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HomeMy WebLinkAboutContract 54269CSC No. 54269 STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Tarrant County Samaritan House, Inc. (hereafter "Agency"), a Texas non- profit corporation. City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development (HUD) through the Housing Opportunities for Persons with AIDS Program ("HOPWA-CV") Program, Program No. TX-H2O-FHW002, Catalog of Federal Domestic Assistance No. 14.241; WHEREAS, City has received an additional allocation of HOPWA grant monies under the Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act), referenced by HUD as "HOPWA-CV"; WHEREAS, the HOPWA regulations and related HUD guidance publications establish all requirements for the HOPWA-CV funds except for those specifically described in this Contract as deriving from the CARES Act; WHEREAS, the HOPWA program is intended to address the needs of eligible persons associated with the challenge of living with HIV/AIDS and their families; WHEREAS, Agency was selected to use HOPWA-CV funds for an eligible program under the HOPWA Regulations whereby Agency will provide services to low and moderate income persons; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that HOPWA programs are needed by the City's citizens; NOW, THEREFORE, the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS In addition to terms defined in the body of this Contract, the terms set forth below shall have the definitions ascribed to them as follows: HOPWA-CV PSA CONTRACT CARES ACT 2020 TARRANT COUNTY SAMARITAN HOUSE, INC. OFFICIAL RECORD CITY SECRETARY Page 1 FT. WORTH, TX Rev. 6/19.2020 Area Median Income or AMI means the median family income for the Fort Worth -Arlington metropolitan statistical area as established annually by HUD. The 2020 income limits are attached hereto as EXHIBIT "A-1" — 2020 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. Complete Documentation means the following documentation as applicable: Attachments I, II, and III, with supporting documentation including: o Proof of expense: copies of timesheets, invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: Source Documentation sufficient to show that clients participating in the Program are HOPWA-CV Eligible Clients as described in Section 6. o Proof of relationship of the cost to prevention, preparation for, or response to COVID-19: this may include a written narrative signed by an authorized official of Agency explaining how the expense(s) helped to prevent, prepare for, or respond to the Coronavirus. Complete Documentation shall meet the standards described in the attached EXHIBIT "F"- Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the City's Neighborhood Services Department. Effective Date means March 13, 2020. HOPWA means Housing Opportunities for Persons with AIDS. HOPWA-CV Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances verified by Source Documentation. The client must also have a documented diagnosis of HIV/AIDS. HOPWA-CV Funds means the HOPWA-CV grant funds supplied by City to Agency under the terms of this Contract. HOPWA Regulations means regulations found at 24 CFR Part 574 et seq. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 2 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 HUD means the United States Department of Housing and Urban Development. HUD Waiver means a temporary waiver of established HOPWA-CV regulatory requirements that has been authorized under the CARES Act or under HUD authority at 24 CFR 5.110, set for a specific period of time as further described in a HUD Memorandum. The time periods for HUD Waivers applicable to this contract will be specified as applicable within appropriate sections of the Contract. IDIS means Integrated Disbursement Information System, HUD's project tracking system. Neighborhood Services Department means the City's Neighborhood Services Department. OMB means the Office of Management and Budget. Program means the services described in EXHIBIT "A" — Program Summary. Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means documentation of full household income of any type described under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of paychecks, Social Security and disability verification letters, interest or rental income statements, retirement income statements, child support and alimony verification, unemployment benefit letters, and the like. STRMU means Short Term Rent, Mortgage, or Utility Assistance provided to prevent homelessness. TBRA means Tenant Based Rental Assistance. Unduplicated Clients means a count of HOPWA-CV Eligible Clients served at least once in the Contract Term. HOPWA-CV Eligible Clients served more than once in the Contract Term will only be counted the first time they are served when determining the total count of Unduplicated Clients. 3. TERM. The term of this Contract (Contract Term) begins on the Effective Date and terminates eighteen (18) months following the date of Contract execution unless earlier terminated as provided in this Contract. This Contract may be extended if such extension is necessary for completion of the program. The Contract Term shall include any extension, if exercised, as provided herein. 4. DUTIES AND RESPONSIBILITIES OF CITY. OP 4.1 Provide H WA -CV Funds. City shall provide up to $77,333.00 of HOPWA-CV Funds under the terms and conditions of this Contract. 4.2 Monitor. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 3 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary, but no less than annually. Monitoring by City will include determining whether Agency is meeting the requirements of the HOPWA Regulations during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT "A" — Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of HOPWA-CV Funds. 5.2.1. Compliance with HOPWA Regulations and Contract. Agency shall be reimbursed for eligible Program costs with HOPWA-CV Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with HOPWA Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. 5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency. 5.2.2 Budget 5.2.2.1 The HOPWA-CV Funds will be paid on a reimbursement basis in accordance with EXHIBIT `B" - Budget. 5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or decrease line -item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All requests shall be approved by Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"), then the Amended Budget, any approval by a designee, will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted no later than 90 days prior to the date of the end of the term of this Contract. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the HOPWA-CV Funds to supplement rather HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 4 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 than supplant funds otherwise available for the Program. 5.2.4 Payment of HOPWA-CV Funds to Agency. HOPWA-CV Funds will be disbursed to Agency upon City's approval of Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to completion of 90% of performance goals, City may hold back a small amount of the HOPWA-CV Funds until the end of the term to ensure completion of all performance goals. During this interim period, Agency must continue to submit Attachment III — Client Data Report in EXHIBIT "D" — Reimbursement Forms monthly. It is expressly agreed by the Parties that any HOPWA-CV Funds not spent or not approved for reimbursement to Agency shall remain with City. 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A" — Program Summary and the table below: Month Expenditures Unduplicated Clients as specified in EXHIBIT "A" — Program Summary 3 15% 15% 6 30% 30% 9 50% 50% 12 65% 65% 15 80% 80% 18 100% 100% 5.3.2 Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right in its sole option to delay or withhold payment of Reimbursement Requests, to lower Agency's allocation of HOPWA-CV Funds, or to terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 4 Unduplicated Clients under this Contract may, in City's sole discretion, disqualify Agency for consideration under future City Requests for Proposals for federal grant funds. 5.3.4 Amendments to performance milestones regarding HOPWA-CV funds must be approved by the Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed amended performance milestones (as approved, the "Amended Performance Milestones"), then the Amended Performance Milestones will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by six months prior to the date of the end of the term of this Contract. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 5 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 stated in Section 5.3.3 and in EXHIBIT "A" — Program Summary. 5.4 Identify Program Expenses Paid with HOPWA-CV Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with HOPWA-CV Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Program Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with HOPWA-CV Funds without City's written consent. 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 Client Eligibility. Agency will document the eligibility of all prospective clients. Agency may redact the client's personal information and substitute a client number. Agency will document client eligibility as follows: 6.1.1 Income. Agency must verify all new clients' income eligibility with Source Documentation. Agency must use the annual income definition used by 24 CFR Part 5.609 to establish client income eligibility and must use the most current HUD Income Guidelines. 6.1.11 Temporary HUD Waiver Regarding Source Documentation of Income As authorized by HUD Memorandum dated March 31, 2020, Agency may rely upon a family member's self -certification of income in lieu of source documentation to determine eligibility for HOPWA-CV and HOPWA-CV assistance. This waiver is in effect until local public health officials determine that special measures to prevent the spread of COV-19 are no longer necessary. The family member must agree to provide source documentation of income within three months of the time when public health officials have made the determination referenced above. Agency must establish a written policy for implementation of this temporary HUD Waiver. 6.1.2 Diagnosis. Agency must submit a signed, dated statement that the client's file contains documentation of the client's diagnosis of HIV/AIDS. The HIV/AIDS diagnosis must be made by a licensed health care provider; a client's self -certification of diagnosis is not sufficient. Agency should not submit the actual diagnosis to City. 6.1.2.1 Temporary HUD Waiver Regarding HIV Status As authorized by HUD Memorandum dated March 31, 2020, Agency may rely upon a family member's self -certification of HIV status based on credible information such as knowledge of their HIV -related medical care, in lieu of source documentation of diagnosis to verify eligibility for HOPWA-CV and HOPWA-CV assistance. This waiver is in effect until local public health officials determine that special measures to prevent the spread of COV-19 are no longer necessary. The family member must agree to provide source documentation of income within three months of HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 6 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 the time when public health officials have made the determination referenced above. Agency must establish a written policy for implementation of this temporary HUD Waiver. 6.1.3 Emergency Need. For clients receiving Short Term Rental, Mortgage or Utility assistance (STRMU) through HOPWA-CV funds, Agency must also verify and document that the client has an emergency need, such as sudden loss of income, eviction, utility shutoff, or extraordinary and unexpected healthcare costs. Agency must submit its policy regarding documenting emergency need to City by the date of execution of this Contract. 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 6.1 with Attachment III in each month's Reimbursement Request for all Unduplicated Clients. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section 6 for 5 years following the expiration of the Contract term. This Section shall survive the earlier terminations or expirations of this Contract. 7. ADDITIONAL HOPWA-CV REQUIREMENTS. Agency agrees to comply with all requirements of the HOPWA-CV Program as stated in the HOPWA Regulations, as well as any further requirements established by HUD regarding HOPWA- CV funds upon receiving notification of such additional requirements from City, including but not limited to the following: 7.1 Environmental Review. HOPWA-CV Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately; and (ii) require Agency to repay City the HOPWA-CV Funds it has already received and forfeit any future payments of HOPWA-CV Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of an environmental review, (ii) approval of City's CARES Act Substantial Amendment to the 2019-2020 Action Plan, and (iii) receipt by City of grant agreement from HUD. 7.3 Monitoring. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 7 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 7.3.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract and the HOPWA Regulations for the term of this Contract. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on the date after the final date of the full eighteen -month contract term including any extensions in term, and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. Agency will provide reports and access to Program files as requested by City during this 5 year period. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice, to Agency's offices and records pertaining to the use of the HOPWA-CV Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on -site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. 7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report during the term of this Contract. 7.3.6 Agency shall meet the following requirements relevant to each program type in administering HOPWA-CV and HOPWA-CV funds: 7.3.6.1 STRMU Term of Assistance Assistance for STRMU clients paid for with HOPWA-CV funds is limited to payments for up to a total of 21 weeks within any 52-week period. As authorized by the CARES Act and HUD CPD Notice 20-05, HOPWA-CV funds may provide such STRMU assistance for a period of up to 24 months. 7.3.6.2 Fair Market Rent (FMR) Rent Standard Rental assistance for TBRA or STRMU clients paid for with HOPWA-CV funds must be based on the local Fair Market Rent (FMR) as published annually by HUD for each unit size, or HUD -approved exception rent for each unit size, and must also be documented as a reasonable rent relative to comparable units in the area private market. A HUD Waiver announced by HUD Memorandum dated May 22, 2020, authorizes Agency to pay HOPWA-CV or HOPWA-CV rents exceeding the FMR standard rent provided that documentation is maintained supporting the cost HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 8 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 reasonableness of that rent. This waiver is effective for one year from the date of the HUD Memorandum, until May 21, 2021. 7.4 Agency Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provision in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and that provides for full and open competition. When procuring materials and services for this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through 2 CFR Part 200.326. 7.4.1 Contracts in excess of $10,000.00 made by Agency using HOPWA-CV Funds must address termination for cause and convenience including the manner by which such termination shall be effected and the basis for settlement of the terminated contract, if any, as required by Appendix II (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the government wide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with HOPWA-CV Funds are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of HOPWA-CV Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200, as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.6.1 Prohibition of Duplication of Benefits Agency agrees to comply with Section 312 of the Stafford Disaster Relief and Emergency Assistance Act which prohibits the duplication of benefits or financial assistance to people or entities affected by a Federally -declared emergency. Agency agrees to establish and maintain adequate procedures to prevent any duplications of benefits with HOPWA-CV funds. 7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 9 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with HOPWA-CV Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its obligations regarding the HOPWA Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the HOPWA Regulations and Contract provisions. Agency must cure all violations of the HOPWA Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency's full compliance with the terms of this Contract and the HOPWA-CV Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the Contract Term ends. 7.9 Copyright and Patent Rights. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract. 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, Agency shall: 7.12.1 Establish and maintain effective internal control over the HOPWA-CV Funds that provides reasonable assurance that Agency is managing the HOPWA-CV Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission ("COSO"); HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 10 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency's compliance with statutes, regulations and the terms and conditions of this Contract; 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 7.13 Required Certification of Completion of Training. Agency must certify that at least one current Agency employee has completed the HUD - required "Getting to Work Training Curriculum" and submit the required certifications to City upon Contract execution as more particularly described on EXHIBIT "A-2" — Requirements for Completion of "Getting to Work Training Curriculum". 7.14 Housing Ouality Standards. All housing assisted under this Contract, including housing units occupied by HOPWA-CV eligible tenants assisted with TBRA or STRMU, or housing facilities supported with Facility -Based Operating Assistance must meet housing quality standards and habitability standards as required by 24 CFR Part 574.310(b). Agency must document compliance with these standards through timely on -site property inspections. City shall have the right to inspect to confirm compliance with these standards. 7.14.1 Temporary HUD Waiver Regarding TBRA Property Standards Effective April 1, 2020 through March 31, 2021, and as authorized by HUD Memorandum dated March 31, 2020, Agency may verify HOPWA-CV and HOPWA-CV housing quality standards using technology such as video streaming to visually inspect the unit before rental assistance is provided, if Agency has established written policies to physically re -inspect the unit after local public health officials determine that special measures to prevent the spread of COV-19 are no longer necessary. 7.15. Violence Against Women Act Requirements 7.15.1 Agency shall comply with the Violence Against Women Act ("VAWA") and shall ensure that any property owner, manager, or facility assisted by the HOPWA-CV Funds shall, at the time of application for services, provide all clients receiving rental assistance with a Notice of Occupancy Rights under the Violence Against Women Act in substantially the same form as the form attached and incorporated as Exhibit "L"-Notice of Occupancy Rights Under VAWA in compliance with VAWA and 24 CFR Part 574.604(a)(2), where applicable. 7.15.2 Agency agrees that no applicant for HOPWA-CV assistance may be denied admission or assistance under the Program on the basis or as a direct result of the fact that they are or have been HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 11 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 a victim of domestic violence, dating violence, sexual assault, or stalking, as long as they would otherwise qualify for the Program. 7.15.3 Agency shall be responsible for reviewing VAWA and 24 CFR Part 574.604 and shall respond to all emergency transfer requests in accordance with the requirements of those provisions. Agency may request that all clients requesting an emergency transfer under VAWA fill out the form attached and incorporated as Exhibit "M" — VAWA Emergency Transfer Request Form. 7.15.4 Agency shall document and report to City any VAWA emergency transfer request and outcome in compliance with 24 CFR Part 91.520 and 24 CFR Part 574 8. RECORD KEEPING, REPORTING AND DOCUMENTATION REOUIREMENTS; AUDIT. 8.1 Record Keeping. Agency shall maintain a record -keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back- up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on the date after the final date of the full eighteen -month contract term including any extensions in term, and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 8.2 Access to Records. Representatives of City, HUD and any duly authorized officials of the federal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin on the date after the final date of the full eighteen -month contract term including any extensions in term, and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 12 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. 8.4 Change in Reporting Requirements and Forms City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit 8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, City, and General Accounting Office. