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HomeMy WebLinkAboutContract 53829 CSC No.53829 APR 2F11��� C ,020 C/ OPF08r SUBGRANT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND �S��A<<tgq�ry TARRANT COUNTY HOMELESS COALITION FOR RENTAL ASSISTANCE AND HOUSING SERVICES This SUBGRANT AGREEMENT for rental assistance and housing services ("Agreement")is made and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality ("City"), and TARRANT COUNTY HOMELESS COALITION, a Texas nonprofit corporation ("Agency"). City and Agency are referred to individually as a "Party" and sometimes collectively referred to as the"Parties." RECITALS: l. WHEREAS, The City has adopted Directions Home: Making Homelessness Rare, Short- Term and Nonrecurring in Fort Worth within Ten Years as its homelessness plan (the "Plan" or"Directions Home"). The Plan sets out key strategies that focus on the goal of ending homelessness and guides the expenditure of City funds on homeless issues (City Council Resolution No. 3203-05-2005); 2. WHEREAS, the City of Fort Worth received an award of$140,243.00 from the Texas Department of Housing and Human Services ("TDHCA") through its Homeless Housing and Services Program("HHSP") Youth Set-Aside("Grant"); 3. WHEREAS, the purpose of the HHSP-Youth award is to provide assistance to reduce homelessness among youth ages 18-24; 4. WHEREAS, the provision of housing services, such as rental assistance and related activities, to homeless youth is an eligible activity and in line with the Directions Home plan; 5. WHEREAS, the Agency has experience paying rental assistance through its Direct Client Services Fund as well as funds specifically for veterans, youth and hardest house; 6. WHEREAS, the Parties believe that the services will further the goals of Directions Home and desire to enter into this Agreement in order to set out the terms, goals, and responsibilities of each Party. NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into the following Agreement. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Agreement for Supportive Services; 2. Exhibit"A"—Scope of Services; 3. Exhibit"B"—Budget; CITY OF FORT WORTH Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP- ECURD RENTAL ASSISTANCE AND ADMINISTRATION ITY SECRETARY �? FT. WORTH, TX w� 4. Exhibit"C"—Reimbursement Request Form 5. Exhibit"D"—Reporting Forms 6. Exhibit"E"--Request for Budget Modification Form 7. Exhibit"F"—Grant Requirements Exhibits "A", "B", "C", "D", "E", and "F" which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits "A" "B" "C" "D" "E" or "F" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. 1.1 Agency shall provide rental assistance and administration in order to reduce the City's population of homeless youth("Services"),which are more particularly described in Exhibit"A" — Scope of Service. 1.2 Program Performance. 1.2.1 Agency agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 1.2.2 Agency agrees to provide a monthly report in the form attached as Exhibit "D" to document the performance of the work described in Exhibit"A". 1.2.3 Agency agreed to provide a quarterly report in the form attached as Exhibit"D" to document the performance of the work described in Exhibit"A". 1.2.4 Agency agrees that the Reimbursement Request Form and monthly report will be submitted to City no later than the 15th day after the end of each month. Agency agrees that at the end of each quarter (list out the months), Agency shall also provide a quarterly report with the aggregate information requested therein along with its monthly report and reimbursement request. Should Agency not be able to meet these requirements in a given month,the Agency shall provide written notification prior to the deadline that details the expected date of submission. If no notification is received before the 15th day, the City may document for future corrective action. If, by the last day of the same month, Agency has not submitted the required reports, City will send a non-compliance letter notifying Agency's duly authorized representative of a possible suspension of program funding. 1.2.5 Agency agrees to complete a Corrective Action Plan (CAP) in the event of two (2) consecutive months or three (3) non-consecutive months with incomplete or incorrect submissions of a Reimbursement Request Form or report. Agency also agrees to complete a Corrective Action Plan for recurring late submissions of a Reimbursement Request Form or report. 1.2.6. Agency agrees to comply with all Grant requirements for performance, eligibility, and reporting in Exhibit F—Grant Requirements. CITY OF FORT WORTH Page 2 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION 2. TERM. This Agreement shall begin on April 7,2020("Effective Date")and shall expire on August 31, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. 3. COMPENSATION. 3.1 City shall pay Agency in accordance with the provisions of this Agreement and Exhibit "B"—Budget. Total payment made by City under this Agreement shall not exceed$140,243.00. ("Program Funds"), and shall be paid to Agency on a reimbursement basis. Agency shall not perform any additional services for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses incurred by Agency not specified by this Agreement unless City first approves such expenses in writing. If City determines in its sole discretion that this Agreement should be renewed as provided under Section 2 of this Agreement, the City shall provide an updated Exhibit "B", which shall include the not to exceed amount to be paid to Agency on a reimbursement basis during the renewal term. 3.2 Payment of the Program Funds from City to Agency shall be made on a cost- reimbursement basis following receipt by City from Agency of a signed Reimbursement Request Form("RRF") as described in Exhibit"C" along with copies of all receipts and other supporting documentation.The RRF and reports shall be submitted to City no later than the 15th day following the end of the month. Submittal of a monthly RRF and reports is required even if services are not provided. 3.3 The monthly RRF should be sequentially numbered and include expense documentation that is detailed,clear and concise. The submission shall include applicable monthly reports. Submissions must be scanned and submitted to the Directions Home Program Manager. Submissions should be titled"TARRANT COUNTY HOMELESS COALITION—RFR Month— HHSP-YOUTH Rapid Rehousing Services" and sent either via email to Tara.Perez@fortworthtexas.gov or via mail to ATTENTION: Tara Perez, Directions Home Manager, City Manager's Office, 200 Texas Street, Fort Worth TX 76102. Reimbursements will not be made until after receipt of an acceptable and approved RRF and monthly report as required. Reimbursements shall be made within 30 days receipt of said documents. Incomplete or incorrect submissions will be returned to the Agency for resubmission,restarting the 30-day reimbursement schedule. 