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Contract 56543
CSC No.56543 SUBGRANT AGREEMENT BETVYEEN THE CITY OF FORT WORTH AND THE HOUSING AUTHORITY OF THE CITY OF FORT WORTH,TEXAS, DBA FORT WORTH HOUSING SOLUTIONS, FOR RENTAL ASSISTANCE AND ADMINISTRATION This SUBGRANT AGREEMENT for rental assistance and administration ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipality ("City"), and MOUSING AUTHORITY OF THE CITY OF FORT WORTH, TEXAS, doing business as FORT WORTH HOUSING SOLUTIONS, a Texas Housing Authority ("Agency"). City and Agency are each referred to individually as a "Party" and sometimes collectively referred to as the"Parties." RECITALS: WHEREAS,The City has adopted Directions Home:Maldng Homelessness Rare, ,Short- Term. and Nonrecurring in Fort Worth within*Ten Years as its homelessness plan (the "Plan" or"Directions Home"). The Plan sets out key strategies that focus on the goal of ending homelessness and guides the expenditure of City funds on homeless issues (City Council Resolution No. 3203-05-2005); WHEREAS, the City of Fort Worth received an award of$51,804.00 fl•om the State of Texas through its Ending Homelessness Fund because of the City's participation in the Homeless Housing and Services Program (HHSP); WHEREAS,the provision of rental assistance to permanent supportive housing clients is an eligible activity and in line with the Directions Home plan; WHEREAS, the Agency is currently providing rental assistance and administration through HHSP for at least 50 permanent supportive housing clients per year and this will allow at least four additional clients to be added; WHEREAS, Agency has a 20-year history of administering rental programs for people exiting homelessness; and WHEREAS,the Parties believe that the services will farther the goals of Directions Home and desire to enter into this Agreement in order to set out the terms, goals, and responsibilities of each Party. NOW,THEREFORE, the Parties for the mutual consideration included herein agree to enter into the following Agreement. AGREEMENT DOCUMENTS: OFFICIAL RECORD The Agreement documents shall include the following: CITY SECRETARY FT.WORTH, TX CITY OF FORT WORTH AGREE ME, V OR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Page X of 48 1. This Agreement for Rental Assistance and Administration; 2. Exhibit"A"—Scope of Services; 3. Exhibit"B" Budget; 4. Exhibit"C"—Reimbursement Request Form 5. Exhibit"D"--Reporting Forms 6. Exhibit"E"--Request for Budget Modification Form 7. Exhibit"F"—Required Grant Provisions S. Exhibit "G" — Executed Contract between Texas Department of Housing and Community Affairs and City 9. Exhibit"H"—Certifications Exhibits "A", "B", "C", "D", "E", "F", "G", and "H"which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the temps and conditions of Exhibits "A" "B" "C" "D" "E" "F" "G" or"H" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. 1.1 Agency shall provide City with rental assistance and administration in order to reduce the City's population of homeless persons ("Services"), which are more particularly described in Exhibit"A"—Scope of Service, 1.2 .Program Performance. 1.2.1 Agency agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 1.2.2 Agency agrees to provide a monthly report in the fonn attached as Exhibit"D" to document the perfon-nance of the work described in Exhibit"A". 1.2.3 Agency agreed to provide a quarterly report in the form attached as Exhibit I'D" to document the performance of the work described in Exhibit"A". 1,2.4 Agency agrees that the Reimbursement Request Form and monthly report will be submitted to City no later than the 15th day after the end of each month. Agency agrees that at the end of each quarter (list out the months), Agency shall also provide a quarterly report with the aggregate information requested therein along with its monthly report and reimbursement request. Should Agency not be able to meet these requirements in a given month, the Agency shall provide written notification prior to the deadline that details the expected date of submission. If no notification is received before the 15th day, the City may document for fixture corrective action. If, by the last day of the same month, Agency has not submitted the required reports, City will send a non-compliance letter notifying Agency's duly authorized representative of a possible suspension of program funding. CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS--FORT NORTH ROUSING SOLUTIONS Page 2 of48 1.2.5 Agency agrees to complete a Corrective Action Plan (CAP) in the event of three (3) consecutive months or six (6) non-consecutive months with incomplete or incorrect submissions of a Reimbursement Request Form or report. Agency also agrees to complete a Corrective Action Plan for recurring late submissions of a Reimbursement Request Form or report. 1.2.6. Agency agrees to comply with all requirements for performance, eligibility, and reporting as described in Exhibit F—Grant Requirements. 2. TERM, This Agreement shall begin on August 1, 2021 ("Effective Date") and shall expire on July 31,2022 ("Expiration Date"),unless terminated earlier in accordance with this Agreement. City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions,except for the compensation amount which shall be provided at the time of the renewal, for 3 additional 1-year terms.Execution of this Agreement after the Effective Date shall not impact the enforceability of this Agreement. 3. COMPENSATION, 3.1 City shall pay Agency in accordance with the provisions of this Agreement and Exhibit `B" — Budget. Total payment made by City under this Agreement shall not exceed $51,804.00. ("Program Funds"), and shall be paid to Agency on a reimbursement basis. Agency shall not perform any additional services for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses incurred by Agency not specified by this Agreement unless City first approves such expenses in writing. if City determines in its sole discretion that this Agreement should be renewed as provided under Section 2 of this Agreement, the City shall provide an updated Exhibit "B", which shalt include the not to exceed amount to be, paid to Agency on a reimbursement basis during the renewal term. 3.2 Payment of the Program Funds from City to Agency shall be made on a cost- reimbursement basis following receipt by City from Agency of a signed Reimbursement Request Form("RRF") as described in Exhibit"C" along with copies of all receipts and other supporting documentation.The RRF and reports shalt be submitted to City no later than the 15th day following the end of the month. Submittal of a monthly RRF and reports is required even if services are not provided. 