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 13 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 8.5.2 City Reserves the Ri!ht to Audit. City reserves the right to perform an audit of Agency's Program operations and finances at any time during the term of this Contract and for 5 years after the Contract Term ends if City determines that such audit is necessary for City's compliance with the HOPWA Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin the date after the final date of the full eighteen month contract term and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED HOPWA-CV FUNDS OR SPENT HOPWA-CV FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REQUIREMENTS 9.1 Deadline for Submitting Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15t' day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for June expenses must be received by July 15. In the event the 15th falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. For expenses paid by Agency March 13, 2020 through June 30, 2020 exclusively, the Reimbursement Request must be received no later than August 31, 2020. Failure to submit a Reimbursement Request in a timely fashion will result in City taking the actions outlined in Section 11.1. If expenditures exceed $20,000 per month, Agency may elect to submit two reimbursement requests per month, with the first reimbursement request being submitted on the 15th of the month covering expenses paid from the 16th through the end of the preceding month, and the second reimbursement request being submitted on the 30th of the month covering expenses paid in the first 15 days of the month. Agency must advise City in writing no later than 15 days in advance, of their intent to submit two reimbursement requests for any month during the Contract Term. 9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 7 business days from the date of the e-mail notice to submit any requested information or missing documentation. If Agency fails to submit all the required information or missing documentation within 30 calendar days from the first e-mail, Agency may, at the City's sole discretion, forfeit any payments otherwise due that month and failure to submit any requested information will be considered an event of default as outlined in Section 9.1.2. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 14 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 9.2 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT "D" — Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I — Invoice This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request). 9.2.1.1 Agency must submit a separate invoice for each activity type, i.e. Administration, Facility Based Operating Costs, Supportive Services, Short-term Rent, Mortgage and Utility Assistance ("STRMU"), and Tenant Based Rental Assistance ("TBRA"). 9.2.2 Attachment II — Expenditure Worksheet This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses, timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between HOPWA-CV-funded time and non-HOPWA-CV funded time and reflect actual time spent on HOPWA-CV-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request. Payroll expenses dated March 13, 2020 through June 30, 2020 must be submitted for Reimbursement no later than August 31, 2020. 9.2.2.2 For non -payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. Non -payroll expenses dated March 13, 2020 through June 30, 2020 must be submitted for Reimbursement no later than August 31, 2020. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by canceled checks, wire transfer documentation, paid receipts or other appropriate banking documentation. 9.2.3 Attachment III — Client Data Report. This report shall list each Unduplicated Client served during the month along with his or her demographic information. The Client Data Report must maintain a list of all clients served during the Contract term. If Agency, receives funds from the United States Department of Justice or the Victims of Crime Act, then Agency is prohibited from submitting the Client Data Report to the City. However, Agency must complete all required forms under Section 9.2.3 and maintain in client files in accordance with Section 8. In order for this report to be complete, the following must be submitted: HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 15 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 9.2.3.1 Documentation of income verification for each Unduplicated Client the first time the client is served by the Program, which will be Source Documentation or other applicable documentation as authorized by HUD Waiver referenced in Section 6.1.11 above. 9.2.4 Overview Report. Agency shall submit the Overview Report, attached hereto as EXHIBIT "H" — Overview Report, quarterly throughout the term of this Contract with the December, March, June and September Reimbursement Requests. 9.2.5 Delivery of Reimbursement Request. Reimbursement Requests will be submitted through required software system approved by City or in other manner required by City on the designated due dates. 9.3 Withholding Payment. Failure to timely submit accurate and complete Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Request or Required Documentation. 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 7 calendar days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency may, at the City's sole discretion, forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 In the event of (i) an uncured default under Section 10.1.1 or an event of default under 10.1.2 (ii) or more than 2 instances of default, cured or uncured, under these Sections, City reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.4 Notwithstanding anything to the contrary herein, City will not be required to pay any HOPWA-CV Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the HOPWA-CV Regulations, or during any period during which Agency is in default of this Contract. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 16 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 10.1.5 In the event of termination under this Section 10.1, all HOPWA-CV Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8, or if the records maintained or reports submitted or documentation is not in compliance with this Contract or the HOPWA Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all HOPWA-CV Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any HOPWA-CV Funds paid to Agency must be repaid to City within 30 days of termination. If such HOPWA-CV funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii) pursue any other legal remedies available to City under this Contract. 10.3.2 City's remedies may include: 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 17 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 10.3.2.3 Reprogram HOPWA-CV Funds that have not yet been expended from affected activities to other eligible activities or withhold HOPWA-CV Funds. 10.3.2.4 Any other appropriate action including but not limited to any remedial action legally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions, termination of this Contract or any other contracts with Agency, and any other available remedies. 10.3.3 In the event of termination under this Section 11.3, all HOPWA-CV Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any HOPWA-CV Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such HOPWA-CV Funds within the 30 day period will result in City exercising all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no HOPWA-CV Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term, covenant or condition hereof. 10.8 Civil, Criminal and Administrative Penalties Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 18 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 10.9 Termination for Cause 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all HOPWA-CV Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any HOPWA-CV Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such HOPWA-CV Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR HOPWA-CV FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the HOPWA-CV Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or HOPWA-CV Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of Agency Terminates Contract. This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of termination under this Section, all HOPWA-CV Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause, all assets acquired by Agency with the HOPWA-CV Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the HOPWA-CV Funds, and any real or personal property owned by Agency that was improved with the HOPWA-CV Funds shall automatically transfer to City or to such assignee as City may designate. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 19 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 11. REPAYMENT OF HOPWA-CV FUNDS. All HOPWA-CV Funds are subject to repayment in the event the Program does not meet the requirements of this Contract or in the HOPWA Regulations. If Agency takes any action that results in the City being required to repay all or any portion of the HOPWA-CV Funds to HUD, Agency agrees it will reimburse City for such repayment. If Agency takes any action that results in City receiving a finding from HUD about the Program, whether or not repayment of all or any portion of the HOPWA-CV Funds is required of City, Agency agrees City may require that 10% of the HOPWA-CV Funds be repaid to City as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being required or receiving a finding from HUD are uncertain and would be difficult to ascertain and may include an impact on City's HOPWA-CV grant or other federal grant funds, in addition to the finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties agree that payment under this Section of 10% of the HOPWA-CV Funds by Agency to City is liquidated damages and not a penalty. 12. CHANGE IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the non- profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of termination under this Section 12, all HOPWA-CV Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. City, in its sole discretion, may require that any HOPWA-CV Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable HOPWA-CV requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on the date after the final date of the full eighteen month contract term including any extensions and end on the date five full years after that date regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS. 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 20 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of the tasks performed hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agency Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Organization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the HOPWA-CV Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a HOPWA-CV-funded service. 14.5.1. Separation of Explicitly Religious Activities. Agency retains its independence and may continue to carry out its mission, including the definition, development practice, and expression of its religious beliefs, provided that it does not use HOPWA-CV Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by HOPWA-CV Funds and participation must be voluntary for clients of a HOPWA-CV-funded service. 14.5.3 Required Notices. If Agency constitutes a Faith -based organization under 24 CFR Part 5.109, Agency must provide all clients of a HOPWA-CV-funded service with the notice attached as EXHIBIT "K"— Notice of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any HOPWA-CV-funded program or activity. In addition, if a client or prospective client of a HOPWA- CV-funded service objects to the religious character of Agency, then Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 21 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.10 Paragraph Headings for Reference Only, No Legal Significance; Number and Gender. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine and feminine. The words "include" and "including" whenever used herein shall be deemed to be followed by the words "without limitation". 14.11 Compliance With All Applicable Laws and Regulations. Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ HOPWA Regulations found in 24 CFR Part 574 ➢ Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) ➢ AIDS Housing Opportunity Act, as amended (42 USC 12901 et seq.) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 22 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 provisions requiring recipients of federal assistance to ensure meaningful access by persons of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts awarded by Agency in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109- HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 23 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 24 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 14.13 Prohibition Aiainst Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract, with all non-discrimination requirements of 24 CFR Part 574.603 and Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Employment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor's, Subcontractor's or Vendor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's name]will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor's Subcontractor's or Vendor's name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or Vendor's name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 25 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor's, Subcontractor's or Vendor's name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 14.13.3 Agency's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law. 14.14.1 Agency Safeguards. Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.14.2 General Prohibitions Against Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOPWA-CV funds or who are in a position to participate in a decision - making process or gain inside information with regard to these activities may utilize HOPWA-CV services, may obtain a financial interest or benefit from a HOPWA-CV-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 26 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 14.14.2.1 Agency shall establish conflict of interest policies for federal awards including the HOPWA-CV Funds and shall disclose in writing potential conflicts of interest to City as authorized by 2 CFR Part 200.112. 14.14.3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.318, shall apply in the procurement of property and services by Agency. In all cases not governed by those Sections, the provisions of 24 CFR Part 574.625 of the HOPWA Regulations shall apply. 14.14.3.1 As more particularly described in 2 CFR Part 200.318, Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the prohibition contained in Section 15.13.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency's officers, employees or agents. 14.14.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 27 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 14.14.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. 14.14.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.14.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.15 Subcontracting with Small and Minority Firms, Women's Business Enterprises and Labor Surplus Areas. 14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with HOPWA-CV Funds, Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in full, with the HOPWA-CV Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.15.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15.2.1 In order to comply with federal reporting requirements, Agency must submit the form attached hereto as EXHIBIT "I" — MBE Reporting Form for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the HOPWA-CV Funds. Agency shall submit this form by the date specified in EXHIBIT "I" — MBE Reporting Form. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 28 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 14.17 Assignment. Agency shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. 14.18. Right to Inspect Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged in any activity in conjunction with this HOPWA-CV-funded Program prior to any charges being incurred. 14.19 Force Majeure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 14.20 IMMIGRATION NATIONALITY ACT. City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Agency shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agency shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Agency shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 29 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 30 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This Section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of $77,333 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of HOPWA-CV Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Date of Execution of the Contract, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Date of Execution of the Contract, Agency shall be in default of the Contract and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liabilitv (CGL) Insurance $ 500,000 each occurrence $1,000,000 aggregate limit Non -Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liabilitv Insurance $1,000,000 each accident on a combined single -limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 31 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease -each employee $500,000 disease -policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 32 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 Directors and Officers Liability coverage shall be in force and may be provided on a claims -made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees, volunteers and committee members. Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG Funds as provided to property owned by Agency. 18. CERTIFICATION REGARDING LOBBYING. The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 33 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 20. NOTICE All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Telephone: 817-3 92-7600 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Director Telephone: 817-3 92-7540 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Senior Contract Compliance Specialist Telephone: 817-3 92-73 3 3 Agency Tarrant County Samaritan Housing Norbert White 929 Hemphill St Fort Worth, TX 76104 Telephone: 817-3 3 2-6410 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 34 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 23. PROGRAM INCOME Parties agree that no program income as defined by HUD shall be earned as a result of this contract. [SIGNATURES APPEAR ON NEXT PAGE] HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 35 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 fORl��d 0 ° a.00-+a °cooxd Pp� *>o d�n� nEXA`�abaa IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this Contract in Fort Worth, Tarrant County, Texas. ATTEST: OIVIP� ff City Secretary M&C: 20-0330 1295 Certification No. 2020-620841 Date: May 19, 2020 CITY OF FORT WORTH cL By. Fernando Costa (Aug 10, 202017:12 CDT) APPROVED AS TO FORM AND LEGALITY: Ta�Co� ��is Taylor Paris (Aug 10, 202017:11 CDT) Taylor Paris, Assistant City Attorney APPROVED BY: Victor Turner Director, Neighborhood Services Department Fernando Costa, Assistant City Manager CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements F, rhsra Asbury (Aug 7, 202018:05 CDT) Barbara Asbury Compliance and Planning Manager T IV HOPWA-CV PSA CONTRACT CARES ACT 2020 TARRANT COUNTY SAMARITAN HOUSE, INC. INC OFFICIAL RECORD CITY SECRETARY Page 36 Rev. 6/19.2020 FT. WORTH, TX EXHIBITS: EXHIBIT "A" — Program Summary EXHIBIT "A-1" — 2020 HUD Income Limits EXHIBIT "A-2" - Requirements for Completion of "Getting to Work Training Curriculum" EXHIBIT `B" — Budget EXHIBIT "C" — Audit Certification Form EXHIBIT "D" — Reimbursement Forms EXHIBIT "E" — Form of Income Self -Certification EXHIBIT "F" — Standards for Complete Documentation EXHIBIT "G" — Section 3 Reporting Forms (NOT APPLICABLE) EXHIBIT "H" — Overview Report EXHIBIT "I" — MBE Reporting Form EXHIBIT "J" — Duties of the Parties for Use of NSD Community Centers EXHIBIT "K" — Notice of Beneficiary Rights EXHIBIT "L" — Notice of Occupancy Rights Under VAWA EXHIBIT "M" —VAWA Emergency Transfer Request Form HOPWA-CV PSA CONTRACT CARES ACT 2020 Page 37 TARRANT COUNTY SAMARITAN HOUSE, INC. Rev. 6/19.2020 TARRANT COUNTY SAMARITAN HOUSING, INC. EXHIBIT "A" Tenant -Based Rental Assistance PROGRAM SUMMARY PROGRAM SUMMARY (HOPWA-CV) March 13,2020- September 30, 2021 $77,333.