3.4 Agency is authorized to modify up to five (5)percent of any budgeted line-item in the original approved budget without prior written permission from City. However, Agency must submit the Request for Budget Modification Form (Exhibit"E")to City, with the monthly RRF, during the month the modification took place. The new modified budget cannot exceed the total amount of Program Funds. Agency shall be solely responsible for any money spent in excess of the not to exceed amount included in this Agreement for the then-current term. CITY OF FORT WORTH Page 3 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION 3.5 Any modifications of more than five (5) percent of any budgeted line-item in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit "E") must be submitted, and request must be approved by City,before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. Agency shall be solely responsible for any money spent in excess of the not to exceed amount included in this Agreement for the then-current term. 3.6 Any modifications to zero line-items in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit"E")must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. Agency shall be solely responsible for any money spent in excess of the not to exceed amount included in this Agreement for the then-current term. 3.7 Agency will document cost allocations for all budgeted expenses throughout the entirety of the Agreement and will be responsible for having a policy and procedure in place for this documentation. Specifically, Agency will document how all shared costs, personnel time, or equipment that was fully or partially paid for using City funds, were used in furtherance of the program activities described in this Agreement. Documentation of these cost allocations, as well as a copy of the Agency's policy and procedures for the documentation of the cost allocations shall be made available to the City upon request. 3.8 The City reserves the right to reject any budget modification that the City believes, in its sole discretion, is not clearly aligned with the program activities and any requests for reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit "D" of this Agreement or an approved budget modification form. 3.9 Budget adjustments shall be submitted via either email to Tara.Perez@fortworthtexas.gov or to the Tara Perez, Directions Home Manager, City Manager's Office, 200 Texas Street, Fort Worth TX 76102. 4. TERMINATION. 4.1. Written Notice. City or Agency may terminate this Agreement at any time and for any reason by providing the other Party with 60 days' written notice of termination. 4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall reimburse Agency for allowable costs for services actually rendered up to the effective date of termination and Agency shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Agency shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the CITY OF FORT WORTH Page 4 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION event Agency has received access to City data as a requirement to perform services hereunder, Agency shall return all City-provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Agency hereby represents and warrants to City that Agency has made full disclosure in writing of any existing or potential conflicts of interest related to Agency's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Agency hereby agrees to make full disclosure of such conflict of interest to City immediately in writing. 5.2 Confidential Information. Agency,for itself and its officers,agents and employees, agrees that it shall treat all information provided to it (i) by City ("City Information") as confidential and shall not disclose any such information to a third party without City's prior written approval,and(ii)shall abide by all of the standards of confidentiality of client information("Client Information")in its performance of its duties and obligations under this Agreement including but not limited to those standards, rules and regulations regarding confidentiality required by HMIS and TCHC. "Client Information" is defined for the purposes of this Agreement as personal, demographic, or treatment data about the individuals being served by the program. 5.3 Unauthorized Access. Agency shall store and maintain City Information and Client Information in a secure manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City Information or Client Information in any way. Agency shall notify City immediately if the security or integrity of any City Information or Client Information has been compromised or is believed to have been compromised, in which event, Agency shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information or Client Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Agency agrees that City shall, until the expiration of 3 years after final payment under this Agreement, or the final conclusion of any audit commenced during the said 3 years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Agency involving transactions relating to this Agreement at no additional cost to City. Agency agrees that City shall have access during normal working hours to all necessary Agency facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Agency reasonable advance notice of intended audits. This provision shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR. CITY OF FORT WORTH Page 5 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION It is expressly understood and agreed that Agency shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Agency shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers,agents, servants, employees, consultants and sub vendors. Agency acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Agency. It is further understood that City shall in no way be considered a Co- employer or a Joint employer of Agency or any officers,agents, servants, employees or sub vendor of Agency. Neither Agency,nor any officers,agents,servants,employees or sub vendor of Agency shall be entitled to any employment benefits from City. Agency shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or sub vendors. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY-AGENCY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF AGENCY,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - AGENCY HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTSAND EMPLOYEES,FROMAND AGAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYMND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO AGENCY'S BUSINESS AND ANYRESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OFAGENCY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. This section shall survive the expiration or termination of this Agreement. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Agency shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Agency under which the assignee agrees to be bound by the duties and obligations of Agency under this Agreement. Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement prior to the effective date of the assignment. CITY OF FORT WORTH Page 6 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION 9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written agreement with Agency referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Agency under this Agreement as such duties and obligations may apply, including indemnification under section 8 of this agreement and all insurance requirements. Agency shall provide City with a fully executed copy of any such subcontract. The City hereby gives Agency permission to subcontract case management work to Resources Inspiring Success and Empowering (RISE). 