I
26
HHSP Contract 63206010005
City of Fort Worth
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL REVENUE
CONTRACT 63206010006
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:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal or state department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public(Federal,State or local)transaction or
contract under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement, theft,forgery, bribery,falsification or destruction of records, making false
statements, or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal,State or local)with commission of any of the offenses enumerated in section (b)of this
certification;
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal,State or local)terminated for cause or default; and
(e)Will submit to the Department information about each proceeding that occurs during this Contract
Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary
fine, penalty, reimbursement, restitution, or damages of$5,000 or more;
iil. An administrative proceeding, as defined below,that resulted in a finding of fault and
liability and your payment of either a monetary fine or penalty of$5,000 or more or
reimbursement, restitution, or damage in excess of$100,000;or
iv. Any other criminal, civil,or administrative proceeding if:
27
HHSP Contract 63206010006
City of Fort Worth
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.
(4) For purposes of section (e)of this certification the following definitions apply:
L 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.
28
HHSP Contract 63206010006
City of Fort Worth
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
Entity Name, Entity Type
By-75 i
Subcontractor Signature Authority Name
A
By: w; CW—A—tgiffer
Subcontractor Signature Title
Date:
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered an erroneous
certification, in addition to any other remedies available,the Department may terminate this Contract
for cause or default.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
By: 7FA—Oxo�
Name: Fernando Costa
Title: Assistant City Manager
Date:z
29
HHSP Contract 63206010006
City of Fort Worth
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERALREVENUE
CONTRACT 63206010006
ADDENDUM D
PRWORA REQUIREMENTS
City of Fort Worth,
a pol,it)ca�suWivision 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 restrit;tion ofi•a&essto 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 HIM IS 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
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE)
SYSTEM
Subrecipient shall:
(1) System Use.
30
HHSP Contract 63206010006
City of Fort Worth
(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), 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;
(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. Contact information can be found at
http://www.uscis.gov/portal/site/uscis/menuitem.ebld4c2a3e5b9ac89243c6a7543f6dia/?vgne
xtoid=Od37dffd79029310VgnVCM 100000082ca60aRCRD&vgnextchannel=Od37dffd79029310Vg
nVCM100000082ca60aRCRD
(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;
(1) 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;
31
HH5P Contract 63206010006
City of Fort Worth
(j) 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;
(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 seeing access to information regarding him/herself may do so by submitting a
written signed request to DHS-USCIS. Instructions for submitting request may be found at
http://www,uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCo
rrectYourRecordswithUSCIS.pdf(subject to revision and reposting on the SAVE Website and
Online Resources);
(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
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 at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE—
Native_Documents/Fact—Sheet—H owToCo
rrectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and
Online Resources);
(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 priorto 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
32
HHSP Contract 63206010005
City of Fort worth
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) Notify the Department's Compliance Division immediately whenever there is reason to
believe a violation of this agreement 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
(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.
33
HHSP Contract 63206010006
City of Fort Worth
(b)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.
(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 HOME and Homeless Programs Division
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin,TX 78711-3941
Phone: (512)475-0220
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
Washington, DC 20529-2640
Phone: (888)464-4218
Email:save.monitoring@dhs.gov
34
HHSP Contract 63206010006
City of Fort worth
(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.
SUBRECIPIFNT:
City of Fort Worth,
a political subdivision off the State of Texas
By: --�
Name: Fernando Costa
Title: Assistant City Manager
Date: / /
35
HHSP Contract 63206010006
City of Fort Worth
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL REVENUE
CONTRACT 63206010006
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.