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program provides supportive services and Tenant Based Rental Assistance (TBRA) to HOPWA-Eligible Clients living in the Samaritan Villages Apartments, the Samaritan House Single Room Occupancy ("SRO") Facility, and in scattered -site rental -voucher supported housing. The supportive services include case management and housing counseling. Program services may also include congregate meals; substance abuse counseling; medical transportation; recreational and social programs; educational programs; and life and job skills programs. TBRA includes long-term monthly rental assistance. Clients must be Income Eligible according to HUD guidelines, live in a rental unit that passes habitability inspections, and have an identified housing need related to COVID-19 as determined by the client's case manager. HOPWA Funds will pay for direct rent assistance for TBRA clients. HOPWA Funds will be used to pay for a percentage of administrative service salaries and fringe benefits, associated with the Program. HOPWA Funds will also be used to pay for increased operational expenses due to COVID-19 for medical/offce supplies. No more than 7% of the HOPWA Funds will be used to pay for administrative costs, including salaries and fringe benefits and City -required insurance associated with the Program. Agency's office and Program services will be available at 929 Hemphill Street, Fort Worth, Texas 76104, Monday through Friday, 9:00 a.m. to 5:00 p.m. Program services may also be provided at clients' homes. The SRO is staffed 24 hours a day, 7 days a week. The Program will provide services to HOPWA-Eligible clients residing in Tarrant, Johnson, Parker, Wise, Hood and Somervell counties. REGULATORY CLASSIFICATION: IDIS matrix Code(s) and Service Category: 31D HOPWA Project Sponsor Administration 3 1 C HOPWA Project Sponsor Activity Regulatory Citation(s): 24 CFR 574.300(b)(10) — Administrative Expenses HOPWA-CV PSA CONTRACT 2020 — EXHIBIT "A" — PROGRAM SUMMARY Page 1 Tarrant County Samaritan Housing, Inc. 24 CFR 574.300(b)(7) — Supportive Services 24 CFR 574.300(b)(8) Facility Based Operations 24 CFR 574.300(b)(6) — TBRA Agency will maintain documentation which verifies that 100% of clients served by the Program are eligible under HOPWA Regulations. PROGRAM GOALS: Minimum Number of Clients to be Served: The Program will provide TBRA services to a minimum of 5 households. Unduplicated Clients must be residents of Tarrant, Johnson, Parker, Wise, Hood and Somervell counties as shown by the monthly reports on Attachment III. HOPWA-CV CONTRACT 2019-2020 — EXHIBIT "A" — PROGRAM SUMMARY Page 2 Tarrant County Samaritan Housing, Inc. EXHIBIT "A-2" REQUIREMENTS FOR COMPLETION OF "GETTING TO WORK TRAINING CURRICULUM" HOPWA-CV PSA CONTRACT 2020 Page I EXHIBIT "A-2" REQUIREMENTS FOR COMPLETION OF "GETTING TO WORK TRAINING CURRICULUM" Tarrant County Samaritan Housing Getting to Work: A Training Curriculum for HIV/AIDS Service Providers and Housing Providers At least 1 Agency employee must complete this required training curriculum by the deadline of April 15, 2021. Proof of completion must be submitted with the April reimbursement request. The Getting to Work Training Curriculum is divided into 3 online modules: Module 1: Understanding the Value of Work Module 2: Adopting an Employment and Training Mindset — Organizationally and Individually Module 3: Incorporating Employment into the HIV/AIDS Service Menu To view the modules: 1. Click the module title. 2. You will be prompted to either create or log into your HUD Exchange Learn account. 3. Follow this guidance when creating a HUD Exchange account: Step 1 of 2 screen: Fill out the required Personal Information, and Login Information sections. For the Organization Information, if you are not affiliated with a HUD program, choose None of the Above and I am an Individual. Step 2 of 2 screen: All HUD Program Experience fields on the Learner Profile page are optional. Click Update to complete the account creation process. 4. After creating an account or logging in, you will enter the HUD Exchange Learn system. 5. Click the Enroll button on the HUD Exchange Learn course description to access the course. 6. The module name will appear under Activities. Click the Module Name to access the course. 7. The module will launch in a new window, so please make sure your pop-up blockers are turned off. To receive credit for completing each module: 1. Take the completion quiz under Activities on the HUD Exchange Learn course description. Each module has a quiz. 2. Score 80% or better on the quiz. You may take the quiz multiple times. 3. After you pass the quiz, you will be able to print a completion certificate on the HUD Exchange Learn course description. You can access information about the modules by visiting the HUD Exchange website at www.hudexchan eg com or by using the following link: hgps://www.hudexchange.info/training- events/dol-hud- eg tting-to-work-curriculum-for-hiv-aids-providers. You may also contact your assigned contract administrator to get additional information. HOPWA PSA CONTRACT 2020 Page 1 EXHIBIT "A-2" REQUIREMENTS FOR COMPLETION OF "GETTING TO WORK TRAINING CURRICULUM" Tarrant County Samaritan Housing EXHIBIT "B" - BUDGET Account Grant Budget A I B C D Total ADMINISTRATIVE PERSONNEL IL Salaries 1001 $ 3,720.00 $ 3,720.00 FICA 1002 $ 284.58 $ 284.58 Life/Disability Insurance 1003 $ 4.57 $ 4.57 Health/DentalInsurance 1004 $ 496.87 $ 496.87 Unemployment -State 1005 $ Worker's Compensation 1006 $ Contract Labor (Accounting) 1007 $ Audit Fees 1008 $ hnsmance-Commercial Umbrella Liability 1009 $ Other-Admin. 1010 $ hnsmance-Fidelity Bond or Equivalent 1011 $ - TOTAL ADMINISTRATIVE EXPENSES $ 4,506.02 $ $ $ S $ 4,506.02 % Administrative Cost 6 SUPPORTIVE SERVICES PROGRAM PERSONNEL Salaries 2001 $ 15,750.00 S 15,750.00 FICA 2002 $ 1,204.88 S 1,204.88 Life/Disability Insurance 2003 $ 40.50 $ 40.50 Health/DentalInsurance 2004 $ 3,068.22 $ 3,068.22 Unemployment -State 2005 $ - Worker's Compensation 2006 $ SUPPLIES AND SERVICES Office/Medical Supplies 3001 $ 1,023.38 $ 1,023.38 Office Equipment Rental 3002 $ - Postage 3003 $ Printing 3004 $ MISCELLANEOUS Contract Labor -Nutritionist 4001 $ Other -Program 4002 $ Client Transportation 4003 $ FACILITY AND UTILITIES Telephone 5001 Electric 5002 Gas 5003 Water and Wastewater 5004 Solid Waste Disposal 5005 Rent (City needs copy of lease before expenses can be reimbursed) 5006 Custodial Services 5007 S Maintenance/Repairs 5008 Building Security 5009 LEGAL, FINANCIAL AN INSURANCE Commercial Liability 6001 S TOTAL SUPPORTIVE SERVICE EXPENSES $ 21,086.98 1 $ $ $ $ $ 21,086.98 DIRECT ASSISTANCE-STRMU Short-term Rent Assistance 7001 Short-term Mortgage Assistance 7002 Short-term Utilities Assistance 7003 Total Direct Assistance-STRMU TENANT BASED RENTAL ASSISTANCE - TBRA Tenant Based Rental Assistance (TBRA)* 8001 $ 51,740.00 $ 51,740.00 Total Direct Assistance-TBRA $ 51,740.00 $ S - S - S $ 51,740.00 FACILITY BASED OPERATIONS HOPWA PSA CONTRACT 2019-2020 - EXHIBIT "B" - BUDGET Tarrant County Samaritan Housing, Inc. page PERSONNE Salaries 9001 S FICA 9002 S Life/Disability Insurance 9003 S Health/DentalInsurance 9004 S Unemployment -State 9005 S Worker's Compensation 9006 S Other: Operations 9007 S Telephone 9008 Electric 9009 Maintenance/Repairs 9010 Cleaning Supplies 9011 TOTAL FACILITY BASED OPERATION EXPENSES $ $ $ $ $ S BUDGET TOTAL IS 77,333.00 $ $ $ S $ 77,333.00 FUNDING A: FUNDING B: FUNDING C: FUNDING D: HOPWA PSA CONTRACT 2019-2020 - EXHIBIT "B" - BUDGET Tarrant County Samaritan Housing, Inc. Page 2 The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B" — Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B" — Budget is June 1, 2021. SALARY DETAIL - ADMINISTRATIVE Position Title Annual Salary Est. Percent to Grant Amount to Grant Accounting Manager $ 62,000.00 6.0% $ 3,720.00 TOTAL $ 62,000.00 6.0% $ 3,720.00 FRINGE DETAIL - ADMINISTRATIVE Percent of Payroll Amount Est. Percent to Grant Amount to Grant FICA 7.65% $ 4,743.00 6.0% $ 284.58 Life/Disability Insurance $ 76.20 6.0% $ 4.57 Health/Dentallnsurance $ 8,281.20 6.0% $ 496.87 Unemployment -State Worker's Compensation TOTAL 1 $ 13,100.40 1 6.0% $ 786.02 MISCELLANEOUS - ADMINISTRATIVE Total Budget Est. Percent to Grant Amount to Grant Contract Labor Other - Admin Insurance -Commercial Umbrella Liability Insurance -Directors and Officers Insurance -Fidelity Bond or Equivalent TOTAL Other Admin $ - #DIV/0! $ - HOPWA PSA CONTRACT 2019-2020 - EXHIBIT "B" - BUDGET Page 3 SALARY DETAIL - SUPPORTIVE SERVICES Position Title Annual Salary Est. Percent to Grant Amount to Grant Outreach Coordinator $ 31,500.00 50.0% $ 15,750.00 TOTAL $ 31,500.00 50.0% $ 15,750.00 FRINGE DETAIL - SUPPORTIVE SERVICES Percent of Payroll Amount Est. Percent to Grant Amount to Grant FICA 7.65% $ 2,409.75 50.0% $ 1,204.88 Life/Disability Insurance $ 81.00 50.0% $ 40.50 Health/Dental Insurance $ 6,136.44 50.0% $ 3,068.22 Unemployment -State Worker's Compensation TOTAL $ 8,627.19 50.0% $ 4,313.60 SUPPLIES AND SERVICES - SUPPORTIVE SERVICES Total Budget Est. Percent to Grant Amount to Grant Office/Medical Supplies $ 1,023.38 100% $ 1,023.38 HOPWA PSA CONTRACT 2019-2020 - EXHIBIT "B" - BUDGET Page 4 Postage Printing TOTAL $ 1,023.38 $ 1,023.38 MISCELLANEOUS - SUPPORTIVE SERVICES Total Budget Est. Percent to Grant Amount to Grant Contract Labor Food Supplies Client Transportation TOTAL I $ - FACILITY AND UTILITIES - SUPPORTIVE SERVICES Total Budget Est. Percent to Grant Amount to Grant Telephone Electric Gas Water and Wastewater Solid Waste Disposal Rent (City needs copy of lease before Custodial Services Maintenance/Repairs Building Security TOTAL $ - LEGAL, FINANCIAL AND INSURANCE - SUPPORTIVE SERVICES Total Budget Est. Percent to Grant Amount to Grant Commercial Liability TOTAL $ - DIRECT ASSISTANCE - STRMU Total Budget Est. Percent to Grant Amount to Grant Short -Term Rent Assistance Short Term Mortgage Assistance Short Term Utilities Assistance TOTAL DIRECT ASSISTANCE - TBRA Total Budget Grant Grant Tenant Based Rental Assistance* $ 51,740.00 100.0% $ 51,740.00 HOPWA PSA CONTRACT 2019-2020 - EXHIBIT "B" - BUDGET Page 5 TOTAL 1 $ 51,740.00 1 100.0% $ 51,740.00 *TBRA costs may be incurred and are eligible for reimbursement beginning October 3, 2017 SALARY DETAIL - FACILITY BASED OPERATIONS Position Title Annual Salary Grant Grant Leasing Manager Facilities Manager Lead Maintenance Tech (1 FT) Maintenance Tech (1 FT) TOTAL $ - #DIV/0! $ - FRINGE DETAIL - FACILITY BASED OPERATIONS Percent of Payroll Amount Est. Percent to Grant Amount to Grant FICA 7.65% Life/Disability Insurance Health/Dental Insurance Unemployment -State Worker's Compensation TOTAL $ - #DIV/0! $ - MISCELLANEOUS - FACILITY BASED OPERATIONS Total Budget Est. Percent to Grant Amount to Grant Insurance -Commercial Property and Telephone Electric Maintenance/Repairs Cleaning Supplies TOTAL HOPWA PSA CONTRACT 2019-2020 - EXHIBIT "B" - BUDGET Page 6 EXHIBIT "C" AUDIT CERTIFICATION FORM HOPWA-CV PSA CONTRACT 2020 — EXHIBIT "C" — AUDIT CERTIFICATION FORM Tarrant County Samaritan House AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Tarrant County Samaritan House Fiscal Year Ending: September 30, 2021 During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $750,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. ❑ During the fiscal year in which funds will be received, we will not exceed the $750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure MUST be filled out if Single Audit or Program Audit is NOT re uired. Federal Grantor Pass Through Grantor Program Name & CFDA Number Contract Number Expenditures Total Federal Expenditures for this Fiscal Year: Signatoand Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. HOPWA-CV PSA CONTRACT 2020 — EXHIBIT "C" — AUDIT CERTIFICATION FORM 2 Tarrant County Samaritan House EXHIBIT "C-I" CERTIFICATION REGARDING DUPLICATION OF BENEFITS HOPWA-CV PSA CONTRACT 2020— EXHIBIT "C-1" — DUPLICATION OF BENEFITS CERTIFICATION FORM Tarrant County Samaritan House EXHIBIT 66C-1" CERTIFICATION REGARDING DUPLICATION OF BENEFITS SELF CERTIFICATION: The undersigned certifies the organization for which he/she is the approved signatory will comply with Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and with Section 1210 of the Disaster Recovery Reform Act of 2018, which require that duplication of benefits will be prevented in provision of services funded under this contract. The undersigned also certifies that he/she understands that this means that in providing assistance to eligible populations, grant funds will not be used to pay costs if another source of financial assistance is available to pay that cost. The undersigned further certifies that no person, household, business, nonprofit organization or government entity will receive financial assistance from multiple sources (including this contract) for the same purpose such that the total assistance received for that purpose is more than the total need for assistance. The undersigned also certifies that as subrecipient for HOPWA-CV funds under this contract, the agency has not received other funds to be used for the same purposes for the same clients. The undersigned further certifies, and agrees, that if he/she subsequently receives a duplicative benefit, he/she will repay the funds he/she received under this Agreement to City. The undersigned certifies that, to date, he/she has received, or reasonably anticipates receiving, the following potentially duplicative assistance (if none, leave blank): Organization: TARRANT COUNTY SAMARITAN HOUSING, INC. Typed Name: NORBE T W IT Title: PRESIDENT/CEO Signature: Date: 7 �� VV V \ VI.I'VV-"- EXHIBIT "E" INCOME CERTIFICATION FORMS Tarrant County Samaritan Housing Page 1 City of Fort Worth CERTIFICATION OF INCOME STATEMENT Applicant Name: Current Address: City and Zip: Phone #: Household Members and Income (including applicant) Last Name First Name Age Monthly Income $$ Source of Income TOTAL NUMBER OF FAMILY MEMBERS Total Gross Annual Household Income: (Include Yourself, Spouse, Children, etc.) PERSONAL INFORMATION: (Check one in each item. This Information is Required for Federal Reporting Purposes) a. ❑ MALE b. ❑ WHITE ❑ BLACK/AFRICAN AMERICAN ❑ BLACK/AFRICAN AMERICAN & WHITE ❑ FEMALE ❑ AMERICAN INDIAN/ALASKAN NATIVE ❑ ASIAN ❑ AMERICAN INDIAN/ALASKAN NATIVE & WHITE ❑ ASIAN & WHITE ❑ NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑ BALANCE/OTHER ❑ AMERICAN INDIAN/ALASKAN NATIVE & BLACK/AFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE? ❑ HISPANIC ❑ YES ❑ YES ❑ NON -HISPANIC ❑ NO ❑ NO Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law. Signature of Applicant Date WARNING: TITLE 18, SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT. ----------- P or use Household Size: Gross Annual Income: Applicable Income Limit: Is Applicant Eligible? Check if Applicant refused to provide demographic information: Staff Assessment of Demographics: Person Making Determination: Date: NOTE: Address, income amounts and sources for ALL household members are Ciudad de Fort Worth Tarrant County Samaritan Housing Page 2 CERTIFICACION DE DECLARACION DE INGRESOS Nombre del Solicitante: Direccion de Actualidad: Ciudad y Codigo Postal: Telefono: Miembros Del Ho ag r e Ingresos (Incluyendo el/la Solicitante) Apellido Nombre Edad Ingreso Mensual Origen de Ingresos * TOTAL NOMERO DE MIEMBROS DEL HOGAR (Incluyase Usted.) Total Anual de Ingresos del hogar: **INFORMACION PERSONAL: (Seleccione uno en cada articulo. Esta informacion es requerida por el Gobierno federal.) a. ❑ MASCULINO b. ❑ BLANCO ❑ NEGRO/AFRICANO AMERICANO ❑ NEGRO/AFRICANO AMERICANO & BLANCO ❑ FEMININO ❑ INDIO AMERICANO/NATIVO DE ALASKA ❑ ASIATICO ❑ INDIO AMERICANO/NATIVO DE ALASKA & BLANCO ❑ ASIATICO & BLANCO ❑ NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO ❑ INDIO AMERICANO / NATIVO DE ALASKA & NEGRO/AFRICANO AMERICANO c. ETHNICIDAD d. INCAPACITADO e. DES LA CABEZA DEL HOGAR MUJER? ❑ HISPANO ❑ SI ❑ SI ❑ NO-HISPANO ❑ NO ❑ NO Certificacion: Yo certifico que la informacion que yo estoy proporcionando es verdadera y puedo ser sujeto a verificacion a cualquiera hora por tercera parte. Yo tambien reconozco que la provision de informacion falsa puede dejarme sujeto a penalidades Federales, Estatales, y a ley local. Firma del Solicitante Fecha ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS. -----------------Para use ae # De Miembros de Familia: Limite de Ingreso: ae la Ingreso Anual: �Es solicitante elegible? : Compruebe si el solicitante se nego a dar su informacion personal: Evaluacion del empleado sobre informacion personal: Persona haciendo la determinacion: Fecha: Note: La direccion de la casa y los ingresos (y sus origenes) para todos los miembros del es Tarrant County Samaritan Housing Page 3 EXHIBIT "F" STANDARDS OF DOCUMENTATION HOPWA-CV PSA CONTRACT 2020 -- EXHIBIT "F" -- STANDARDS OF DOCUMENTATION Page 1 Tarrant County Samaritan Housing 2020-21 Documentation Standards for HOPWA Public Service Contract Expenses Budget Line M 0 Employee Salaries and Benefits - City will only reimburse a percentage of any employee's salary and benefits who work directly with the HOPWA-funded Program. Percentages will be cost allocated and determined prior to the execution of the HOPWA Contract. Agencies requesting the reimbursement of 100% of any Agency employee will require prior City approval. Agencies must show calculation on how the HOPWA portion of employee salaries and benefits were calculated consistently with the HOPWA Contract. If an employee works on both a HOPWA eligible and non-HOPWA eligible program(s), the City will only reimburse for a reasonable portion of the employee's salary. Prior to the execution of the HOPWA Contract, the Agency will priovide the City with a written statement on how each employee's time will be allocated. If an employee works 100% of their time directly with the HOPWA-funded Program, then 100% of the employee's salary may be eligible for reimbursement. Agency must submit a written statement that 100% of the employee's time is spent working directly with the HOPWA-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Salaries X X. Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s) working directly on the HOPWA-funded Program. For employees who are paid with multiple funding sources, timesheets must reflect all funding sources. If separate timesheets are kept for each funding source, all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. "If employees are paid by direct deposit rather than check, then the agency must submit both the direct deposit payment company's report (such as an ADT report) and a bank statement or check showing payment to the direct deposit company. FICA/Medicare X X X If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the Life Insurance x x x Health x x x Insurance employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and Disability x x x Insurance at any time there are changes to amounts, enrollments, disenrollments, etc. Unemployment x x x Insurance If the City pays gross salary, this is already included. If the City pays the employer portion, the Agency must provide proof that the Retirement �+� x employee is enrolled in the benefit plan, must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. Invoice and proof of payment are only required with the first reimbursement request and at anv time there are chanaes to amounts. enrollments. disenrollments. etc. Materials, Equipment, Goods and Supplies - City will only reimburse for the cost allocated percent or amount spent in support of the HOPWA-funded Program. Agencies requesting reimbursement for these items will require prior City approval. Agencies must show calculation on how the HOPWA portion of these expenses were calculated consistently with the HOPWA Contract. Office Supplies X X X Office Equipment X X X X X Rental Postage X X X Printinq X X X Construction & Building X X X X This category is only available for the REACH Program and Habitat for Humanity. Materials Sport and Recreation X X X Eauipment Cleaning X X X Supplies Teachinq Aids X X X Craft Supplies X X X Food Supplies X X I I I I I X I This category is only available to the Program provided by Meals on Wheels. Rent, Utilities and Maintenance - City will only pay for a portion of these expenses. The portion of these expenses will be determined by the square footage attributable to the HOPWA-funded Program and shall be cost -allocated in accordance with the amount of space used for the HOPWA-funded Program. These expenses may only be in support of the HOPWA-funded Program. The items listed below require prior City approval and the Agency is required to identify any funding source that pays for the portion of the expenses that is not paid with HOPWA funds. Agencies must show calculation on how the HOPWA portion of these expenses were calculated consistently with the HOPWA Contract. Telephone X X Gas X X Water/Wastew X X ater Electric X X Solid Waste X X Facility Maintenance X X X X This item requires approval by the City prior to the execution of the HOPWA Contract. Repairs may be categorized as major/minor and Repairs rehabilitation projects and must be approved through the full HUD Environmetal Review. Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the HOPWA- funded program. HOPWA-CV PSA CONTRACT 2020 Exhibit "F" -- STANDARDS FOR COMPLETE DOCUMENTATION Tarrant County Samaritan House Miscellaneous This item requires prior approval by the City. Prior to the execution of the HOPWA Contract, the Agency must submit a written statement that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the Contract Labor X X X X X procurement of such services and will forward any information pertaining to the procurement process to City. This requirement applies to, but is not limited to, services retained for security services, legal, accounting, transportation providers, educational facilitators, custodial services, etc. Agencies may not use the contract services of any City of Fort Worth Department. City -required X X City will only pay for a percentage of the City -required insurance so long as it's in proportion to the square footage attributable to the Insurance HOPWA-funded program. City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The fee schedule/formula should demonstrate a breakout of income levels, and for each income level the schedule should demonstrate Childcare X X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee Scholarships schedule/formula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term, the Agency must immediately notify City on the date the new fee schedule/formula takes into effect. "$0" Income Agecies that are required to verify and provide proof of household income to determine eligibility, must require that anyone who is over Certifications the age of 18, living in the housohold, submit a $0 Income Certification. If an audit is required because federal funds exceed $750,000, then the cost should be split evenly by all grant funding sources. Agency Audit Services X X X X must show calculation on how the HOPWA portion of the accounting services were calculated. For example, if the HOPWA grant is 10% of your Agency's budget, then invoice shall not exceed 10% of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated, and must provide documentation showing payment. *Proof of payment effective October 1, 2013: Payments or Expenses must be documented in the following manner: A) Image of the check AND bank statement showing the check cleared the bank; OR, B) Image of the cancelled check (ex. At end of bank statement); OR, C) Payroll Check Stub, "Advice", or Statement AND Bank Statement indicating payroll; OR, D) For wire or e-transfers: Reciept or statement from payee/vendor OR bank statement. Final as of 09/19/2018 SF HOPWA-CV PSA CONTRACT 2020 Exhibit "F" -- STANDARDS FOR COMPLETE DOCUMENTATION Tarrant County Samaritan House EXHIBIT "G" SECTION 3 REPORTING FORMS NOT APPLICABLE HOPWA PSA CONTRACT 2019-2020 -- EXHIBIT "G" -- SECTION 3 REPORTING FORMS Page 1 Tarrant County Samaritan Housing EXHIBIT "H" OVERVIEW REPORT HOPWA-CV PSA CONTRACT 2020 -- EXHIBIT "H" — OVERVIEW REPORT Page I Tarrant County Samaritan Housing ,'(MENTOR Q 9e'W DF-4 Housing Opportunities for Persons with AIDS (HOPWA) Program Consolidated Annual Performance and Evaluation Report (CAPER) Measuring Performance Outcomes Revised 1/22/15 OMB Number 2506-0133 (Expiration Date: 12/31/2017) The CAPER report for HOPWA formula grantees provides annual information on program accomplishments that supports program evaluation and the ability to measure program beneficiary outcomes as related to: maintain housing stability; prevent homelessness; and improve access to care and support. This information is also covered under the Consolidated Plan Management Process (CPMP) report and includes Narrative Responses and Performance Charts required under the Consolidated Planning regulations. The public reporting burden for the collection of information is estimated to average 42 hours per manual response, or less if an automated data collection and retrieval system is in use, along with 60 hours for record keeping, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Grantees are required to report on the activities undertaken only, thus there may be components of these reporting requirements that may not be applicable. This agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless that collection displays a valid OMB control number. Previous editions are obsolete form HUD-40110-D (Expiration Date: 10/31/2017 Overview. The Consolidated Annual Performance and Evaluation Report (CAPER) provides annual performance reporting on client outputs and outcomes that enables an assessment of grantee performance in achieving the housing stability outcome measure. The CAPER, in conjunction with the Integrated Disbursement Information System (IDIS), fulfills statutory and regulatory program reporting requirements and provides the grantee and HUD with the necessary information to assess the overall program performance and accomplishments against planned goals and objectives. HOPWA formula grantees are required to submit a CAPER, and complete annual performance information for all activities undertaken during each program year in the IDIS, demonstrating coordination with other Consolidated Plan resources. HUD uses the CAPER and IDIS data to obtain essential information on grant activities, project sponsors, Subrecipient organizations, housing sites, units and households, and beneficiaries (which includes racial and ethnic data on program participants). The Consolidated Plan Management Process tool (CPMP) provides an optional tool to integrate the reporting of HOPWA specific activities with other planning and reporting on Consolidated Plan activities. Table of Contents PART 1: Grantee Executive Summary 1. Grantee Information 2. Project Sponsor Information 3. Administrative Subrecipient Information 4. Program Subrecipient Information 5. Grantee Narrative and Performance Assessment a. Grantee and Community Overview b. Annual Performance under the Action Plan c. Barriers or Trends Overview d. Assessment of Unmet Housing Needs PART 2: Sources of Leveraging and Program Income 1. Sources of Leveraging 2. Program Income and Resident Rent Payments PART 3: Accomplishment Data: Planned Goals and Actual Outputs PART 4: Summary of Performance Outcomes 1. Housing Stability: Permanent Housing and Related Facilities 2. Prevention of Homelessness: Short -Tenn Housing Payments 3. Access to Care and Support: Housing Subsidy Assistance with Supportive Services PART 5: Worksheet - Determining Housing Stability Outcomes PART 6: Annual Certification of Continued Use for HOPWA Facility - Based Stewardship Units (Only) PART 7: Summary Overview of Grant Activities A. Information on Individuals, Beneficiaries and Households Receiving HOPWA Housing Subsidy Assistance (TBRA, STRMU, PHP,Facility Based Units, Master Leased Units ONLY) B. Facility -Based Housing Assistance Continued Use Periods. Grantees that received HOPWA funding for new construction, acquisition, or substantial rehabilitations are required to operate their facilities for HOPWA-eligible beneficiaries for a ten (10) years period. If no further HOPWA funds are used to support the facility, in place of completing Section 7B of the CAPER, the grantee must submit an Annual Certification of Continued Project Operation throughout the required use periods. This certification is included in Part 6 in CAPER. The required use period is three (3) years if the rehabilitation is non -substantial. In connection with the development of the Department's standards for Homeless Management Information Systems (HMIS), universal data elements are being collected for clients of HOPWA-funded homeless assistance projects. These project sponsor/subrecipient records would include: Name, Social Security Number, Date of Birth, Ethnicity and Race, Gender, Veteran Status, Disabling Conditions, Residence Prior to Program Entry, Zip Code of Last Permanent Address, Housing Status, Program Entry Date, Program Exit Date, Personal Identification Number, and Household Identification Number. These are intended to match the elements under HMIS. The HOPWA program -level data elements include: Income and Sources, Non -Cash Benefits, HIV/AIDS Status, Services Provided, and Housing Status or Destination at the end of the operating year. Other suggested but optional elements are: Physical Disability, Developmental Disability, Chronic Health Condition, Mental Health, Substance Abuse, Domestic Violence, Date of Contact, Date of Engagement, Financial Assistance, Housing Relocation & Stabilization Services, Employment, Education, General Health Status, , Pregnancy Status, Reasons for Leaving, Veteran's Information, and Children's Education. Other HOPWA projects sponsors may also benefit from collecting these data elements. Final Assembly of Report. After the entire report is assembled, please number each page sequentially. Filing Requirements. Within 90 days of the completion of each program year, grantees must submit their completed CAPER to the CPD Director in the grantee's State or Local HUD Field Office, and to the HOPWA Program Office: at HOPWA(a)hud.gov. Electronic submission to HOPWA Program office is preferred; however, if electronic submission is not possible, hard copies can be mailed to: Office of HIV/AIDS Housing, Room 7212, U.S. Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, D.C. Record Keeping. Names and other individual information must be kept confidential, as required by 24 CFR 574.440. However, HUD reserves the right to review the information used to complete this report for grants management oversight purposes, except for recording any names and other identifying information. In the case that HUD must review client level data, no client names or identifying information will be retained or recorded. Information is reported in aggregate to HUD without personal identification. Do not submit client or personal information in data systems to HUD. Definitions Adjustment for Duplication: Enables the calculation of unduplicated output totals by accounting for the total number of households or units that received more than one type of HOPWA assistance in a given service category such as HOPWA Subsidy Assistance or Supportive Services. For example, if a client household received both TBRA and STRMU during the operating year, report that household in the category of HOPWA Housing Subsidy Assistance in Part 3, Chart 1, Column [lb] in the following manner: [11 Outputs: HOPWA Housing Subsidy Number of Assistance Households I . Tenant -Based Rental Assistance I Permanent Housing Facilities: 2a. Received Operating Subsidies/Leased units Transitional/Short-term 2b Facilities: Received Operating Subsidies Permanent Housing Facilities: Capital Development Projects 3a. placed in service during the operating year Transitional/Short-term Facilities: 3b Capital Development Projects placed in service during the operating year 4 Short-term Rent, Mortgage, and Utility Assistance 1 5 Adjustment for duplication subtract I TOTAL Housing Subsidy 6. Assistance (Sum of Rows 1-4 I minus Row 5) Previous editions are obsolete Page i form HUD-40110-D (Expiration Date: 10/31/2017) Administrative Costs: Costs for general management, oversight, coordination, evaluation, and reporting. By statute, grantee administrative costs are limited to 3% of total grant award, to be expended over the life of the grant. Project sponsor administrative costs are limited to 7% of the portion of the grant amount they receive. Beneficiary(ies): All members of a household who received HOPWA assistance during the operating year including the one individual who qualified the household for HOPWA assistance as well as any other members of the household (with or without HIV) who benefitted from the assistance. Central Contractor Registration (CCR): The primary registrant database for the U.S. Federal Government. CCR collects, validates, stores, and disseminates data in support of agency acquisition missions, including Federal agency contract and assistance awards. Both current and potential federal government registrants (grantees) are required to register in CCR in order to be awarded contracts by the federal government. Registrants must update or renew their registration at least once per year to maintain an active status. Although recipients of direct federal contracts and grant awards have been required to be registered with CCR since 2003, this requirement is now being extended to indirect recipients of federal funds with the passage of ARRA (American Recovery and Reinvestment Act). Per ARRA and FFATA (Federal Funding Accountability and Transparency Act) federal regulations, all grantees and sub -grantees or subcontractors receiving federal grant awards or contracts must have a DUNS (Data Universal Numbering System) Number. Chronically Homeless Person: An individual or family who: (i) is homeless and lives or resides individual or family who: (i) Is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and (iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U. S.C. 15002)), post traumatic stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability, including the co -occurrence of 2 or more of those conditions. Additionally, the statutory definition includes as chronically homeless a person who currently lives or resides in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital or other similar facility, and has resided there for fewer than 90 days if such person met the other criteria for homeless prior to entering that facility. (See 42 U.S.C. 11360(2))This does not include doubled -up or overcrowding situations. Disabling Condition: Evidencing a diagnosable substance use disorder, serious mental illness, developmental disability, chronic physical illness, or disability, including the co -occurrence of two or more of these conditions. hi addition, a disabling condition may limit an individual's ability to work or perform one or more activities of daily living. An HIV/AIDS diagnosis is considered a disabling condition. Facility -Based Housing Assistance: All eligible HOPWA Housing expenditures for or associated with supporting facilities including community residences, SRO dwellings, short-term facilities, project -based rental units, master leased units, and other housing facilities approved by HUD. Faith -Based Organization: Religious organizations of three types: (1) congregations; (2) national networks, which include national denominations, their social service arms (for example, Catholic Charities, Lutheran Social Services), and networks of related organizations (such as YMCA and YWCA); and (3) freestanding religious organizations, which are incorporated separately from congregations and national networks. Grassroots Organization: An organization headquartered in the local community where it provides services; has a social services budget of $300,000 or less annually, and six or fewer full-time equivalent employees. Local affiliates of national organizations are not considered "grassroots." HOPWA Eligible Individual: The one (1) low-income person with HIV/AIDS who qualifies a household for HOPWA assistance. This person may be considered "Head of Household." When the CAPER asks for information on eligible individuals, report on this individual person only. Where there is more than one person with HIV/AIDS in the household, the additional PWH/A(s), would be considered a beneficiary(s). HOPWA Housing Information Services: Services dedicated to helping persons living with HIV/AIDS and their families to identify, locate, and acquire housing. This may also include fair housing counseling for eligible persons who may encounter discrimination based on race, color, religion, sex, age, national origin, familial status, or handicap/disability. . HOPWA Housing Subsidy Assistance Total: The unduplicated number of households receiving housing subsidies (TBRA, STRMU, Permanent Housing Placement services and Master Leasing) and/or residing in units of facilities dedicated to persons living with HIV/AIDS and their families and supported with HOPWA funds during the operating year. Household: A single individual or a family composed of two or more persons for which household incomes are used to determine eligibility and for calculation of the resident rent payment. The tern is used for collecting data on changes in income, changes in access to services, receipt of housing information services, and outcomes on achieving housing stability. Live -In Aides (see definition for Live -In Aide) and non - beneficiaries (e.g. a shared housing arrangement with a roommate) who resided in the unit are not reported on in the CAPER. Housing Stability: The degree to which the HOPWA project assisted beneficiaries to remain in stable housing during the operating year. See Part 5: Determining Housing Stability Outcomes for definitions of stable and unstable housing situations. In -kind Leveraged Resources: These involve additional types of support provided to assist HOPWA beneficiaries such as volunteer services, materials, use of equipment and building space. The actual value of the support can be the contribution of professional services, based on customary rates for this specialized support, or actual costs contributed from other leveraged resources. In determining a rate for the contribution of volunteer time and services, use the rate established in HUD notices, such as the rate of ten dollars per hour. The value of any donated material, equipment, building, or lease should be based on the fair market value at time of donation. Related documentation can be from recent bills of sales, advertised prices, appraisals, or other information for comparable property similarly situated. Leveraged Funds: The amount of funds expended during the operating year from non-HOPWA federal, state, local, and private sources by grantees or sponsors in dedicating assistance to this client population. Leveraged funds or other assistance are used directly in or in support of HOPWA program delivery. Live -In Aide: A person who resides with the HOPWA Eligible Individual and who meets the following criteria: (1) is essential to the care and well- being of the person; (2) is not obligated for the support of the person; and (3) would not be living in the unit except to provide the necessary supportive services. See the Code of Federal Regulations Title 24, Part 5.403 and the HOPWA Grantee Oversight Resource Guide for additional reference. Master Leasing: Applies to a nonprofit or public agency that leases units of housing (scattered -sites or entire buildings) from a landlord, and subleases the units to homeless or low-income tenants. By assuming the tenancy burden, the agency facilitates housing of clients who may not be able to maintain a lease on their own due to poor credit, evictions, or lack of sufficient income. Operating Costs: Applies to facility -based housing only, for facilities that are currently open. Operating costs can include day-to-day housing Previous editions are obsolete Page ii form HUD-40110-D (Expiration Date: 10/31/2017) function and operation costs like utilities, maintenance, equipment, insurance, security, furnishings, supplies and salary for staff costs directly related to the housing project but not staff costs for delivering services. Outcome: The degree to which the HOPWA assisted household has been enabled to establish or maintain a stable living environment in housing that is safe, decent, and sanitary, (per the regulations at 24 CFR 574.310(b)) and to reduce the risks of homelessness, and improve access to HIV treatment and other health care and support. Output: The number of units of housing or households that receive HOPWA assistance during the operating year. Permanent Housing Placement: A supportive housing service that helps establish the household in the housing unit, including but not limited to reasonable costs for security deposits not to exceed two months of rent costs. Program Income: Gross income directly generated from the use of HOPWA funds, including repayments. See grant administration requirements on program income for state and local governments at 24 CFR 85.25, or for non -profits at 24 CFR 84.24. Project -Based Rental Assistance (PBRA): A rental subsidy program that is tied to specific facilities or units owned or controlled by a project sponsor or Subrecipient. Assistance is tied directly to the properties and is not portable or transferable. Project Sponsor Organizations: Any nonprofit organization or governmental housing agency that receives funds under a contract with the grantee to provide eligible housing and other support services or administrative services as defined in 24 CFR 574.300. Project Sponsor organizations are required to provide performance data on households served and funds expended. Funding flows to a project sponsor as follows: HUD Funding --> Grantee ---> Project Sponsor Short -Term Rent, Mortgage, and Utility (STRMU) Assistance: A time -limited, housing subsidy assistance designed to prevent homelessness and increase housing stability. Grantees may provide assistance for up to 21 weeks in any 52 week period. The amount of assistance varies per client depending on funds available, tenant need and program guidelines. Stewardship Units: Units developed with HOPWA, where HOPWA funds were used for acquisition, new construction and rehabilitation that no longer receive operating subsidies from HOPWA. Report information for the units is subject to the three-year use agreement if rehabilitation is non -substantial and to the ten-year use agreement if rehabilitation is substantial. Subrecipient Organization: Any organization that receives funds from a project sponsor to provide eligible housing and other support services and/or administrative services as defined in 24 CFR 574.300. If a subrecipient organization provides housing and/or other supportive services directly to clients, the subrecipient organization must provide performance data on household served and funds expended. Funding flows to subrecipients as follows: HUD Funding ---> Grantee --> Project Sponsor -->Subrecipient Tenant -Based Rental Assistance (TBRA): TBRA is a rental subsidy program similar to the Housing Choice Voucher program that grantees can provide to help low-income households access affordable housing. The TBRA voucher is not tied to a specific unit, so tenants may move to a different unit without losing their assistance, subject to individual program rules. The subsidy amount is determined in part based on household income and rental costs associated with the tenant's lease. Transgender: Transgender is defined as a person who identifies with, or presents as, a gender that is different from his/her gender at birth. Veteran: A veteran is someone who has served on active duty in the Armed Forces of the United States. This does not include inactive military reserves or the National Guard unless the person was called up to active duty. Previous editions are obsolete Page iii form HUD-40110-D (Expiration Date: 10/31/2017) Housing Opportunities for Person with AIDS (HOPWA) Consolidated Annual Performance and Evaluation Report (CAPER) Measuring Performance Outputs and Outcomes OMB Number 2506-0133 (Expiration Date: 10/31/2017) Part 1: Grantee Executive Summary As applicable, complete the charts below to provide more detailed information about the agencies and organizations responsible for the administration and implementation of the HOPWA program. Chart 1 requests general Grantee Information and Chart 2 is to be completed for each organization selected or designated as a project sponsor, as defined by CFR 574.3. In Chart 3, indicate each subrecipient organization with a contract/agreement of $25,000 or greater that assists grantees or project sponsors carrying out their administrative or evaluation activities. In Chart 4, indicate each subrecipient organization with a contract/agreement to provide HOPWA-funded services to client households. These elements address requirements in the Federal Funding and Accountability and Transparency Act of 2006 (Public Law 109-282). Note: Please see the definition section for distinctions between project sponsor and subrecipient. Note: If any information does not apply to your organization, please enter N/A. Do not leave any section blank. 