10. INSURANCE. Agency shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Agency, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability(Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the CITY OF FORT WORTH Page 7 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION duration of the contractual agreement and for 2 years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of 30 days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to City as provided in the Notice section of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Agency has obtained all required insurance shall be delivered to the City prior to Agency proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. Agency agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations, the requirements in Exhibit F pertaining to performance, reporting, and compliance, and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Agency of any violation of such laws, ordinances, rules or regulations, Agency shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. CITY OF FORT WORTH Page S of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION Agency, for itself, its personal representatives, assigns, sub vendors and successors in interest, as part of the consideration herein, agrees that in the performance of Agency's duties and obligations hereunder, it shall not discriminate in the treatment, assistance provided under this Agreement, or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY AGENCY, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS IN INTEREST, AGENCY AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. This section shall survive the expiration or termination of this Agreement. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other Party by United States Mail,registered,return receipt requested, addressed as follows: To City: To Agency: City of Fort Worth Tarrant County Homeless Coalition City Manager's Office Attn: Tammy McGhee, Executive Director Attn: Tara Perez,Directions Home Manager 300 S. Beach 200 Texas Street Fort Worth TX 76107 Fort Worth, TX 76102-6314 Facsimile: (817) 791.9489 Facsimile: (817) 392- 2235 With copy to City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Agency shall, during the term of this Agreement and additionally for a period of 1 year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either Party who responds to a general solicitation of advertisement of employment by either Party. 15. GOVERNMENTAL POWERS. CITY OF FORT WORTH Page 9 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Agency to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Agency's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Agency shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems, pandemic, epidemic, outbreaks, and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits "A", "B", "C", "D" and"E". CITY OF FORT WORTH Page 10 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a Party hereto unless set forth in a written instrument, which is executed by an authorized representative of each Party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits "A", "B", "C", "D", and "E" contains the entire understanding and agreement between City and Agency, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Agency warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within 30 days from the date that the services are completed. In such event, at Agency's option, Agency shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms to the warranty, or (b) refund the fees paid by City to Agency for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. City actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility,employment verification, and nondiscrimination.Agency shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agency shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Agency shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. CITY OF FORT WORTH Page 11 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for- hire" within the meaning of the Copyright Act of 1976, as amended, Agency hereby expressly assigns to city all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright,patent,trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. CHANGE IN COMPANY NAME OR OWNERSHIP Agency shall notify City's Assistant City Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated city records. The chief executive officer of Agency or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective Party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Agency. Each Party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Agency acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Agency certifies that Agency's signature provides CITY OF FORT WORTH Page 12 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION written verification to the City that Agency: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 31. CONFIDENTIAL INFORMATION Agency acknowledges that the City is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Agency acknowledges that this agreement will be publicly available on the City's website, and Agency is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. [SIGNATURE PAGE TO FOLLOW] CITY OF FORT WORTH Page 13 of 106 Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP-YOUTH RENTAL ASSISTANCE AND ADMINISTRATION IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple originals on the date written below their respective signatures to be effective on the Effective Date. CITY OF FORT WORTH: ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person 3DlL responsible for the monitoring and administration of By: Fernando Costa(Apr 23,2027 this contract,including ensuring all performance and Name: Fernando Costa reporting requirements. Title: Assistant City Manager Apr 23,2020 Tiya ��e"L Date; By:Tara Perez(Apr 23,2C20) Name: Tara Perez APPROVAL RECOMMENDED: Title: Directions Home Manager T APPROVED AS TO FORM AND LEGALITY: ea Jerez 13 r.Perez(Apr 23,2020) DJ Name: Tara Perez Title: Directions Home Manager By!Pate(Ap 020) 0 Name: Jo Ann Pate ATTEST: ® ......, %n, Title: Assistant City Attorney CONTRACT AUTHORIZATION: r C?; M&C: Ordinance No. 24161-04-2020 Name: Mary J.Kay er 1295: Title: City Secretary r Agency: Tarrant County Homeless Coalition ATTEST: iq�Ohm By:Tammy McG ee(Apr 23,2020) By: Name:Tammy McGhee Name: Title:Executive Director Title: Date: Apr 23,2020 CITY OF FORT WORTH a o16�� Agreement for Homeless Services—TARRANT COUNTY HOMELESS COALITION—HHSP- O EE RENTAL ASSISTANCE AND ADMINISTRATION FT; WORTH, EXHIBIT "A" SCOPE OF SERVICES HHSP-YOUTH RAPID REHOUSING SERVICES TARRANT COUNTY HOMELESS COALITION will do the following: Agency shall comply with all requirements in the attached TDHCA contract, except for those that require the City of Fort Worth to submit information to TDHCA—including eligible expenses,programmatic and financial reporting, and compliance—as set forth in Exhibit F. Eligible clients are those who are homeless in the City of Fort Worth and ages 18-24 and referred by Tarrant County Homeless Coalition. Agency will: • Provide appropriate referrals to navigators • Pay rental assistance and other lease up expenses to landlords • Provide rental assistance to at least 15 clients during the term of this Agreement. • Sub-contract with a supportive service provider to provide case management to clients housed with rental assistance • Enter client records in Homeless Management Information System (HMIS)within three (3) days of service provision • Submit on time reports Other lease up expenses include application fees, apartment administrative fees, security deposits, high risk fees and opportunity fees. High risk and opportunity fees are extra charges for tenants without a rental history, with an eviction history, with a criminal justice history and/or without income. The goal is to provide rental assistance to at least 15 households. Evaluation: Evaluation meetings will be held with Directions Home staff to continually evaluate program and Agency shall comply as necessary and in good faith. Financial reporting: Reimbursement Request and any necessary supporting documentation and reports will be submitted by the 15th of every month in format of Exhibit"C". Programmatic reporting: Supportive Services Agreement—Exhibits Page 15 of 106 Monthly reports will be submitted by the 15'of every month in format of Exhibit"D". Quarterly reports will be submitted by the 15th of July, October, January and April in the format of Exhibit"D". Supportive Services Agreement—Exhibits Page 16 of 106 EXHIBIT "B" BUDGET Agency will submit invoice for reimbursement by the 1511 of the month following the month services were urovided. This report shall itemize each monthly expense requested for reimbursement by the Agency and shall be included in Budget submitted. In order for this report to be complete the following must be submitted: For payroll expenses, timesheets signed and dated by employees and approved by supervisor for all payroll expenses listed with the code of time being billed to City/Directions Home. Paystub must include pay period, date paid, amount and expenses (salary, FICA, benefits etc). If pay stubs are unavailable, payroll registries with applicable expenses highlighted and labeled will suffice. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request with the exception of the first Reimbursement Request which may include items from the Effective Date of the Agreement to the end of the reporting month. For non-payroll expenses, invoices for each expense listed. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request with the exception of the first Reimbursement Request which may include items from the Effective Date of the Agreement to the end of the reporting month. Proof that each expense was paid by the Agency, which proof can be satisfied by cancelled checks. If a cancelled check is not possible,a bank statement with the expense highlighted and labeled will suffice. If allocations percentages are used, all documentation must be submitted with the first month's invoice. For the audit, bank statements showing payments, Form 941 s and allocation documentation will be reviewed. Reimbursement Requests shall be submitted to: City Manager's Office Directions Home Attention Tara Perez 200 Texas Street Fort Worth TX 76102 Supportive Services Agreement—Exhibits Page 17 of 106 PROGRAM COSTS Total $140,243.00 A. PERSONNEL (By title PERSONNEL TOTAL: B. FRINGE BENEFITS FRINGE BENEFITS TOTAL: C. MILEAGE MILEAGE TOTAL: D. CELL PHONES/EQUIPMENT CELL PHONES/EQUIPMENT TOTAL: E. CLIENT EXPENSES Rental assistance, other lease up costs $110,372.00 CLIENT EXPENSES TOTAL: $110,372.00 F. OTHER APPROVED Indirect Costs $9,871.00 Contracted case management services $20,000.00 OTHER APPROVED TOTAL: $29,871.00 TOTAL PROGRAM COST: $140,243.00 *Client Expenses are defined as rental assistance,application fees,apartment administrative fees, security deposits, high risk fees and opportunity fees. High risk fees and opportunity fees are sometimes charged to clients without a rental history, clients with evictions, clients with criminal background histories and/or clients without income. Supportive Services Agreement—Exhibits Page 18 of 106 EXHIBIT "C" REIMBURSEMENT REOUEST FORM Expenses Name of employee or Amount Date Check client Invoiced No. Expense: Personnel Salary Salary Salary Salary Total: FICA(Medicare/Social Security) FICA(Medicare/Social Security) FICA(Medicare/Social Security) Health Insurance Health Insurance Health Insurance Dental Insurance Dental Insurance Dental Insurance Life Insurance Life Insurance Life Insurance Disability Insurance Disability Insurance Disability Insurance Retirement Retirement Retirement Unemployment Insurance Unemployment Insurance Unemployment Insurance Workers Compensation Workers Compensation Workers Compensation Total of all Benefits: Mileage Mileage Mileage Mileage Total: Cell phone Supportive Services Agreement—Exhibits Page 19 of 106 Cell phone Cell phone Cell Phone Total: Type of Client Ex enseNendor Client Expense Total: OperationsNendor: Operations Total: Other Other Total: Total Invoiced Amount Attestation Contractor: Program: Name of Person submitting report: Date Range Covered by this report: I have reviewed this report and certify that it is a complete, accurate, and up-to-date reflection of the services rendered under the terms of our Agreement with the City of Fort worth. Signature: Total Supportive Services Agreement—Exhibits Page 20 of 106 EXHIBIT "D" REPORTING FORMS Bi-Monthlyl Report Current Reporting Quarter Submitting Agency Contact Name Phone Number and Email Remit Address Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 Less than 15%returns to homelessness within one year Outcome Measure 2 At least 90% of clients are housed within 30 days Outcome I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the Directions Home goals set forth in the contract. Authorized Signatory Signatory Title Date Supportive Services Agreement—Exhibits Page 21 of 106 Texas Department of Housing and Community Affairs Supplemental HHSP Monthly Report Collection Form Subrecipient or Vendor Name: Reporting Month Is this report Contract adjusting a prior Number: month? Contract Term: If"Yes",what is the reason for the adjustment request? HHSP Monthly Performance Report Total Components Unduplicated HHSP Entries Total Components for Persons Persons Entering 0 Entering 0 Total Components for Households THholds Entering ring 0 Unduplicated Race Unduplicated Unduplicated Unduplicated Ethnicity Gender Age American Non- Indian/Alaska Hispanic/Non- Native 0 Latino 0 Male 0 Under 18 0 Asian 0 Hispanic/Latino 0 Female 0 18-24 0 Black/African- Ethnicity Trans Female American 0 Unknown 0 (MTF) 0 25-61 0 Native Hawaiian/Pacific Trans Male 62 and Islander 0 (FTM) 0 over 0 Gender Non- Age White 0 Conforming 0 Unknown 0 Gender Race Unknown 0 Unknown 0 Total Race 0 Total Ethnicity 0 Total Gender 0 Total Age 0 HHSP Youth Set-Aside Reporting Unduplicated Components for Components for Children/Youth New Bed for Special Populations- Children/Youth in Youth Headed in YHH Children/Youth Youth in YHH YHH Households(YHH) Outcomes in YHH Supportive Services Agreement—Exhibits Page 22 of 106 Essential Essential Homeless Persons in at Services- Services- Persons least one special Homeless Homeless Maintained Shelter Beds population 0 Persons 0 Households 0 3+Months 0 Constructed 0 HA Homeless Victims of HA Persons- Households- Households Domestic Street Street Maintained Shelter Beds Violence 0 outreach 0 outreach 0 3+Months 1 0 Rehabilitated 0 HA Unaccompanied HA Persons- Households- Children(Under Transitional Transitional Shelter Beds 18) 0 Living 0 Living 0 Converted 0 Households Persons Using Using Unaccompanied Day/Night Day/Night TL Beds Youth(18-24) 0 Shelter 0 Shelter 0 Constructed 0 Parenting Case Case Children and Management- Management- Youth(24 and Homeless Homeless TL Beds under) 0 Persons 0 Households 0 Rehabilitated 0 Children of Parenting Youth TL Beds (Under 18) 0 Converted 0 Veterans 0 HHSP Monthly Expenditure Report Budget Draw Availab Total Non- This Ite ed le Monthly g Draw m# Category Amoun pate Balanc Expenditur Fund Amou t e es Credit nt 1 Administration $ - $ - $ - $ - $ - $ - 2 Case Management Salary $ - $ - $ - $ - $ - $ - Construction/Rehabilitation/Con 3 version $ - $ - $ - $ - $ - $ - Supportive Services Agreement—Exhibits Page 23 of 106 4 Essential Services $ - $ - $ - $ - $ - $ - 5 Homelessness Assistance $ - $ - $ - $ - $ - $ - 6 Homelessness Prevention $ - $ - $ - $ - $ - $ - 7 Shelter Operations $ - $ - $ - $ - $ - $ - TOTAL: $ - $ - $ - $ - $ - $ - Supportive Services Agreement—Exhibits Page 24 of 106 EXHIBIT "E" REQUEST FOR BUDGET MODIFICATION PROGRAM COSTS flHoet Categoryr ved BudgetChange Requested RevisedBudget 9ATWRR9Ag Agency ui ment Client Costs Other Approved Total Costs • Up to 5% of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5% of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval Modification Narrative describe in detail what change is for I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date STAFF USE ONLY 0 0 Modification Approved Modification NOT Approved Staff Signature Date Supportive Services Agreement—Exhibits Page 25 of 106 EXHIBIT F GRANT REQUIREMENTS TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT NUMBER 18206010006 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 18206010006 ("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 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"), Rider 16 from Tex. H.B. 1, Article VII, 86th Leg., R.S. (2019.)