Close-Out Process: Ends November 15, 2020
Contract Term: September 1, 2019—August 31, 2020
Service Area: City of Fort Worth
Program Activities
Subrecipient agrees to perform the following measurable activities:
A. Served
1. Persons entering HHSP projects: 60
2. Persons experiencing Homelessness served with essential services: 0
3. Persons At-risk of Homelessness served with essential services: 0
4. Persons served with Homeless Assistance ("HA"): 60
5. Persons served with Homelessness Prevention ("HP"): 0
6. Persons who used a day or night shelter: 0
7. Persons served with Case Management: 0
B. Outcomes
I. Persons experiencing Homelessness who maintained housing
for three months after HHSP exit: 53
2. Persons At-risk of Homelessness who maintained housing for
three months after HHSP exit: 0
C. New Beds
1. New beds created through Shelter Construction: 0
2. New beds created through Shelter Rehabilitation: 0
3. New beds created through Shelter Conversion: 0
36
HHSP Contract 53206010006
City of Fort Worth
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL REVENUE
CONTRACT 63206010006
EXHIBIT B
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
I. DEPARTMENT FINANCIAL OBLIGATIONS
Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be
obligated and expended during the current Contract Term, and reported during the Close-Out Process.
Unexpended fund balances will be recaptured.
If. BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $22,906.00
CASE MANAGEMENT SALARY $0.00
CONSTRUCTION/REHABILITATION/CONVERSION $0.00
ESSENTIAL SERVICES $0.00
FINANCIAL ASSISTANCE-HOMELESS $435,221.00
ASSISTANCE
FINANCIAL ASSISTANCE-HOMELESSNESS $0.00
PREVENTION
OPERATIONS $0.00
TOTAL FUNDS AWARDED $458,127.00
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
request(s)from the Subrecipients received at least thirty(30) calendar days prior to the end of the
37
HHSP Contract 63206010006
City of Fort Worth
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.
38
HHSP Contract 63206010006
City of Fort Worth
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0111
LOG NAME: 02HOMELESS HOUSING AND SERVICES PROGRAM
SUBJECT
Authorization to Accept Grant and Enter into Contract with Texas Department of Housing and Community Affairs(TDHCA)for Homeless Housing
and Services Program Funds(HHSP)for$458,127.00,Authorize the Execution of SubGrant Agreement with Housing Authority of the City of Fort
Worth DBA Fort Worth Housing Solutions to Provide Rental Assistance,Adopt Appropriation Ordinance,and Adopt Resolution (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize acceptance of grant and the entering into contract with the Texas Department of Housing and Community Affairs for the Homeless
Housing and Services funds for$458,127.00;
2.Authorize the execution of contract with Fort Worth Housing Solutions to provide rental assistance to at least 60 permanent supportive housing
clients;
3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Operating State Fund in the amount
of$458,127.00 upon notification of award;and
4.Adopt the attached Resolution.
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.
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 are currently used by Fort Worth Housing Solutions to provide rental assistance to 60 persons for permanent supportive
housing annually.
The State of Texas allows municipalities to designate a sub-recipient for TDHCA to contract with on behalf of the recipient of HHSP funds. In the
past,the City of Fort Worth designated the United Way of Tarrant County to be the recipient of the grant.The United Way has requested to be
removed as the City of Fort Worth's sub-recipient due to capacity.
The City's Directions unit will administer the HHSP funds and monitor the sub-recipient, Fort Worth Housing Solutions.The sub-recipient will
continue to support the 60 permanent supportive housing clients.As clients gain self-sufficiency,this grant will enable more people currently
experiencing homelessness to be housed.The subgrant agreement will be from September 1,2019 to August 31,2020.
This contract will be with a governmental entity,state agency or public institution of higher education:Texas Department of Housing and Community
Affairs(TDHCA).
An assistant city manager is authorized to execute contract.
If accepted,grant will begin on September 1,2019.
A Form 1295 is not required for this contract because:This contract will be with a governmental entity,state agency or public institution of higher
education:TDHCA
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that,upon acceptance of the above recommendations, receipt of the grant funding and adoption of the attached
appropriation ordinance,funds will be available in the Grant Operating State Fund,as appropriated.
This is a reimbursement grant.The Directions Home unit will be responsible for the verification and submission of documents for these funds. Prior
to expenditure being made,the Directions Home unit has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Tara Perez 2235
Additional Information Contact: Tara Perez 2235