1. Grantee Information HUD Grant Number Operating Year for this report From (mm/dd/yy) To (mm/dd/yy) Grantee Name Business Address City, County, State, Zip Employer Identification Number (EIN) or Tax Identification Number (TIN) DUN & Bradstreet Number (DUNs): Central Contractor Registration (CCR): Is the grantee's CCR status currently active? ❑ Yes ❑ No If yes, provide CCR Number: Congressional District of Grantee's Business Address *Congressional District of Primary Service Area(s) *City(ies) and County(ies) of Primary Service Cities: Counties: Area(s) Organizatiion's Website Address Is there a waiting list(s) for HOPWA Housing Subsidy Assistance Services in the Grantee service Area? ❑ Yes ❑ No If yes, explain in the narrative section what services maintain a waiting list and how this list is administered. * Service delivery area information only needed for program activities being directly carried out by the grantee. Previous editions are obsolete Page 1 form HUD-40110-D (Expiration Date: 10/31/2017) 2. Project Sponsor Information Please complete Chart 2 for each organization designated or selected to serve as a project sponsor, as defined by CFR 574.3. Use this section to report on organizations involved in the direct delivery of services for client households. These elements address requirements in the Federal Financial Accountability and Transparency Act of 2006 (Public Law 109-282). Note: Please see the definitions for distinctions between project sponsor and subrecipient. Note: If any information does not apply to your organization, please enter N/A. Project Sponsor Agency Name Parent Company Name, it'applicable Name and Title of Contact at Project Sponsor Agency Email Address Business Address City, County, State, Zip, Phone Number (with area code) Employer Identification Number (EIN) or Tax Identification Number (TIN) Fax Number (with area code) DUN & Bradstreet Number (DUNs): Congressional District of Project Sponsor's Business Address Congressional District(s) of Primary Service Area(s) City(ies) and County(ies) of Primary Service Area(s) Cities: Counties: Total HOPWA contract amount for this Organization for the operating ear Organization's Website Address Is the sponsor a nonprofit organization? ❑ Yes ❑ No Please check if yes and a faith -based organization. ❑ Please check if yes and a grassroots organization. ❑ Does your organization maintain a waiting list? ❑ Yes ❑ No If yes, explain in the narrative section how this list is administered. Previous editions are obsolete Page 2 form HUD-40110-D (Expiration Date: 10/31/2017) 3. Administrative Subrecipient Information Use Chart 3 to provide the following information for each subrecipient with a contract/agreement of $25,000 or greater that assists project sponsors to carry out their administrative services but no services directly to client households. Agreements include: grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance; and contracts, subcontracts, purchase orders, task orders, and delivery orders. (Organizations listed may have contracts with project sponsors) These elements address requirements in the Federal Funding and Accountability and Transparency Act of 2006 (Public Law 109- 282). Note: Please see the definitions for distinctions between project sponsor and subrecipient. Note: If any information does not apply to your organization, please enter N/A. Subrecipient Name Parent Company Name, if applicable Name and Title of Contact at Subrecipient Email Address Business Address City, State, Zip, County Phone Number (with area code) Fax Number (include area code) Employer Identification Number (EIN) or Tax Identification Number (TIN) DUN & Bradstreet Number (DUNs): North American Industry Classification System (NAICS) Code Congressional District of Subrecipient's Business Address Congressional District of Primary Service Area City (ies) and County (ies) of Primary Service Area(s) Cities: Counties: Total HOPWA Subcontract Amount of this Organization for the operating ear Previous editions are obsolete Page 3 form HUD-40110-D (Expiration Date: 10/31/2017) 4. Program Subrecipient Information Complete the following information for each subrecipient organization providing HOPWA-funded services to client households. These organizations would hold a contract/agreement with a project sponsor(s) to provide these services. For example, a subrecipient organization may receive funds from a project sponsor to provide nutritional services for clients residing within a HOPWA facility -based housing program. Please note that subrecipients who work directly with client households must provide performance data for the grantee to include in Parts 2-7 of the CAPER. Note: Please see the definition of a subrecipient for more information. Note: Types of contracts/agreements may include: grants, sub -grants, loans, awards, cooperative agreements, and other forms of financial assistance; and contracts, subcontracts, purchase orders, task orders, and delivery orders. Note: If any information is not applicable to the organization, please report N/A in the appropriate box. Do not leave boxes blank. Sub -recipient Name Parent Company Name, if applicable Name and Title of Contact at Contractor/ Sub -contractor Agency Email Address Business Address City, County, State, Zip Phone Number (included area code) Fax Number (include area code) Employer Identification Number (EIN) or Tax Identification Number (TIN) DUN & Bradstreet Number (DUNS) North American Industry Classification System (NAICS) Code Congressional District of the Sub -recipient's Business Address Congressional District(s) of Primary Service Area City(ies) and County(ies) of Primary Service Area Cities: Counties: Total HOPWA Subcontract Amount of this Organization for the operating year Previous editions are obsolete Page 4 form HUD-40110-D (Expiration Date: 10/31/2017) 5. Grantee Narrative and Performance Assessment a. Grantee and Community Overview Provide a one to three page narrative summarizing major achievements and highlights that were proposed and completed during the program year. Include a brief description of the grant organization, area of service, the name(s) of the program contact(s), and an overview of the range/type of housing activities provided. This overview may be used for public information, including posting on HUD's website. Note: Text fields are expandable. b. Annual Performance under the Action Plan Provide a narrative addressing each of the following four items: 1. Outputs Reported. Describe significant accomplishments or challenges in achieving the number of housing units supported and the number households assisted with HOPWA funds during this operating year compared to plans for this assistance, as approved in the Consolidated Plan/Action Plan. Describe how HOPWA funds were distributed during your program year among different categories of housing and geographic areas to address needs throughout the grant service area, consistent with approved plans. 2. Outcomes Assessed. Assess your program's success in enabling HOPWA beneficiaries to establish and/or better maintain a stable living environment in housing that is safe, decent, and sanitary, and improve access to care. Compare current year results to baseline results for clients. Describe how program activities/projects contributed to meeting stated goals. If program did not achieve expected targets, please describe how your program plans to address challenges in program implementation and the steps currently being taken to achieve goals in next operating year. If your program exceeded program targets, please describe strategies the program utilized and how those contributed to program successes. 3. Coordination. Report on program coordination with other mainstream housing and supportive services resources, including the use of committed leveraging from other public and private sources that helped to address needs for eligible persons identified in the Consolidated Plan/Strategic Plan. 4. Technical Assistance. Describe any program technical assistance needs and how they would benefit program beneficiaries. c. Barriers and Trends Overview Provide a narrative addressing items 1 through 3. Explain how barriers and trends affected your program's ability to achieve the objectives and outcomes discussed in the previous section. 1. Describe any barriers (including regulatory and non -regulatory) encountered in the administration or implementation of the HOPWA program, how they affected your program's ability to achieve the objectives and outcomes discussed, and, actions taken in response to barriers, and recommendations for program improvement. Provide an explanation for each barrier selected. H HOPWA/HUD Regulations U Planning U Housing Availability U Rent Determination and Fair Market Rents ❑ Discrimination/Confidentiality ❑ Multiple Diagnoses ❑ Eligibility ❑ Technical Assistance or Training ❑ Supportive Services ❑ Credit History ❑ Rental History ❑ Criminal Justice History ❑ Housing Affordability ❑ Geography/Rural Access ❑Other, please explain further Previous editions are obsolete Page 5 form HUD-40110-D (Expiration Date: 10/31/2017) 2. Describe any trends in the community that may affect the way in which the needs of persons living with HIV/AIDS are being addressed, and provide any other information important to the future provision of services to this population. 3. Identify any evaluations, studies, or other assessments of the HOPWA program that are available to the public. d. Unmet Housing Needs: An Assessment of Unmet Housing Needs In Chart 1, provide an assessment of the number of HOPWA-eligible households that require HOPWA housing subsidy assistance but are not currently served by any HOPWA-funded housing subsidy assistance in this service area. In Row 1, report the total unmet need of the geographical service area, as reported in Unmet Needs for Persons with HIV/AIDS, Chart I of the Consolidated or Annual Plan(s), or as reported under HOPWA worksheet in the Needs Workbook of the Consolidated Planning Management Process (CPMP) tool. Note: Report most current data available, through Consolidated or Annual Plan(s), and account for local housing issues, or changes in HIV/AIDS cases, by using combination of one or more of the sources in Chart 2. If data is collected on the type of housing that is needed in Rows a. through c., enter the number of HOPWA-eligible households by type of housing subsidy assistance needed. For an approximate breakdown of overall unmet need by type of housing subsidy assistance refer to the Consolidated or Annual Plan (s), CPMP tool or local distribution of funds. Do not include clients who are already receiving HOPWA-funded housing subsidy assistance. Refer to Chart 2, and check all sources consulted to calculate unmet need. Reference any data from neighboring states' or municipalities' Consolidated Plan or other planning efforts that informed the assessment of Unmet Need in your service area. Note: In order to ensure that the unmet need assessment for the region is comprehensive, HOPWA formula grantees should include those unmet needs assessed by HOPWA competitive grantees operating within the service area. 1. Planning Estimate of Area's Unmet Needs for HOPWA-Eligible Households 1. Total number of households that have unmet housing subsidy assistance need. 2. From the total reported in Row 1, identify the number of households with unmet housing needs by type of housing subsidy assistance: a. Tenant -Based Rental Assistance (TBRA) b. Short -Term Rent, Mortgage and Utility payments (STRMU) • Assistance with rental costs • Assistance with mortgage payments • Assistance with utility costs. c. Housing Facilities, such as community residences, SRO dwellings, other housing facilities Previous editions are obsolete Page 6 form HUD-40110-D (Expiration Date: 10/31/2017) 2. Recommended Data Sources for Assessing Unmet Need (check all sources used) X = Data as reported in the area Consolidated Plan, e.g. Table 1B, CPMP charts, and related narratives = Data established by area HIV/AIDS housing planning and coordination efforts, e.g. Continuum of Care = Data from client information provided in Homeless Management Information Systems (HMIS) = Data from project sponsors or housing providers, including waiting lists for assistance or other assessments on need including those completed by HOPWA competitive grantees operating in the region. = Data from prisons or jails on persons being discharged with HIV/AIDS, if mandatory testing is conducted = Data from local Ryan White Planning Councils or reported in CARE Act Data Reports, e.g. number of clients with permanent housing = Data collected for HIV/AIDS surveillance reporting or other health assessments, e.g. local health department or CDC surveillance data End of PART 1 Previo editio are obsolete Page 7 form HUD-40110-D (Expiration Date: 10/31/2017) PART 2: Sources of Leveraging and Program Income 1. Sources of Leveraging Report the source(s) of cash or in -kind leveraged federal, state, local or private resources identified in the Consolidated or Annual Plan and used in the delivery of the HOPWA program and the amount of leveraged dollars. In Column [1], identify the type of leveraging. Some common sources of leveraged funds have been provided as a reference point. You may add Rows as necessary to report all sources of leveraged funds. Include Resident Rent payments paid by clients directly to private landlords. Do NOT include rents paid directly to a HOPWA program as this will be reported in the next section. In Column [2] report the amount of leveraged funds expended during the operating year. Use Column [3] to provide some detail about the type of leveraged contribution (e.g., case management services or clothing donations). In Column [4], check the appropriate box to indicate whether the leveraged contribution was a housing subsidy assistance or another form of support. Note: Be sure to report on the number of households supported with these leveraged funds in Part 3, Chart 1, Column d. A. Source of Leveraging Chart [2] Amount of [4] Housing Subsidy Leveraged [3] Type of Assistance or Other [1] Source of Leveraging Funds Contribution Support Public Funding ❑Housing Subsidy Assistance Ryan White -Housing Assistance ❑Other Support ❑Housing Subsidy Assistance Ran White -Other ❑Other Support ❑Housing Subsidy Assistance Housing Choice Voucher Program ❑Other Support ❑Housing Subsidy Assistance Low Income Housing Tax Credit ❑Other Support ❑Housing Subsidy Assistance HOME ❑Other Support ❑Housing Subsidy Assistance Shelter Plus Care ❑Other Support ❑Housing Subsidy Assistance Emergency Solutions Grant ❑Other Support ❑Housing Subsidy Assistance Other Public: ❑Other Support ❑Housing Subsidy Assistance Other Public: ❑Other Support ❑Housing Subsidy Assistance Other Public: ❑Other Support ❑Housing Subsidy Assistance Other Public: ❑Other Support ❑Housing Subsidy Assistance Other Public: ❑Other Support Private Funding ❑Housing Subsidy Assistance Grants ❑Other Support ❑Housing Subsidy Assistance In -kind Resources ❑Other Support ❑Housing Subsidy Assistance Other Private: ❑Other Support ❑Housing Subsidy Assistance Other Private: ❑Other Support Other Funding ❑Housing Subsidy Assistance Grantee/Project S onsor/Subreci Tent (Agency) Cash ❑Other Support Resident Rent Payments b Client to Private Landlord TOTAL (Sum of all Rows) Previous editions are obsolete Page 8 form HUD-40110-D (Expiration Date: 10/31/2017) 2. Program Income and Resident Rent Payments In Section 2, Chart A., report the total amount of program income and resident rent payments directly generated from the use of HOPWA funds, including repayments. Include resident rent payments collected or paid directly to the HOPWA program. Do NOT include payments made directly from a client household to a private landlord. Note: Please see report directions section for definition of program income. (Additional information on program income is available in the HOPWA Grantee Oversight Resource Guide). A. Total Amount Program Income and Resident Rent Payment Collected During the Operating Year Total Amount of Program Income Program Income and Resident Rent Payments Collected (for this operating year) 1. Program income (e.g. repayments) 2. Resident Rent Payments made directly to HOPWA Program 3. Total Program Income and Resident Rent Payments (Sum of Rows 1 and 2) B. Program Income and Resident Rent Payments Expended To Assist HOPWA Households In Chart B, report on the total program income and resident rent payments (as reported above in Chart A) expended during the operating year. Use Row 1 to report Program Income and Resident Rent Payments expended on Housing Subsidy Assistance Programs (i.e., TBRA, STRMU, PHP, Master Leased Units, and Facility -Based Housing). Use Row 2 to report on the Program Income and Resident Rent Payment expended on Supportive Services and other non -direct Housing Costs. Total Amount of Program Income Expended Program Income and Resident Rent Payment Expended on (for this operating year) HOPWA programs 1. Program Income and Resident Rent Payment Expended on Housing Subsidy Assistance costs 2. Program Income and Resident Rent Payment Expended on Supportive Services and other non - direct housing costs 3. Total Program Income Expended (Sum of Rows 1 and 2) End of PART 2 Previous editions are obsolete Page 9 form HUD-40110-D (Expiration Date: 10/31/2017) PART 3: Accomplishment Data Planned Goal and Actual Outputs In Chart 1, enter performance information (goals and actual outputs) for all activities undertaken during the operating year supported with HOPWA funds. Performance is measured by the number of households and units of housing that were supported with HOPWA or other federal, state, local, or private funds for the purposes of providing housing assistance and support to persons living with HIV/AIDS and their families. Note: The total households assisted with HOPWA funds and reported in PART 3 of the CAPER should be the same as reported in the annual year-end IDIS data, and goals reported should be consistent with the Annual Plan information. Any discrepancies or deviations should be explained in the narrative section of PART 1. 1. HOPWA Performance Planned Goal and Actual Outputs [11 Output: Households [21 Output: Funding HOPWA Leveraged HOPWA Performance Assistance Households HOPWA Funds Planned Goal a. b. C. d. e. f and Actual AL HOPWA Housing Subsidy Assistance 111 Output: Households 121 Outut: Funding I . Tenant -Based Rental Assistance a. Permanent Housing Facilities: Operating Subsidies/Leased units (Households Served) —Received b. Transitional/Short-term Facilities: Received Operating Subsidies/Leased units (Households Served) (Households Served) 3a. Permanent Housing Facilities: Capital Development Projects placed in service during the operating year ouseholds Served 3b. Transitional/Short-term Facilities: Capital Development Projects placed in service during the operating year Households Served 4. Short -Term Rent, Mortgage and Utility Assistance 5.Permanent Housing Placement Services 6.Adjustments for duplication (subtract) 7. Total HOPWA Housing Subsidy Assistance (Columns a. — d. equal the sum of Rows 1-5 minus Row 6; Columns e. and L the sum of Rows 1-5) —equal Housing Development Construction and Stewardship of facility based housing) [11 Output: Housing Units [21 Out :Funding 8. Facility -based units; Capital Development Projects not yet opened (Housing Units) 9. Stewardship Units subject to 3 or 10 year use agreements 10. Total Housing Developed (Sum of Rows 8 & 9) Supportive Services 1I Output Households 121 Out :Funding 1 la. Supportive Services provided by project sponsors/subrecipient that also delivered HOPWA housing subsidy assistance 1 lb. Supportive Services provided by project sponsors/subrecipient that only provided supportive services. 