[ ("Rider 1611)], 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. Supportive Services Agreement—Exhibits Page 26 of 106 8. 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; 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, anBCIA with all other terms of this Contract. All exhibits and addendums are attached hereto anQRD incorporated herein for all relevant purposes. ITV SECRETARY City of Fort Worth 18206010006 Supportive Services Agreement—Exhibits Page 27 of 106 c. Except for changes that are required because of changes described in Section I I(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 10TAC§7.3. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subr ecipient'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. City of Fort Worth 18206010006 2 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 ONE HUNDRED FORTY THOUSAND TWO HUNDRED FORTY-THREE DOLLARS ($140,243.00). 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 5.METHOD OF PAYMENT/CASH BALANCES A. In accordance with 10 TAC §7.S(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 City of Fort Worth 18206010006 3 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 properly 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 S(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 signific mt 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 (601 calendar days in accordance with 10 TAC§7.S(b}. H. Subrecipient shall refund to the Department any funds which Department City of Fort Worth 18206010006 4 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 (SI business days in accordance with 10 TAC §1.21(e). SECTION6. COSTPRINCIPLES,ADMINISTRATIVEREQUIREMENTS,ANDAUDIT REQUIREMENTS A. COST PRINCIPLES,ADMINISTRATIVE REQUIREMENTS. Exceptas expressly modifiedby Jaw 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 Subr ecipient. 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. City of Fort Worth 18206010006 5 Subrecipient agrees to comply with any applicable UGMS updates that may be released during the Contract Term. Updates to UGMS may be found this website: https:Hcomptroller.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(8) 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. City of Fort Worth 18206010006 6 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. 8.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 City of Fort Worth 18206010006 7 possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract. C.DEPARTMENT LJABILITY.Department shall not be liable for any costs incurred by Subrecipient after termination of this Contract. D.SUBRECJPIENT LIABILITY.Notwithstanding any exercise by Department ofits right oftermination 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 ofthis Contract, all funds remaining on hand on the date of termination, and all accounts receivable attributable to the use offends 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. SECTION8. 4LLO W,4BLE E"ENDIT URES 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 Rider 16,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 and Rider 16, provided Subrecipient receives prior written approval from the Department. SECTION9. 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 Ill, City of Fort Worth 18206010006 8 Common Rufe: 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.WRITIEN POLICIES AND PROCEDURES. Subrecipient must have written policies and procedures to ensure that sufficient records are established and maintained to enable a determination that HHSP requirements are being met. The written standards must be applied consistently for all Program Participants. The written standards must include, but are not limited to Inclusive Marketing as identified in 10 TAC§7.10. C.PROGRAM PARTICIPANT FILES. In accordance with 10 TAC§7.28(g), Subrecipient shall maintain Program Participant files, for non-emergency activities providing direct subsidy to a Program Participant regardless if the client is directly receiving the funds, that containing the following: City of Fort Worth 18206010006 9 (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 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; (8)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 City of Fort Worth 18206010006 10 (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 ofthe 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 Subrecipient for aperiod of three (3) years that starts on the day the Single Audit is due or would be City of Fort Worth 18206010006 11 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 HMIS, 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§7.5(h}(2), HHSP Subrecipient will submit information to the Department for biennial reporting to City of Fort Worth 18206010006 12 the Texas Legislature. E.CONSTRUCTION ACTIVITIES. Jn 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 City of Fort Worth 18206010006 13 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 Jaw 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 andexecuted 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. QUESTS. Amendment requests may be considered at the discretion ofthe 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 City of Fort Worth 18206010006 14 program income if they remain with the Program Participant, and are returned only to the Program Participant. 8. 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 City of Fort Worth 18206010006 15 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. City of Fort Worth 18206010006 16 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 allof theterms 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 fonds 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. City of Fort Worth 18206010006 17 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 IJ, Cost Principles for State and Local Governments and Other Affected Entities, Attachment B. 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 Local Government Code. If Subrecipient will enter into a public works contract with a third-party in the amount of$50,000 or greater, City of Fort Worth 18206010006 18 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 runto 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. City of Fort Worth 18206010006 19 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 reviev.J 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 perfonn 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 Jaws governing its creation and existence, and will -continue to be duly authorized and qualified to transact any and all applicable City of Fort Worth 18206010006 20 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 onbehalf 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 City of Fort Worth 18206010006 21 of Subrecipient to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any money it has received from Department for performance of the provisions of this Contract,if the Department has terminated this Contract for reasons enumerated in this Section 21. E.MERGER:DEFAULT. Subrecipient understands that it is an event of default under this Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient's ability to perform under the terms of this Contract. SECTION 22. COMPLIANCE WITH LAWS A. FEDERAL.STATE AND LOCAL LAW. Subrecipient shall comply with the State Act,Rider 16,the HHSP State Rules, and all federal, state, and local Jaws 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 use §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 City of Fort Worth 18206010006 oral and written translation, where necessary. D.REHABILITATIONACT OF 1973. Section 504 ofthe 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). City of Fort Worth 18206010006 F.AGE DISCRIMINATION. Subrecipient must comply with the Age iscnmmation Act o (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 aviolation 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 City of Fort Worth 13 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. City of Fort Worth 14 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 under the program, may obtain a financial interest or benefit from an assisted activity; have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity; or have a financial interest in the proceeds derived from an assisted activity, either for him or herself or for those with whom he or she has family or business ties, during his or her City of Fort Worth 15 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 under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government, the State of Texas,or the government of the United States. City of Fort Worth 16 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. §13521 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.5.C. §2000d et seq), and implementing regulations at 24 City of Fort Worth 17 C.F.R. Part I, and (v) Titles II and Ill 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 ACCOM ODATIONS. 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. Subrecipient shall make known that use of the facilities and services funded under this Contract are available to all on a nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability. City of Fort Worth 18 F.AFFIRMATIVELY FURTHERING FAIR HOUSING.By Subrecipient's execution ofthe Contract, Subrecipient agrees to affirmatively further fair housing by using funds in a manner that follows the "State of Texas'Analysis of Impediments" and will maintain records in this regard. 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 prior to awarding funds under this Contract to a potential subgrantee, that the verification process to comply with this requirement will be accomplished by checking the System for Award Management(SAM)at www.sam.gov and including a copy of the results in its project files. 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 City of Fort Worth 16 Addendum Coran explanation of why it cannot provide said certification shall disqualify Subrecipient from participation under this Contract. The certification or explanation will be considered in connection with the Department's determination whether to continue with this Contract. Subrecipient shall provide immediate written notice to Department if at any time Subrecipient learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.Subrecipient further agrees by executing this Contract that it will include the certification provision titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum C, without modification, and thls 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. City of Fort Worth 17 8. CONSTRUCTION STANDARDS. Notwithstanding and subject to Cbapter 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 8, 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 ofthe 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 ural 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: City of Fort Worth 18 (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 (s)Exhibit A - Performance Statement (6)Exhibit B - Budget City of Fort Worth 19 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 underthis 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 proselytization, 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 offederal,provincial, local or foreign Governmental Authorities; and B.The non-performing party is without fault in causing or failing to prevent the City of Fort Worth 20 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. City of Fort Worth 21 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. O. Box 13941 Austin, Texas 78711-3941 Attention: Abigail Versyp, Director of HOME and Homeless Programs Division Telephone: (512)475-0908 Fax: (512) 475-0220 abigail.versyp@tdhca.state.tx.us As to Subrecipient: City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Fernando Costa City of Fort Worth 22 Telephone: (817) 392-6122 femando.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 City of Fort Worth 23 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 City of Fort Worth 24 defined thereunder, iff aids 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 ontrary to this Section 44 during the Contract Term. SECTION 45. PREVENTION OF TRAFFICKING A. 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. City of Fort Worth 25 WITNESS OUR HAND EFFECTIVE: SUBRECIPIENT: City of Fort Worth, apolitical subdivisiomf the State of B ) TewsName: Fernando Costa Title: Assistant City Manager Date: 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: Title:Its duly authorized officer or representative Date: OffiCIAl RECORD rtY SECRE '.ARY City of Fort T. WOR1 , TX Worth 26 WJTNESS OUR HAND EFFECTIVE; SUBRECIPIENT: City of Fort Worth, a political subdivision of the State ofrexas By:1. CL Name: Fernando Costa Title: Assistant City Manager Oate: 1 Ute/t. 11 iIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY'fHE EXECUTJVE DIRECTOR Of THE TEXAS DEPARTMENT OF HOUSrNG AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. THIS CO TRACT IS APPROVED,ACCEPTED AND MADE TO BE EFFECTIVE ON Septer:nber 1,2019,AND WILL TERMINATfON November 15,2020,AS FURTHER INDICATED JNSECTION Z,ON BEHALF'O£ DEPARTMENT: TEXAS DEPARTMENT OFHOUSING AND COMMUNITY,AFFAIRS, a publ!.7rd official a ncy of the State ofrexas By: .f( ft�, I Name; u Title: Its duly authorized officer or represI:1ntative Date: 111J.04!7 1 1, City of Fort OFFICIAi.RECOHD Worth CPNSE ETARY VJ.10601000 FT. WORTH, T 6 IN WITNESS WHEREOF,the patties hereto have executed this agreement, to be effective this 18✓1.dayofX,4ytM.tr 920 FOR CITY OF FORT WORTH: cxo�- Gr. Fernando Costa Assistant City Manager Date: 11;'tl J Tij_VALRE NDED Date: APPROVED AS TO FORM D ATTEST: LEGAIl7 Jo Ann Pat sm tant ty Attorney Mazy J_ Kayse , ecretary Date: __ Date: Contract Compliance Manager: M&C No.: 14 '-/JJ ff IO/,5/[-1 By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all P li1e ts. 9 Tara Perez Manager, Directions Home OFFICIAL RECORD CITY SECRETARY T. WORTH,, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18206010006 ADDENDUM A CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS City of Fort Worth, a political subdivision of the State of Texas The undersigned certifies, to the best of its knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit standard City of Fort Worth 18206010006 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 relianee was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting 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 suchfailure. Statement for Loan Guarantees and Loan Insurance City of Fort Worth 18206010006 The undersigned states, to the best of its knowledge and belief, that: If any funds have been paid or will bepaid 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: <;i:4-1CL Name: Fernando Costa Title: Assistant City Manager Date: —L=4411!