12. Adjustment for duplication (subtract) 13. Total Supportive Services (Columns a. — d. equal the sum of Rows 11 a. & b. minus Row 12; Columns e. and f. equal the sum of Rows lla. & llb.) Housing Information Services [1] Output Households [2] Output: Funding L14. Housing Information Services 15. Total Housing Information Services Previous editions are obsolete Page 10 form HUD-40110-D (Expiration Date: 10/31/2017) Grant Administration and Other Activities [11 Output Households [21 Output: Funding 16. Resource Identification to establish, coordinate and develop housing assistance resources 17. Technical Assistance (if approved in grant agreement) 18. Grantee Administration (maximum 3% of total HOPWA grant) 19. Project Sponsor Administration maximum 7% ofportion of HOPWA grant awarded 20. Total Grant Administration and Other Activities (Sum of Rows 16 —19) Total Expended 121 Outputs: HOPWA Funds Ex ended Budget Actual 1. Total Expenditures for program year (Sum of Rows 7, 10, 13, 15, and 20) 2. Listing of Supportive Services Report on the households served and use of HOPWA funds for all supportive services. Do NOT report on supportive services leveraged with non-HOPWA funds. Data check: Total unduplicated households and expenditures reported in Row 17 equal totals reported in Part 3, Chart 1, Row 13. Supportive Services [11 Output: Number of Households [21 Output: Amount of HOPWA Funds Expended 1. Adult day care and personal assistance 2. Alcohol and drug abuse services 3. Case management 4. Child care and other child services 5. Education 6. Employment assistance and training 7. Health/medical/intensive care services, if approved Note: Client records must conform with 24 CFR §574.310 8. Legal services 9. Life skills management outside of case management) 10. Meals/nutritional services 11. Mental health services 12. Outreach 13. Transportation 14. Other Activity (if approved in grant agreement). Specify: 15. Sub -Total Households receiving Supportive Services (Sum of Rows 1-14) 16. Adjustment for Duplication subtract 17. ITOTAL Unduplicated Households receiving Supportive Services (Column [1] equals Row 15 minus Row 16; Column [2] equals sum of Rows 1-14) Previous editions are obsolete Page 11 form HUD-40110-D (Expiration Date: 10/31/2017) 3. Short -Term Rent, Mortgage and Utility Assistance (STRMU) Summary In Row a., enter the total number of households served and the amount of HOPWA funds expended on Short -Term Rent, Mortgage and Utility (STRMU) Assistance. In Row b., enter the total number of STRMU-assisted households that received assistance with mortgage costs only (no utility costs) and the amount expended assisting these households. In Row c., enter the total number of STRMU-assisted households that received assistance with both mortgage and utility costs and the amount expended assisting these households. In Row d., enter the total number of STRMU-assisted households that received assistance with rental costs only (no utility costs) and the amount expended assisting these households. In Row e., enter the total number of STRMU-assisted households that received assistance with both rental and utility costs and the amount expended assisting these households. In Row f., enter the total number of STRMU-assisted households that received assistance with utility costs only (not including rent or mortgage costs) and the amount expended assisting these households. In row g., report the amount of STRMU funds expended to support direct program costs such as program operation staff. Data Check: The total households reported as served with STRMU in Row a., column [1] and the total amount of HOPWA funds reported as expended in Row a., column [2] equals the household and expenditure total reported for STRMU in Part 3, Chart 1, Row 4, Columns b. and f., respectively. Data Check: The total number of households reported in Column [1], Rows b., c., d., e., and f. equal the total number of STRMU households reported in Column [1], Row a. The total amount reported as expended in Column [2], Rows b., c., d., e., f., and g. equal the total amount of STRMU expenditures reported in Column [2], Row a. [1] Output: Number of [2] Output: Total Households Served HOPWA Funds Expended Housing Subsidy Assistance Categories (STRMU) on STRMU during Operating Year Total Short-term mortgage, rent and/or utility (STRMU) a. assistance Of the total STRMU reported on Row a, total who received b. assistance with mortgage costs ONLY. Of the total STRMU reported on Row a, total who received C. assistance with mortgage and utility costs. Of the total STRMU reported on Row a, total who received d. assistance with rental costs ONLY. Of the total STRMU reported on Row a, total who received e. assistance with rental and utility costs. Of the total STRMU reported on Row a total who received f. assistance with utility costs ONLY. Direct program delivery costs (e.g., program operations staff time) 9. End of PART 3 Previous editions are obsolete Page 12 form HUD-40110-D (Expiration Date: 10/31/2017) Part 4: Summary of Performance Outcomes In Column [1], report the total number of eligible households that received HOPWA housing subsidy assistance, by type. In Column [2], enter the number of households that continued to access each type of housing subsidy assistance into next operating year. In Column [3], report the housing status of all households that exited the program. Data Check: The sum of Columns [2] (Number of Households Continuing) and [3] (Exited Households) equals the total reported in Column[IJ. Note: Refer to the housing stability codes that appear in Part 5: Worksheet - Determining Housing Stability Outcomes. Section 1. Housing Stability: Assessment of Client Outcomes on Maintaining Housing Stability (Permanent Housing and Related Facilities) A. Permanent Housing Subsidy Assistance [1] Output: Total [21 Assessment: Number of [3] Assessment: Number of Number of Households Served Households that Continued Receiving HOPWA Housing Subsidy Assistance into the Next Households that exited this HOPWA Program; their Housing Status after Exiting 141 HOPWA Client Outcomes Operating Year 1 Emergency Shelter/Streets Unstable Arrangements 2 Temporary Housing Temporarily Stable, with Reduced Risk of Homelessness 3 Private Housing Tenant -Based Rental Assistance Stable/PermanentHousing (PH) 4 Other HOPWA 5 Other Subsidy 6 hnstitution 7 Jail/Prison Unstable Arrangements 8 Disconnected/Unknown 9 Death Life Event 1 Emergency Shelter/Streets Unstable Arrangements 2 Temporary Housing Temporarily Stable, with Reduced Risk of Homelessness 3 Private Housing Permanent Supportive Housing g Stable/PermanentHousing (PH) 4 Other HOPWA 5 Other Subsidy Facilities/ Units 6 Institution 7 Jail/Prison Unstable Arrangements 8 Disconnected/Unknown 9 Death Life Event B. Transitional Housing Assistance [1] Output: Total [2] Assessment: Number of [31 Assessment: Number of Number of Households that Continued Households that exited this Households Receiving HOPWA Housing HOPWA Program; their [4[ HOPWA Client Outcomes Served Subsidy Assistance into the Next Housing Status after Exiting Operating Year 1 Emergency Shelter/Streets Unstable Arrangements 2 Temporary Housing Temporarily Stable with Reduced Risk of Homelessness Transitional/ Short -Term 3 Private Housing 4 Other HOPWA Housing Facilities/ Units Stable/Permanent Housing (PH) 5 Other Subsidy 6 Institution 7 Jail/Prison Unstable Arrangements 8 Disconnected/unknown 9 Death Life Event Previous editions are obsolete Page 13 form HUD-40110-D (Expiration Date: 10/31/2017) B 1:Total number of households receiving transitional/short-term housing assistance whose tenure exceeded 24 months Section 2. Prevention of Homelessness: Assessment of Client Outcomes on Reduced Risks of Homelessness (Short -Term Housing Subsidy Assistance) Report the total number of households that received STRMU assistance in Column [1]. In Column [2], identify the outcomes of the households reported in Column [ 1 ] either at the time that they were known to have left the STRMU program or through the project sponsor or subrecipient's best assessment for stability at the end of the operating year. Information in Column [3] provides a description of housing outcomes; therefore, data is not required. At the bottom of the chart: • In Row 1 a., report those households that received STRMU assistance during the operating year of this report, and the prior operating year. • In Row lb., report those households that received STRMU assistance during the operating year of this report, and the two prior operating years. Data Check: The total households reported as served with STRMU in Column [1] equals the total reported in Part 3, Chart 1, Row 4, Column b. Data Check: The sum of Column [2] should equal the number of households reported in Column [1]. Assessment of Households that Received STRMU Assistance [11 Output: Total [21 Assessment of Housing Status [3] HOPWA Client Outcomes number of households Maintain Private Housing without subsidy (e.g. Assistance provided/completed and client is stable, not likely to seek additional support) Other Private Housing without subsidy (e.g. client switched housing units and is now stable, not likely to seek additional support) Stable/Permanent Housing (PH) Other HOPWA Housing Subsidy Assistance Other Housing Subsidy (PH) Institution (e.g. residential and long-term care) Likely that additional STRMU is needed to maintain current housing arrangements Temporarily Stable, with Transitional Facilities/Short-term (e.g. temporary or transitional arrangement) Reduced Risk of Homelessness Temporary/Non-Permanent Housing arrangement (e.g. gave up lease, and moved in with family or friends but expects to live there less than 90 days) Emergency Shelter/street Jail/Prison Unstable Arrangements Disconnected Death Life Event 1 a. Total number of those households that received STRMU Assistance in the operating year of this report that also received STRMU assistance in the prior operating year (e.g. households that received STRMU assistance in two consecutive operating years). lb. Total number of those households that received STRMU Assistance in the operating year of this report that also received STRMU assistance in the two prior operating years (e.g. households that received STRMU assistance in three consecutive operating years). Previous editions are obsolete Page 14 form HUD-40110-D (Expiration Date: 10/31/2017) Section 3. HOPWA Outcomes on Access to Care and Support la. Total Number of Households Line [1]: For project sponsors/subrecipients that provided HOPWA housing subsidy assistance during the operating year identify in the appropriate row the number of households that received HOPWA housing subsidy assistance (TBRA, STRMU, Facility -Based, PHP and Master Leasing) and HOPWA funded case management services. Use Row c. to adjust for duplication among the service categories and Row d. to provide an unduplicated household total. Line [2]: For project sponsors/subrecipients that did NOT provide HOPWA housing subsidy assistance identify in the appropriate row the number of households that received HOPWA funded case management services. Note: These numbers will help you to determine which clients to report Access to Care and Support Outcomes for and will be used by HUD as a basis for analyzing the percentage of households who demonstrated or maintained connections to care and support as identified in Chart lb. below. Total Number of Households 1. For Project Sponsors/Subrecipients that provided HOPWA Housing Subsidy Assistance: Identify the total number of households that received the following HOPWA-funded services: a. Housing Subsidy Assistance (duplicated)-TBRA, STRMU, PHP, Facility -Based Housing, and Master Leasing b. Case Management C. Adjustment for duplication (subtraction) d. Total Households Served by Project Sponsors/Subrecipients with Housing Subsidy Assistance (Sum of Rows a.b. minus Row c.) 2. For Project Sponsors/Subrecipients did NOT provide HOPWA Housing Subsidy Assistance: Identify the total number of households that received the following HOPWA-funded service: a. HOPWA Case Management b. Total Households Served by Project Sponsors/Subrecipients without Housing Subsidy Assistance lb. Status of Households Accessing Care and Support Column [1]: Of the households identified as receiving services from project sponsors/subrecipients that provided HOPWA housing subsidy assistance as identified in Chart Ia., Row 1 d. above, report the number of households that demonstrated access or maintained connections to care and support within the program year. Column [2]: Of the households identified as receiving services from project sponsors/subrecipients that did NOT provide HOPWA housing subsidy assistance as reported in Chart la., Row 2b., report the number of households that demonstrated improved access or maintained connections to care and support within the program year. Note: For information on types and sources of income and medical insurance/assistance, refer to Charts below. [11 For project [2] For project sponsors/subrecipients that sponsors/subrecipients that Categories of Services Accessed provided HOPWA housing subsidy did NOT provide HOPWA Outcome assistance, identify the households housing subsidy assistance, Indicator who demonstrated the following:identify the households who demonstrated the following: 1. Has a housing plan for maintaining or establishing stable on- Support for Stable going housing Housin 2. Had contact with case manager/benefits counselor consistent with the schedule specified in client's individual service plan Access to (may include leveraged services such as Ryan White Medical Support Case Management) 3. Had contact with a primary health care provider consistent Access to with the schedule specified in client's individual service plan Health Care 4. Accessed and maintained medical insurance/assistance Access to Health Care 5. Successfully accessed or maintained qualification for sources Sources of of income Income Previous editions are obsolete Page 15 form HUD-40110-D (Expiration Date: 10/31/2017) Chart lb., Line 4: Sources of Medical Insurance and Assistance include, but are not limited to the following teference only) • MEDICAID Health Insurance Program, or • Veterans Affairs Medical Services use local program • AIDS Drug Assistance Program (ADAP) • Ryan White -funded Medical or Dental name • State Children's Health Insurance Program Assistance • MEDICARE Health Insurance Program, or (SCHIP), or use local program name use local program name mart l b., Kow 5: Nources of income lncluUe, but are not limited to the tollowing (Kelerence out • Earned Income • Child Support • General Assistance (GA), or use local • Veteran's Pension • Social Security Disability Income (SSDI) program name • Unemployment Insurance • Alimony or other Spousal Support • Private Disability Insurance • Pension from Former Job • Veteran's Disability Payment • Temporary Assistance for Needy • Supplemental Security Income (SSI) • Retirement Income from Social Security Families (TANF) • Worker's Compensation • Other Income Sources lc. Households that Obtained Employment Column [I]: Of the households identified as receiving services from project sponsors/subrecipients that provided HOPWA housing subsidy assistance as identified in Chart Ia., Row 1 d. above, report on the number of households that include persons who obtained an income -producing job during the operating year that resulted from HOPWA-funded Job training, employment assistance, education or related case management/counseling services. Column [2]: Of the households identified as receiving services from project sponsors/subrecipients that did NOT provide HOPWA housing subsidy assistance as reported in Chart la., Row 2b., report on the number of households that include persons who obtained an income -producing job during the operating year that resulted from HOPWA-funded Job training, employment assistance, education or case management/counseling services. Note: This includes jobs created by this project sponsor/subrecipients or obtained outside this agency. Note: Do not include jobs that resulted from leveraged job training, employment assistance, education or case management/counseling services. [1 For project sponsors/subrecipients that [21 For project sponsors/subrecipients that did Categories of Services Accessed provided HOPWA housing subsidy NOT provide HOPWA housing subsidy assistance, assistance, identify the households who identify the households who demonstrated the demonstrated the following: following: Total number of households that obtained an income -producing job End of PART 4 Previous editions are obsolete Page 16 form HUD-40110-D (Expiration Date: 10/31/2017) PART 5: Worksheet - Determining Housing Stability Outcomes (optional) 1. This chart is designed to assess program results based on the information reported in Part 4 and to help Grantees determine overall program performance. Completion of this worksheet is optional. Permanent Stable Housing Temporary Housing Unstable Life Event Housing Subsidy (# of households (2) Arrangements (9) Assistance remaining in program (1+7+8) plus 3+4+5+6) Tenant -Based Rental Assistance (TBRA) Permanent Facility - based Housing Assistance/Units Transitional/Short- Term Facility -based Housing Assistance/Units Total Permanent HOPWA Housing Subsidy Assistance Reduced Risk of Stable/Permanent Temporarily Stable, with Reduced Risk of Unstable Life Events Homelessness: Housing Homelessness Arrangements Short -Term Assistance Short -Term Rent, Mortgage, and Utility Assistance (STRMU) Total HOPWA Housing Subsidy Assistance Background on HOPWA Housing Stability Codes Stable Permanent Housing/Ongoing Participation 3 = Private Housing in the private rental or home ownership market (without known subsidy, including permanent placement with families or other self-sufficient arrangements) with reasonable expectation that additional support is not needed. 4 = Other HOPWA-funded housing subsidy assistance (not STRMU), e.g. TBRA or Facility -Based Assistance. 5 = Other subsidized house or apartment (non-HOPWA sources, e.g., Section 8, HOME, public housing). 6 = Institutional setting with greater support and continued residence expected (e.g., residential or long-term care facility). Temporary Housing 2 = Temporary housing - moved in with family/friends or other short-term arrangement, such as Ryan White subsidy, transitional housing for homeless, or temporary placement in institution (e.g., hospital, psychiatric hospital or other psychiatric facility, substance abuse treatment facility or detox center). Unstable Arrangements 1 = Emergency shelter or no housing destination such as places not meant for habitation (e.g., a vehicle, an abandoned building, bus/train/subway station, or anywhere outside). 7 = Jail /prison. 8 = Disconnected or disappeared from project support, unknown destination or no assessments of housing needs were undertaken. Life Event 9 = Death, i.e., remained in housing until death. This characteristic is not factored into the housing stability equation. Tenant -based Rental Assistance: Stable Housing is the sum of the number of households that (i) remain in the housing and (ii) those that left the assistance as reported under: 3, 4, 5, and 6. Temporary Housing is the number of households that accessed assistance, and left their current housing for a non -permanent housing arrangement, as reported under item: 2. Unstable Situations is the sum of numbers reported under items: 1, 7, and 8. Previous editions are obsolete Page 17 form HUD-40110-D (Expiration Date: 10/31/2017) Permanent Facility -Based Housing Assistance: Stable Housing is the sum of the number of households that (i) remain in the housing and (ii) those that left the assistance as shown as items: 3, 4, 5, and 6. Temporary Housing is the number of households that accessed assistance, and left their current housing for a non -permanent housing arrangement, as reported under item 2. Unstable Situations is the sum of numbers reported under items: 1, 7, and 8. Transitional/Short-Term Facility -Based Housing Assistance: Stable Housing is the sum of the number of households that (i) continue in the residences (ii) those that left the assistance as shown as items: 3, 4, 5, and 6. Other Temporary Housing is the number of households that accessed assistance, and left their current housing for a non -permanent housing arrangement, as reported under item 2. Unstable Situations is the sum of numbers reported under items: 1, 7, and 8. Tenure Assessment. A baseline of households in transitional/short-term facilities for assessment purposes, indicate the number of households whose tenure exceeded 24 months. STRMU Assistance: Stable Housing is the sum of the number of households that accessed assistance for some portion of the permitted 21-week period and there is reasonable expectation that additional support is not needed in order to maintain permanent housing living situation (as this is a time -limited form of housing support) as reported under housing status: Maintain Private Housing with subsidy; Other Private with Subsidy; Other HOPWA support; Other Housing Subsidy; and Institution. Temporarily Stable, with Reduced Risk of Homelessness is the sum of the number of households that accessed assistance for some portion of the permitted 21-week period or left their current housing arrangement for a transitional facility or other temporary/non-permanent housing arrangement and there is reasonable expectation additional support will be needed to maintain housing arrangements in the next year, as reported under housing status: Likely to maintain current housing arrangements, with additional STRMU assistance; Transitional Facilities/Short-term; and Temporary/Non-Permanent Housing arrangements Unstable Situation is the sum of number of households reported under housing status: Emergency Shelter; Jail/Prison; and Disconnected. End of PART 5 Previous editions are obsolete Page 18 form HUD-40110-D (Expiration Date: 10/31/2017) PART 6: Annual Certification of Continued Usage for HOPWA Facility -Based Stewardship Units (ONLY) The Annual Certification of Usage for HOPWA Facility -Based Stewardship Units is to be used in place of Part 7B of the CAPER if the facility was originally acquired, rehabilitated or constructed/developed in part with HOPWA funds but no HOPWA funds were expended during the operating year. Scattered site units may be grouped together on one page. Grantees that used HOPWA funding for new construction, acquisition, or substantial rehabilitation are required to operate their facilities for HOPWA eligible individuals for at least ten (10) years. If non -substantial rehabilitation funds were used they are required to operate for at least three (3) years. Stewardship begins once the facility is put into operation. Note: See definition of Stewardship Units. 