<44T.J - - - - - - - City of Fort Worth 18206010006 Off CU\i. RE«::Om] nv SECRETARY T.WORTH, T� City of Fort Worth 18206010006 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18206010006 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 AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the Department of Health and Human Services, the central point is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 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; City of Fort Worth 18206010006 (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 City of Fort Worth 18206010006 12)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; (eJ Notifying the agency in writing, within ten (10) calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working,unless the Federal agency has designated a central point for the receipt of such notices.Notice shall include the identification number(sJ of each affected grant; (f)Taking one of the following actions,within thirty 130)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 ofparagraphs(a),(b),(c),(d),(e) and(f). Place(s) of Performance [site(s) for the performance of work done in connection with thespecific grant] (include street address, city, county, state, zip coder) �/� 1. 2.00 Texas: -1- ,c r y� �ter , l� �b2, 2. 3. 4. City of Fort Worth 18206010006 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used(e.g.,all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon award, if there is no application, the Subrecipient must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the Subrecipient's drug-free workplace requirements. This certificatipn 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, City of Fort Worth 18206010006 in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. City of Fort Worth, a}political subdivision of the State of Texas B Y: Name: Fernando Costa Title: Assistant City Manager Date: IlhaJ,�� Of-fiCITAI RI:CORDI CITY SECRE u RY T.UVORTH, V X City of Fort Worth 18206010006 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18206010006 ADDENDUMC 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 hadone or more public transactions (Federal,State or local)terminated for cause or default; and City of Fort Worth 18206010006 (e)Will submit to the Department information about each proceeding that occurs during this Contract Term or during the recordkeeping period that: (1) Is in connection with this award; (2) Reached its final disposition during the most recent five year period; and (3) Is one of the following: i. A criminal proceeding that resulted in a conviction, as defined below; ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more; iii. An administrative proceeding, as defined below,that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of$5,000 or more or reimbursement, restitution, or damage in excess of$100,000; or City of Fort Worth 18206010006 iv. Any other criminal, civil,or administrative proceeding if- 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: i. An "administrative proceeding" means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. ii. A"conviction",for purposes of this award term and condition,means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract. The undersigned Subrecipient further agrees and certifies that it will include the below clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Subcontracts/Lower Tier Covered Transaction," without modification, in all subrecipient contracts, subcontracts and in all solicitations for subcontracts: "CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS City of Fort Worth 18206010006 (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,suchprospective participant shall attach an explanation to this proposal. City of Fort Worth 18206010006 LOWER TIER PARTICIPANT/ SUBCONTRACTOR: Entity Name, Entity Type By: Subcontractor Signature Authority Name By: Subcontractor Signature Title Date: 11 This certificaJion 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: S: Name: Fernando Costa Title: Assistant City Manager Date: �� ► ►► City of Fort Worth 18206010006 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SETwASIDE GENERAL REVENUE CONTRACT 18206010006 ADDENDUM D PRWORA REQUIREMENTS City of Fort Worth, a political subdivision of the State of Texas If an individual is applying for HHSP funds, a Subrecipient must verify that the individual applying for HHSP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996,("PRWORA") or("Act"),Pub.L. 104- 193, 110 Stat. 2105,codified at 8 U.S.C. §1601 et.seq., as amended bythe Omnibus Appropriations Act, 1997,Pub.L. 104-208. To ensure that a non-qualified applicant does not receive "public benefits," a political subdivision that administers "public benefit programs" is required to determine, and to verify, the individual's alienage status before granting eligibility. 8 U.S.C. §1642(a)and (b).Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility once access to the system is provided by the Department. There are certain types of assistance that are not subject to the Act's restriction on access to public benefits based on immigration status. This includes activities that: (1) deliver in- kind services at the community level, (2) are necessary for the protection of life or safety, and (3) do not condition the provision of assistance on the applicant's income or resources. Generally,under the HHSP State Rules, an activity that provides a public benefit to a Household that is Homeless is exempt, while an activity that is provided to a Household that is AtwRisk of Homelessness is not exempt. However,if Subrecipient has adopted income based criteria for the provision of assistance, than that activity may be subject to the Act.Yet, some activities do not provide a public benefit to a Household such as a case manager performing a Household eligibility determination or purchase of an HMIS City of Fort Worth 18206010006 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. City of Fort Worth 18206010006 (a) Establish the identity ofthe 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 citiienship 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; (9 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; City of Fort Worth 18206010006 (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.eb 1 d4c2a3 e5b9ac89243 c6a7543 f 6dla/?vgne xtoid""Od37dffd79029310VgnVCM100000082ca 60aRCRD&vgnextchannel""Od37dffd790293IOVg nVCMI00000082ca60aRCRD (h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for verification; (i)Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and all other provisions of this Contract; City of Fort Worth 18206010006 0) Comply with the requirements of the Federal Information Security Management Act(FISMA (PL-107-347), Title Ill, 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/USCISNerification/SAVE/SAVE Native_Documents/Fact She et HowToCo rrectYourRecordswithUSCIS.pdf(subject to revision and reposting on the SAVE Website and Online Resources); (I) 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 OHS 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/USCISNerification/SAVE/SAVE Native—Documents/Fact—She et HowToCo rrectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources); City of Fort Worth 18206010006 (o)Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision,if necessary;and (p)Refrain from using SAVE, or assisting any person or entity,to comply with the employment eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C. §1324a. (2) Monitoring and Compliance. (a)Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use,abuse,misuse,fraudulent use or improper use of SAVE by City of Fort Worth 18206010006 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; City of Fort Worth 18206010006 (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. City of Fort Worth 18206010006 (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 City of Fort Worth 18206010006 ATTN: SAVE Operations Phone: {888)464-4218 Email: saveregistration@dhs.gov USCJS 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 City of Fort Worth 18206010006 (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: CK 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. SUBRECI PI ENT: City of Fort Worth, a political subdivision of the State of Texas t;:L By: Name: Fernando Costa Title: Assistant City Manager Date: ..!I.J"""A18-" U.9 City of Fort Worth 18206010006 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18206010006 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 A.Definitions (1) "Transitional Living Activities" means activities that are designed to provide safe short-term housing (typically less than 24 months) in conjunction with appropriate supportive services designed to help Youth Headed Households become self-sufficient.Rapid Rehousing is an example of a Transitional Living Activity.A (2) "Youth Headed Household" means a household that includes unaccompanied youth 24 years of age and younger,parenting youth 24 years of age and younger and children of parenting youth 24 years of age and younger. City of Fort Worth 18206010006 8.Program Activities. Subrecipient agrees to perform only the following measurable activities for Homeless Youth Headed Households: City of Fort Worth 18206010006 (1) Persons Served (a Essential Services for Persons experiencing Homelessness in Youth- Headed Households (only eligible in conjunction with a street outreach, case (b Street Outreach for Persons experiencing Homelessness in Youth-Headed Households 5 (c) Transitional Living for Persons experiencing Homelessness Youth-Headed Households 15 (d) Persons experiencing Homelessness in Youth-Headed Nnmehnlrlc in an TNTNRP-Vnnth fiinded dw/niuht Rh elter 0 (e) Case management for Persons experiencing Homelessness in Youth-Headed Households 20 (2) Outcomes {a} Persons in Youth-Headed Households who were Homeless and have maintained housing for three 17 months after HHSP exit (3) New Beds to New Shelter beds created through Construction: 0 (b) New Shelter beds created through Rehabilitation: 0 (c) New Shelter beds created through Conversion: 0 (d) New Transitional Living beds created through Construction 0 (e) New Transitional Living beds created through Rehabilitation 0 (f New Transitional Living beds created through Conversion 0 City of Fort Worth 37 I This number may include the all persons assisted through the operations of the shelter. City of Fort Worth 38 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2020 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18206010006 EXHIBITS BUDGET City of Fort Worth, a political subdivision of the State of Texas J. 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. IJ. BUDGET FOR AVAILABLE ALLOCATIONS ADMINISTRATION $9,871.00 CASE MANAGEMENT SALARY $60,000.00 CONSTRUCTION/REHABILITATION/CO $0.00 NWRISION ESSENTIAL SERVICES (only eligible $5,000.00 in conjunction with a street outreach, case management, emergency shelter, street outreach- or housing through a HOMELESS ASSISTANCE through a $65,372.00 street outreach, emergency shelter, or Transitional Living Activity OPERATIONS $0.00 City of Fort Worth 39 TOTAL FUNDS AWARDED $140,243.00 JII. 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 City of Fort Worth 40 request(s) from the Subredpients received at least thirty (30) calendar days prior to the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final thirty (30) calendar days of the Contract Term. City of Fort Worth 41 M&C Review Page I oft CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas f DRJWORTH DATE: 1011512019 **M&C AND MELESS HOUSING REFERENCE 19- LOG NAME: SERVICES PROGRAM - NO.: 0218 YOUTH SET-ASIDE CODE: TYP CONSEN HEAWG: N E: T O G SUBJECT: Ratify Acceptance of Grant from, and Authorize Contract with, Texas Department of Housing and Community Affairs (TDHCA) for Homeless Housing and Services Program Funds - Youth Set-Aside (HHSP-Youth) in the Amount of$140,243.00, Adopt Appropriation Ordinance, and Adopt Resolution (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Ratify acceptance of a grant from, and authorize a contract with, the Texas Department of Housing and Community Affairs for Homeless Housing and Services -Youth Set-Aside funds in the amount of $140,243.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the amount of$140,243.00 upon notification of award; and 3. 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 Texas Legislature passed an increase in funding for HHSP over the 2020- 2021 biennium with additional funds to address homelessness among young adults 18 to 24 years of age. The amount allocated to the City of Fort Worth is $140,243.00. Eligible services include case management, emergency shelter, street outreach and transitional living. After receiving input from the Tarrant County Homeless Coalition and homeless service providers regarding needs, City staff issued a request for proposals to provide transitional living programs including case management. A transitional living program is one in which case management services and rental assistance are provided to young adults ages 18 to 24, with the goal of moving clients from homelessness to housing and enabling them to live independently. As part of the transitional living program, rental assistance will be provided to http://apps.cfwnet.org/council_packet/mc_review.asp?ID=273 66&councildate=10/15/2019 11/12/2019 young adults for up to 24 months using a Housing First model. All youth will be pulled from the Coordinated Entry list overseen by the Tarrant County Homeless Coalition. The City's Directions unit will administer the HHSP-Youth funds and monitor the sub-recipient selected through the RFP process. The grant period began on September 1, 2019. A Form 1295 is not required 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, 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 Horne unit will be responsible for the verification and submission of docu(nents for these funds. Prior to expenditure being made, the Directions Horne unit http://apps.cfwnet.org/council_packet/mc_review.asp?ID=273 66&councildate=10/15/2019 11/12/2019 M&CReview Page 2 of2 has the responsibility to validate the availability of funds. Fund Department Account Project Prograni4cUiVy B udg J r e€erenee ""'^"a+ TO ID - Y Mal"21__ 1 ear ield_ D FIM Prod ram_.....Acuv ity it.,._ ;;_g"r;_; Amount ---- rn r ndueT Dep men Accoun- -Pr rebc t Submitted for City Manager's Office Valerie Washington (6199) by: Originating Department Head: Valerie Washington Additional Information Contact: (6199) Valerie Washington (6199) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27366&councildate=10/15/2019 11/12/2019 ATTACHMENTS 02HOMELESS HOUSING AND SERVICES PROGRAM -YOUTH SET- ASIDE 21002 A020.docx resolution.homelessness.9.5.19.doc Supportive Services Agreement—Exhibits Page 45 of 106