1. General information Operating Year for this report HUD Grant Number(s) From (mm/dd/yy) To (mm/dd/yy) ❑ Final Yr ❑ Yr 1; ❑ Yr 2; ❑ Yr 3; ❑ Yr 4; ❑ Yr 5; ❑ Yr 6; ❑ Yr 7; ❑ Yr 8; ❑ Yr 9; ❑ Yr 10; Grantee Name Date Facility Began Operations (mm/dd/yy) 2. Number of Units and Non-HOPWA Expenditures Facility Name: Number of Stewardship Units Amount of Non-HOPWA Funds Expended in Support of the Developed with HOPWA Stewardship Units during the Operating Year funds Total Stewardship Units (subject to 3- or 10- year useperiods) 3. Details of Project Site Project Sites: Name of HOPWA-funded project Site Information: Project Zip Code(s) Site Information: Congressional District(s) Is the address of the project site confidential? ❑ Yes, protect information; do not list ❑ Not confidential; information can be made available to the public If the site is not confidential: Please provide the contact information, phone, email address/location, if business address is different from facility address I certify that the facility that received assistance for acquisition, rehabilitation, or new construction from the Housing Opportunities for Persons with AIDS Program has operated as a facility to assist HOPWA-eligible persons from the date shown above. I also certify that the grant is still serving the planned number of HOPWA-eligible households at this facility through leveraged resources and all other requirements of the grant agreement are being satisfied. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Name & Title of Authorized Official of the organization that continues Signature & Date (mm/dd/yy) to operate the facility: Name & Title of Contact at Grantee Agency Contact Phone (with area code) (person who can answer questions about the report and program) End of PART 6 Previous editions are obsolete Page 19 form HUD-40110-D (Expiration Date: 10/31/2017) Part 7: Summary Overview of Grant Activities A. Information on Individuals, Beneficiaries, and Households Receiving HOPWA Housing Subsidy Assistance (TBRA, STRMU, Facility -Based Units, Permanent Housing Placement and Master Leased Units ONLY) Note: Reporting for this section should include ONLY those individuals, beneficiaries, or households that received and/or resided in a household that received HOPWA Housing Subsidy Assistance as reported in Part 3, Chart 1, Row 7, Column b. (e.g., do not include households that received HOPWA supportive services ONLY). Section 1. HOPWA-Eligible Individuals who Received HOPWA Housing Subsidy Assistance a. Total HOPWA Eligible Individuals Living with HIV/AIDS In Chart a., provide the total number of eligible (and unduplicated) low-income individuals living with HIV/AIDS who qualified their household to receive HOPWA housing subsidy assistance during the operating year. This total should include only the individual who qualified the household for HOPWA assistance, NOT all HIV positive individuals in the household. Individuals Served with Housing Subsidy Assistance Total Number of individuals with HIV/AIDS who qualified their household to receive HOPWA housing subsidy assistance. Chart b. Prior Living Situation In Chart b., report the prior living situations for all Eligible Individuals reported in Chart a. In Row 1, report the total number of individuals who continued to receive HOPWA housing subsidy assistance from the prior operating year into this operating year. In Rows 2 through 17, indicate the prior living arrangements for all new HOPWA housing subsidy assistance recipients during the operating year. Data Check. The total number of eligible individuals served in Row 18 equals the total number of individuals served through housing subsidy assistance reported in Chart a. above. Category Total HOPWA Eligible Individuals Receiving Housing Subsidy Assistance 1. Continuing to receive HOPWA support from the prior operating year New Individuals who received HOPWA Housing Subsidy Assistance support during Operating Year 2 Place not meant for human habitation such as a vehicle, abandoned building, bus/train/subway station/airport, or outside 3. Emergency shelter (including hotel, motel, or campground paid for with emergency shelter voucher) 4. Transitional housing for homeless persons 5. Total number of new Eligible Individuals who received HOPWA Housing Subsidy Assistance with a Prior Living Situation that meets HUD definition of homelessness Sum of Rows 2 — 4 6 Permanent housing for formerly homeless persons (such as Shelter Plus Care, SHP, or SRO Mod Rehab) 7. Psychiatric hospital or other psychiatric facility 8. Substance abuse treatment facility or detox center 9. Hospital (non -psychiatric facility) 10. Foster care home or foster care group home 11. Jail, prison or juvenile detention facility 12. Rented room, apartment, or house 13. House you own 14. Staying or living in someone else's (family and friends) room, apartment, or house 15. Hotel or motel paid for without emergency shelter voucher 16. Other 17. Don't Know or Refused 18. TOTAL Number of HOPWA Eligible Individuals (sum of Rows 1 and 5-17) Previous editions are obsolete Page 20 form HUD-40110-D (Expiration Date: 10/31/2017) c. Homeless Individual Summary In Chart c., indicate the number of eligible individuals reported in Chart b., Row 5 as homeless who also are homeless Veterans and/or meet the definition for Chronically Homeless (See Definition section of CAPER). The totals in Chart c. do not need to equal the total in Chart b., Row 5. Number of Number of Chronically Category Homeless Homeless Veteran(s) HOPWA eligible individuals served with HOPWA Housing Subsidy Assistance Section 2. Beneficiaries In Chart a., report the total number of HOPWA eligible individuals living with HIV/AIDS who received HOPWA housing subsidy assistance (as reported in Part 7A, Section 1, Chart a.), and all associated members of their household who benefitted from receiving HOPWA housing subsidy assistance (resided with HOPWA eligible individuals). Note: See definition of HOPWA Eligible Individual Note: See definition of Trans ender. Note: See definition of Beneficiaries. Data Check. The sum of each of the Charts b. & c. on the following two pages equals the total number of beneficiaries served with HOPWA housing subsidy assistance as determined in Chart a., Row 4 below. a. Total Number of Beneficiaries Served with HOPWA Housing Subsidv Assistance Individuals and Families Served with HOPWA Housing Subsidy Assistance Total Number 1. Number of individuals with HIV/AIDS who qualified the household to receive HOPWA housing subsidy assistance (equals the number of HOPWA Eligible Individuals reported in Part 7A, Section 1, Chart a. 2. Number of ALL other persons diagnosed as HIV positive who reside with the HOPWA eligible individuals identified in Row 1 and who benefitted from the HOPWA housing subsidy assistance 3. Number of ALL other persons NOT diagnosed as HIV positive who reside with the HOPWA eligible individual identified in Row 1 and who benefited from the HOPWA housing subsidy 4. TOTAL number of ALL beneficiaries served with Housing Subsidy Assistance (Sum of Rows 1,2, & 3) Previous editions are obsolete Page 21 form HUD-40110-D (Expiration Date: 10/31/2017) b. Age and Gender In Chart b., indicate the Age and Gender of all beneficiaries as reported in Chart a. directly above. Report the Age and Gender of all HOPWA Eligible Individuals (those reported in Chart a., Row 1) using Rows 1-5 below and the Age and Gender of all other beneficiaries (those reported in Chart a., Rows 2 and 3) using Rows 6-10 below. The number of individuals reported in Row 11, Column E. equals the total number of beneficiaries reported in Part 7, Section 2, Chart a., Row 4. HOPWA Eligible Individuals (Chart a, Row 1) A. B. C. D. E. Male Female Trans ender M to F Trans ender F to M TOTAL (Sum of Columns A-D) 1. Under 18 2. 18 to 30 years 3. 31 to 50 years 4. 51 years and Older 5. Subtotal (Sum of Rows 1-4 All Other Beneficiaries (Chart a, Rows 2 and 3) A. B. C. D. E. Male Female Trans ender M to F Trans ender F to M TOTAL (Sum of Columns A-D) 6. Under 18 7. 18 to 30 years 8. 31 to 50 years 9. 51 years and Older 10. Subtotal (Sum of Rows 6-9) Total Beneficiaries (Chart a, Row 4) 11. TOTAL (Sum of Rows 5 & 10) Previous editions are obsolete Page 22 form HUD-40110-D (Expiration Date: 10/31/2017) c. Race and Ethnicity* In Chart c., indicate the Race and Ethnicity of all beneficiaries receiving HOPWA Housing Subsidy Assistance as reported in Section 2, Chart a., Row 4. Report the race of all HOPWA eligible individuals in Column [A]. Report the ethnicity of all HOPWA eligible individuals in column [B]. Report the race of all other individuals who benefitted from the HOPWA housing subsidy assistance in column [C]. Report the ethnici of all other individuals who benefitted from the HOPWA housing subsidy assistance in column [D]. The summed total of columns [A] and [C] equals the total number of beneficiaries reported above in Section 2, Chart a., Row 4. HOPWA Eligible Individuals All Other Beneficiaries [A] Race [Cl Race Category [all individuals [B] Ethnicity [total of [D] Ethnicity reported in [Also identified as individuals [Also identified as Section 2, Chart Hispanic or reported in Hispanic or a., Row 1] Latino] Section 2, Chart Latino] a., Rows 2 & 31 1. American Indian/Alaskan Native 2. Asian 3. Black/African American 4. Native Hawaiian/Other Pacific Islander 5. White 6. American Indian/Alaskan Native & White 7. Asian & White 8. Black/African American & White 9 American Indian/Alaskan Native & Black/African American 10. Other Multi -Racial 11. Column Totals (Sum of Rows 1-10) Data Check: Sum of Row 11 Column,4 and Row 11 Column C equals the total number HOPWA Beneficiaries reported in Part 3A, Section 2, Chart a., Row 4. *Reference (data requested consistent with Form HUD-27061 Race and Ethnic Data Reporting Form) Section 3. Households Household Area Median Income Report the area median income(s) for all households served with HOPWA housing subsidy assistance. Data Check: The total number of households served with HOPWA housing subsidy assistance should equal Part 3C, Row 7, Column b and Part 7A, Section 1, Chart a. (Total HOPWA Eligible Individuals Served with HOP WA Housing Subsidy Assistance). Note: Refer to http://www.huduser.oMIgortalldatasets/il/il2010/select Geography mfi.odn for information on area median income in your community. Percentage of Area Median Income Households Served with HOPWA Housing Subsidy Assistance 1. 0-30% of area median income (extremely low) 2. 31-50% of area median income (very low) 3. 51-80% of area median income (low) 4. Total (Sum of Rows 1-3) Previous editions are obsolete Page 23 form HUD-40110-D (Expiration Date: 10/31/2017) Part 7: Summary Overview of Grant Activities B. Facility -Based Housing Assistance Complete one Part 7B for each facility developed or supported through HOPWA funds. Do not complete this Section for programs originally developed with HOPWA funds but no longer supported with HOPWA funds. If a facility was developed with HOPWA funds (subject to ten years of operation for acquisition, new construction and substantial rehabilitation costs of stewardship units, or three years for non -substantial rehabilitation costs), but HOPWA funds are no longer used to support the facility, the project sponsor or subrecipient should complete Part 6: Annual Certification of Continued Usage for HOPWA Facility -Based Stewardship Units (ONLY). Complete Charts 2a., Project Site Information, and 2b., Type of HOPWA Capital Development Project Units, for all Development Projects, including facilities that were past development projects, but continued to receive HOPWA operating dollars this reporting year. . Project Sponsor/Subrecipient Agency Name (Required) 2. Capital Development 2a. Project Site Information for HOPWA Capital Development of Projects (For Current or Past Capital Development Projects that receive HOPWA Operating Costs this reporting year) Note: If units are scattered -sites, report on them as a group and under type of Facility write "Scattered Sites. " HOPWA Name of Facility: Type of Funds Non-HOPWA funds Development Expended this operating this operating Expended (if applicable) year year (if applicable) ❑ New construction $ $ Type of Facility [Check only one box.] El Permanent housing ❑ Short-term Shelter or Transitional housing El Rehabilitation $ $ ❑ Supportive services only facility ❑ Acquisition $ $ ❑ Operating $ $ a. Purchase/lease of property: Date (mm/dd/yy): b. Rehabilitation/Construction Dates: Date started: Date Completed: C. Operation dates: Date residents began to occupy: ❑ Not yet occupied d. Date supportive services began: Date started: ❑ Not yet providing services e. Number of units in the facility: HOPWA-funded units = Total Units = ❑ Yes ❑ No f. Is a waiting list maintained for the facility? If yes, number of participants on the list at the end of operating year g. What is the address of the facility (if different from business address)? h. Is the address of the project site confidential? ❑ Yes, protect information; do not publish list ❑ No, can be made available to the public Previous editions are obsolete Page 24 form HUD-40110-D (Expiration Date: 10/31/2017) 2b. Number and Type of HOPWA Capital Development Project Units (For Current or Past Capital Development Projects that receive HOPWA Operating Costs this Reporting Year) For units entered above in 2a. please list the number of HOPWA units that fulfill the following criteria: Number Designated Number for the Chronically Designated to Number Energy- Number 504 Accessible Homeless Assist the Star Compliant Homeless Rental units constructed (new) and/or acquired with or without rehab Rental units rehabbed Homeownership units constructed (if approved) 3. Units Assisted in Types of Housing Facility/Units Leased by Project Sponsor or Subrecipient Charts 3a., 3b. and 4 are required for each facility. In Charts 3a. and 3b., indicate the type and number of housing units in the facility, including master leased units, project -based or other scattered site units leased by the organization, categorized by the number of bedrooms per unit. Note: The number units may not equal the total number of households served. Please complete separate charts for each housing facility assisted. Scattered site units may be grouped together. 3a. Check one only ❑ Permanent Supportive Housing Facility/Units ❑ Short-term Shelter or Transitional Supportive Housing Facility/Units 3b. Type of Facility Complete the following Chart for all facilities leased, master leased, project -based, or operated with HOPWA funds during the reporting year. Name of Project Sponsor/Agency Operating the Facility/Leased Units: Total Number of Units in use during the Operating Year Type of housing facility operated by the Cate orized by the Number of Bedrooms per Units SRO/Studio/0 project sponsor/subrecipient 1 bdrm 2 bdrm 3 bdrm 4 bdrm 5+bdrm bdrm a. Single room occupancy dwelling b. Community residence C. Project -based rental assistance units or leased units d. Other housing facility Specify: 4. Households and Housing Expenditures Enter the total number of households served and the amount of HOPWA funds expended by the project sponsor/subrecipient on subsidies for housing involving the use of facilities, master leased units, project based or other scattered site units leased by the organization. Housing Assistance Category: Facility Based Housing Output: Number of Households Output: Total HOPWA Funds Expended during Operating Year by Project S onsor/subreci Tent a Leasing Costs b Operating Costs C. Project -Based Rental Assistance (PBRA) or other leased units d Other Activity (if approved in grant agreement) Specify: e Adjustment to eliminate duplication (subtract) f• TOTAL Facility -Based Housing Assistance Sum Rows a. through d. minus Row e. Previous editions are obsolete Page 25 form HUD-40110-D (Expiration Date: 10/31/2017) EXHIBIT "I" MBE REPORTING FORM HOPWA-CV PSA CONTRACT 2020-- EXHIBIT "I" -- MBE REPORTING FORM Page I Tarrant County Samaritan Housing N i 0 O Pi y byp U i6 � N z"o iC C p a cam 0 O � a o � 0 g A o w o U U q a�oF� axux aAo �U m y aN� z R w cn o r � a �y c � M � ❑ n W 9 � w O U �z � o U S w 5 S v `o a o 3 U ro o yF. 9 T Q W a s �8tir O o O 8 x a l EXHIBIT " J" DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS HOPWA PSA CONTRACT 2020 -- EXHIBIT "J" — DUTIES OF THE PARTIES —USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 1 Tarrant County Samaritan Housing Tarrant County Samaritan Housing DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Agency's Responsibilities: Agency will perform the following in relation with the use of Community Center: • Agency will furnish the Center Coordinator with a schedule of Program activities at least four weeks prior to their occurrence. • Agency will, at its sole expense, furnish materials, supplies, copies and conduct a structured Program. • Agency will ensure that the designated Community Center space is maintained in a neat and orderly fashion. • Agency will ensure that the City's standards are maintained regarding security; cleanliness and communication between and among programs housed at the Community Center and will ensure cooperation with other Community Center staff and agencies/programs. • Agency will report to the Center Coordinator or designee for problems immediately if/when problems occur. • Agency will work with the Center Coordinator or designee to schedule any use of the Community Center for related activities outside of agencies designated meeting time and/or the Community Center's regular days and hours. • Agency will maintain sole responsibility and liability for its employees, volunteers and separate contractors for their actions. • Agency shall ensure that each of its employees, volunteers and participants desiring to participate in Community Center -sponsored programs/activities are aware of the requirement to have a current community center membership card to participate. • Agency agrees to perform background screenings and checks on staff and volunteers, with such screenings and checks meeting or exceeding the requirements that the City imposes for checks and screenings on staff, volunteers and participants in the City's own programs. • Agency will provide the Center Coordinator with designated staff contact information for the purposes of emergencies (center closing, schedule changes or scheduled maintenance) City's Responsibilities: HOPWA PSA CONTRACT 2020 -- EXHIBIT "J" — DUTIES OF THE PARTIES —USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 1 Tarrant County Samaritan Housing City will perform the following in relation with Agency's use of a Community Center: • City will provide space for conducting the Program, including basic utilities and will also supply the Agency with appropriate facility access. For purposes of this Contract, basic utilities shall not include telephone or computer service, which shall remain the sole responsibility of the Agency. • City will ensure that the reserved space is set up with appropriate tables and chairs to accommodate program and/or services. • City will not be responsible for any additional security other than what is currently available at the Community Center. • City assumes no liability or responsibility for the loss of any personal property or office contents of the Agency, its agents, employees, volunteers, participants or licensees while at the Community Center. • City will allow the Agency to conduct properly scheduled classes and other Program related activities during the days and hours specified in Exhibit "A" PROGRAM SUMMARY*. In addition, City may, but is not required, through the Center Coordinator, allow Agency to schedule other classes and Program related activities outside of the days and hours specified in Exhibit "A" PROGRAM SUMMARY. • City will maintain sole responsibility and liability for its employees, volunteers and separate contractors for their actions. • City will have the discretion to put the Agency in any available room. If placed in a different location, it is to be only one room. *The City is closed in observance of the following holidays: New Year's Day (January 1st) M.L.K. Jr. Day (Third Monday of January) Memorial Day (Last Monday in May) Independence Day (July 4ffi) Labor Day (First Monday in September) Thanksgiving Day (Fourth Thursday of November) Day after Thanksgiving (Fourth Friday in November) Christmas Day (December 25a') "City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they fall on Sunday. Additionally, the Community Centers are utilized as shelters during an emergency. If the Community Center will be closed due to an emergency, Center Coordinator or designee will inform Agency of the closure. HOPWA PSA CONTRACT 2020 -- EXHIBIT "J" — DUTIES OF THE PARTIES —USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 2 Tarrant County Samaritan Housing EXHIBIT "K" NOTICE OF BENEFICIARY RIGHTS HOPWA-CV PSA CONTRACT 2020 -- EXHIBIT "K" — NOTICE OF BENEFICIARY RIGHTS Page I Tarrant County Samaritan Housing Notice of Beneficiary Rights Name of Agency: Tarrant County Samaritan House Name of Program: HOPWA- TBRA Contact information for Program Staff (name, phone number, and e-mail address, if appropriate): Because this program is supported in whole or in part by direct Federal financial assistance from the Federal Government, we are required to let you know that: • We may not discriminate against you on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; • We may not require you to attend or participate in any explicitly religious activities that are offered by us and any participation by you in these activities must be purely voluntary; • We must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; • If you object to the religious character of our organization, we must make reasonable efforts to identify and refer you to an alternative provider to which you have no such objection; and • You may report an organization's violations of these protections, including any denial of services or benefits, by contacting or filing a written complaint to HUD [or the intermediary, if applicable]. We must give you this written notice before you enroll in our program or activity, as required by 24 CFR 5.109. HOPWA-CV PSA CONTRACT 2020 -- EXHIBIT "K" — NOTICE OF BENEFICIARY RIGHTS Page 2 Tarrant County Samaritan Housing NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development THE VIOLENCE AGAINST WOMEN ACT OMB Approval No. 2577-0286 Expires 06/30/2017 EXHIBIT "L" — Notice of Occupancy Rights Under VAWA [Insert Name of Housing Provider'] Notice of Occupancy Rights under the Violence Against Women A& To all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.3 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that [insert name of program or rental assistance] is in compliance with VAWA. This notice explains your rights under VAWA. A HUD -approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA." Protections for Applicants If you otherwise qualify for assistance under [insert name of program or rental assistance], you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants ' The notice uses HP for housing provider but the housing provider should insert its name where HP is used. HUD's program -specific regulations identify the individual or entity responsible for providing the notice of occupancy rights. z Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation. 3 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD -assisted and HUD -insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. Form HUD-5380 (12/2016) 2 If you are receiving assistance under [insert name of program or rental assistance], you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under [insert name of program or rental assistance] solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household HP may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, HP must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. Form HUD-5380 (12/2016) 3 In removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction procedures. In order to divide a lease, HP may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon your request, HP may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, HP may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. Form HUD-5380 (12/2016) El M You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you expressly request the transfer. HP will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. HP's emergency transfer plan provides further information on emergency transfers, and HP must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking HP can, but is not required to, ask you to provide documentation to "certify" that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from HP must be in writing, and HP must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request to provide the documentation. HP may, but does not have to, extend the deadline for the submission of documentation upon your request. Form HUD-5380 (12/2016) You can provide one of the following to HP as documentation. It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. • A complete HUD -approved certification form given to you by HP with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. • A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. • A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, "professional") from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. • Any other statement or evidence that HP has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, HP does not have to provide you with the protections contained in this notice. Form HUD-5380 (12/2016) 0 If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), HP has the right to request that you provide third -party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third -party documentation where there is conflicting evidence, HP does not have to provide you with the protections contained in this notice. Confidentiality HP must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. HP must not allow any individual administering assistance or other services on behalf of HP (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. HP must not enter your information into any shared database or disclose your information to any other entity or individual. HP, however, may disclose the information provided if: • You give written permission to HP to release the information on a time limited basis. • HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. • A law requires HP or your landlord to release the information. Form HUD-5380 (12/2016) VAWA does not limit HP's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, HP cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If HP can demonstrate the above, HP should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to Form HUD-5380 (12/2016) additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non -Compliance with The Requirements of This Notice You may report a covered housing provider's violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with [insert contact information for any intermediary, if applicable] or [insert HUD field office]. For Additional Information You may view a copy of HUD's final VAWA rule at [insert Federal Register link]. Additionally, HP must make a copy of HUD's VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact [insert name of program or rental assistance contact information able to answer questions on VAWA]. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact [Insert contact information for relevant local organizations]. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. For help regarding sexual assault, you may contact [Insert contact information for relevant organizations] Victims of stalking seeking help may contact [Insert contact information for relevant organizations] . Attachment: Certification form HUD-5382 [form approved for this program to be included] Form HUD-5380 (12/2016) EXHIBIT "M" — Emergency Transfer Request Form CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act ("VAWA") protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third -party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, "professional") from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of "domestic violence," "dating violence," "sexual assault," or "stalking" in HUD's regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to Form HUD-5382 (06/2017) 2 by you in writing in a time -limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 1. Date the written request is received by victim: 2. Name of victim: 3. Your name (if different from victim's): 4. Name(s) of other family member(s) listed on the lease: 5. Residence of victim: 6. Name of the accused perpetrator (if known and can be safely disclosed): 7. Relationship of the accused perpetrator to the victim: 8. Date(s) and times(s) of incident(s) (if known): 10. Location of incident(s): In your own words, briefly describe the incident(s): This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature Signed on (Date) Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. Form HUD-5382 (06/2017) CITY COUNCIL AGENDA FORTR REFERENCE 19NS CARES ACT DATE: 5/19/2020 NO.: M&C 20-0330 LOG NAME: HUDFUNDS SUBTSAMEND1 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Approve a Substantial Amendment to the City's 2019-2020 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $6,810,056.00 to be Awarded by the U.S. Department of Housing and Urban Development from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Programs; Authorize Amendment to Citizen Participation Plan to Reduce Public Comment Period for CARES Act Related Activities from Thirty Days to Five Days; Authorize Execution of Related Contracts; Adopt Attached Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that City Council: 1. Approve a Substantial Amendment to the City's 2019-2020 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development for the use of federal grant funds in the Amount of $6,810,056.00 to be awarded through the CARES Act Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS programs, including allocations of grant funds to particular programs and activities as detailed below; 2. Approve an amendment to the City's Citizen Participation Plan to reduce the public comment period for CARES Act related activities from thirty days to five days; 3. Authorize the City Manager or his designee to execute contracts for eighteen -month terms with the nonprofit agencies listed in Tables 1, 2 and 3 below for CARES Act Community Development Block Grant (CDBG-CV), Emergency Solutions Grant (ESG-CV), and Housing Opportunities for Persons with AIDS (HOPWA-CV) grant funds, contingent upon receipt of funding and satisfactory completion of all regulatory requirements; 4. Authorize the City Manager or his designee to extend contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend contracts if necessary to achieve program goals, provided any amendment is within the scope of the program and complies with City policies and all applicable laws and regulations governing the use of federal grant funds; and 5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Operating Federal Fund in the amount of $6,810,056.00 consisting of $4,360,291.00 in CARES Act Community Development Block Grant (CDBG-CV) funds, $2,202,959.00 in CARES Act Emergency Solutions Grant (ESG-CV) funds, and $246,806.00 in CARES Act Housing Opportunities for Persons with AIDS (HOPWA- CV) funds, all subject to receipt of such funds. DISCUSSION: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020 to respond to the many impacts of the COVID-19 public health emergency. The CARES Act includes provisions to help local governments prevent, prepare for and respond to the coronavirus, including providing for additional allocations of formula grant funds under the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Housing for Persons with AIDS (HOPWA) programs administrated by the U.S. Department of Housing and Urban Development (HUD). The City was notified on April 9, 2020 of awards of $4,360,291.00 in CDBG-CV funds, $2,202,959.00 in ESG-CV funds, and $246,806.00 in HOPWA-CV funds. All of these funds must be used to prevent, prepare for, and respond to the coronavirus. In order to allow local governments to act quickly to use the funds, the CARES Act also provides for certain waivers of federal statutes and regulations governing these programs, including a waiver of the customary 30-day public comment period for Substantial Amendments to the Consolidated Plan and Action Plan and a waiver of the standard 15\% limitation on public services activities for the CDBG program. The CARES Act also instructed HUD to make additional awards of further CDBG-CV and ESG- CV funds to state and local governments based on factors such as economic and housing market disruption resulting from coronavirus, risk of transmission of the illness, number of coronavirus cases, and rates of homelessness. It is anticipated that the second allocation of ESG-CV funds for local governments will be announced by June 30, 2020, and the second allocation of CDBG-CV funds will be announced later this year. To receive the initial award of CARES Act funds from HUD, the City must revise its Citizen Participation Plan to allow for a five-day public comment period for CARES Act related activities, and must prepare and submit a Substantial Amendment to its 2019-20 Action Plan which tells how the CDBG-CV, ESG- CV, and HOPWA-CV funds will be used. The proposed Citizen Participation Plan Amendment is attached to this M&C. On April 29, 2020, the Community Development Council (CDC) as the City's advisory body for the use of CDBG, ESG and HOPWA funds, approved a recommendation that the City's Citizen Participation Plan be revised to authorize a five-day public comment period for Substantial Amendments related to the Coronavirus response. The CDC also approved a Substantial Amendment Action Plan for CARES Act grant funds based on the following principles: Addressing needs which HUD grant funds are uniquely qualified to meet and that other funding sources cannot serve (housing). Addressing the most urgent needs (food, shelter) and the needs of populations most sensitive to COVID-19 (elderly). Reliance on existing allocation processes and existing nonprofit partners to increase the speed and simplicity of service delivery and to reduce administrative challenges and compliance concerns. Consistency with local priority needs and goals previously established in the City's 2018-2022 Consolidated Plan. Using these principles, three key activities were approved by the CDC for CARES Act funds: emergency rental assistance, services for the elderly, and employment -related services. Emergency rental assistance activities address both the Consolidated Plan goals for affordable housing and homeless services and may include homelessness prevention and rapid rehousing for persons already homeless. Services for the elderly address the Consolidated Plan goals for aging in place. Employment -related services address the Consolidated Plan goal for poverty reduction. The CDC also approved a two-tier process for allocation of these CARES Act funds. Tier One funds totaling $2,546,754.00 are recommended to be awarded directly to agencies for the activities listed in the Tables below so that services can begin as quickly as possible. Tier Two funds totaling $2,924,143.00 ($457,664.00 in ESG-CV and $2,466,479.00 in CDBG-CV) will be awarded for the three above -listed priority activities through a competitive Request for Proposal process that identifies additional service -delivery partners by the end of May, for CDC review and approval in early June, and subsequent City Council approval. A 5-day public comment period was held from May 4, 2020 to May 10, 2020. Notice of this public comment period was published in the Fort Worth Star -Telegram, posted on the City's website, and distributed through the City News and other ongoing communications activities of the City Community Engagement Office. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. A summary of funding recommendations approved by the CDC is provided below. A spreadsheet of funding recommendations is also attached. This Substantial Amendment Action Plan for use of CARES Act funds under the CDBG-CV, ESG-CV, and HOPWA-CV programs will be submitted to HUD following City Council approval. Indirect costs are not being charged to these grants, as the Neighborhood Services Department Indirect Cost rate was zero in the City's most recent Cost Allocation Plan. CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV) It is recommended that $4,360,291.00 of CDBG-CV funds be allocated as follows: Emergency Rental Assistance Programs: $1,866,479.00 These funds will be awarded on a competitive basis to agencies that administer emergency rental assistance consistent with a program model that provides up to three months of rental assistance for households with incomes at or below 80\% of Area Median Income (AMI) who are late on their rent or unable to pay next month's rent. Eligible clients will pay 30\% of current income toward their rent, will provide proof of income for all household members, will provide proof of reduction and/or loss of income due to the COVID-19 crisis; will provide a copy of their current lease; and will obtain verification of landlord's acceptance of terms and conditions of City rental assistance. Services for the Elderly: $300,000.00 These funds will be awarded on a competitive basis to agencies that provide services to elderly persons to reduce their risk of COVID-19, such as in -home meals or other services, transportation, health and wellness -related services, and the like. Employment -related Services: $300,000.00 These funds will be awarded on a competitive basis to agencies that provide services addressing COVID-related unemployment, such as job placement, training, coaching, and/or direct assistance to support employment or remove barriers to employment, such as child care, certifications, work clothing or tools, and related items. General Administration: $872,058.00 Costs of planning for, administering, reporting on, and monitoring all activities paid for with CDBG- CV funds. Direct Awards to Public Services Agencies ($1,021,754.00): Contracts are recommended for the following agencies and programs in the following amounts: TABLE 1: CDBG-CV AGENCIES AGENCY PROGRAM AMOUNT Housing Channel Emergency Rental Assistance $350,000.00 Center for Transforming Lives Emergency Rental Assistance $350,000.00 Meals on Wheels Home Delivery of Meals/Food $200,000.00 Center for Transforming Lives Micro -Enterprise Support $121,754.00 TOTAL CDBG-CV CONTRACTS $1,021,754.00 CARES ACT EMERGENCY SOLUTIONS GRANT (ESG-CV) It is recommended that $2,202,959.00 of ESG-CV funds be allocated as follows: Rapid Rehousing Programs: $457,664.00 These funds will be awarded on a competitive basis to agencies that provide rapid rehousing assistance and accompanying support services to homeless persons living in shelters or on the streets. Administration: $220,295.00 Costs of planning for, administering, reporting on, and monitoring all activities paid for with ESG- CV funds. Direct Awards to Public Service Agencies: $1,525,000.00 Contracts are recommended for the following agencies and programs in the following amounts: TABLE 2: ESG-CV AGENCIES AGENCY PROGRAM AMOUNT Presbyterian Night Shelter of Tarrant Shelter Operations/Services $230,000.00 County True Worth Place Day Shelter Operations/Services $120,000.00 The Salvation Army, a Georgia Homelessness Prevention $75,000.00 Corporation SafeHaven of Tarrant County Rapid Re -Housing $100,000.00 Day Resource Center Rapid Re -Housing $375,000.00 Presbyterian Night Shelter of Tarrant Rapid Re -Housing $300,000.00 The Salvation Army, a Georgia Corporation Rapid Re -Housing $325,000.00 TOTAL ESG-CV CONTRACTS $1,525,000.00 CARES ACT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA-CV) It is recommended that $246,806.00 of HOPWA-CV funds be allocated as follows: City's Neighborhood Services Department Community Action Partners (CAP) Program, Tenant Based Rental Assistance (TBRA) $77,332.00 Grant Administration: $14,808.00 Costs of planning for, administering, reporting on, and monitoring all activities paid for with HOPWA-CV funds. Direct Awards to Public Service Agencies: $154,666.00 Contracts are recommended for the followinq aqencies and progams in the followinq amounts: TABLE 3: HOPWA-CV AGENCIES AGENCY PROGRAM AMOUNT Tarrant County Samaritan Supportive Services, Facility -Based $77,333.00 Housing, Inc. Housing Operations, Administration Short Term Rent Mortgage and Utility AIDS Outreach Center Assistance, Supportive Services, $77,333.00 Administration TOTAL HOPWA-CV $154,666.00 CONTRACTS All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department will be responsible for the collection and deposit of funds due to the City. Prior expenditures being incurred the Neighborhood Services Department has the responsibility to validate the availability of funds prior to an expenditure being made. These are reimbursement grants. TO Fund Department Account Prop ct program Activity BYear udget (C Referee renc # Amount ID FROM Fund Department Account Project program Activity BYear udget (Ch Reference # Amount ID ID Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Victor Turner (8187) Barbara Asbury (7331) ATTACHMENTS 19NS CARES ACT HUDFUNDS SUBTSAMEND1 RECS.docx CARES Act Citizen Participation Plan Amendmt 5day final.docx CARES Act Probosed Budaet Allocations.xlsx