3.3 The monthly RRF should be sequentially numbered and include expense documentation that is detailed, clear and concise. All invoices should be sent electronically to our centralized Accounts Payable Department invoice email address; supplierinvoices@fortworthtexas.gov CITY OF FORT`NORTH. .AAGREEMENT FOR ENDING HOMELI SS FUNDS—FORT WORTH HOUSING SOLUTIONS Page 3 of 48 Programmatic submissions should now be submitted as part of the invoice, as they are due on the same date. Agency's emails shalt include the following in the subject line; Vendor name, Invoice number, and PO Number (ex; Example, Inc._123456 FW002-00000001234) Agency's subject line(s) shall read as follows; HOUSING AUTHORITY OF THE CITY OF FORT WORTH,TEXAS, FWHS EHF #### FW002 00000001M Additionally,the following requirements apply to ensure the system can successfully process invoices in an expedient manner; All invoices must be either a PDF or TIFF format. a Image quality must be at least 300 DPI(dots per inch). Invoices must be sent as an attachment(i.e. no invoice in the body of the email). One invoice per attachment (includes PDFs). Each invoice must be a separate attachment. No handwritten invoices or invoices that contain handwritten notes. Dot matrix invoice format is not accepted. The invoice must contain the following information, Supplier Name and Address; Remit to Supplier Name and Address, if different; Applicable City Department business unit#(i.e. FW002) Complete City of Fort Worth PO dumber (i.e. the PO number must contain all preceding zeros); Invoice number; Invoice date; and Invoices to be submitted after delivery of the goods or services. Reimbursements will not be made until after receipt of an acceptable and approved RRF and monthly report as required. Reimbursements shall be made within 30 days of receipt of said documents. Incomplete or incorrect submissions will be returned to the Agency for resubmission, restarting the 30-day reimbursement schedule. 3.4 Any modifications in the original approved budget must have prior written permission from City before,the modifications are made.The Budget Modification Form(Exhibit IT11) must be submitted,and request must be approved by City,before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the First day of the following month. The new modified budget shall not exceed the total amount of Program Funds. Agency shall be solely responsible for any inoney spent in excess of the not to exceed amount included in this Agreement for the then-current term. CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Page 4 of 48 3,5 Agency will document cost allocations for all budgeted expenses throughout the entirety of the Agreement and will be responsible for having a policy and procedure in place for this documentation. Specifically, Agency will document how all shared costs, personnel time, or equipment that was fully or partially paid for using City funds, were used in furtherance of the program activities described in this Agreement. Documentation of these cost allocations, as well as a copy of the Agency's policy and procedures for the documentation of the cost allocations shall be made available to the City upon request. 3.6 The City reserves the right to reject any budget modification that the City believes, in its sole discretion, is not clearly aligned with the program activities and any requests for reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit I'D" of this Agreement or an approved budget modification form. 3.7 Budget adjustments shall be submitted via either email to Tara,Perez@fortworthtexas.gov or to the Tara Perez,Directions home Manager, City Manager's Office, 200 Texas Street,Fort Worth TX 76102. 4. TERMINATION. 4.1. Written Notice. City or Agency may terminate this Agreement at any time and for any reason by providing the other Party with 60 days' written notice of termination. 4.2 Duties and Obli)ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Agency for services actually rendered up to the effective date of termination and Agency shall continue to provide City with services requested by City and in accordance with this Agreement tip to the effective date of termination. Upon termination of this Agreement for any reason, Agency shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Agency has received access to City data as a requirement to perform services hereunder, Agency shall return all City-provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Agency hereby represents and warrants to City that Agency has ade full disclosure in writing of any existing or potential conflicts of interest related m to Agency's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Agency hereby agrees to mare frill disclosure of such conflict of interest to City immediately in writing. 5.2 Confidential Information. Agency,for itself and its officers,agents and employees, agrees that it shall treat all information provided to it (i) by City ("City Information") as confidential and shall not disclose any such information to a third party without City's prior written approval,and(ii)shall abide by all of the standards of confidentiality of client information("Client CITY OF FORT WOnTH AGRFBMENT FOR ENDING HOMELESS FUNDS—FORT NORTH HOUSING SOLUTIONS Page 5 of 48 Information") in its performance of its duties and obligations under this Agreement including but not limited to those standards, rules and regulations regarding confidentiality required by HMIS and TCHC. Notwithstanding the above,the parties agree that Agency is subject to and will comply with all requirements of the Texas Public Information Act, and disclosures made in compliance with such Act involving City Information and Client information will not be deemed a breach of this paragraph. "Client Information" is defined for the purposes of this Agreement as personal, demographic, or treatment data about the individuals being served by the program. 53 Unauthorized Access. Agency shall store and maintain City Information and Client Information in a secure manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City Information or Client Information in any way, Agency shall notify City immediately if the security or integrity of any City Information or Client Information has been compromised or is believed to have been compromised, in which event, Agency shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information or Client Information Rom further unauthorized disclosure. 6. RIGHT TO AUDIT. Agency agrees that City shall,until the expiration of 3 years after final payment under this Agreement, or the final conclusion of any audit commenced during the said 3 years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including,but not limited to, all electronic records, of Agency involving transactions relating to this Agreement at no additional cost to City.Agency agrees that City shall have access during normal working hours to all necessary Agency facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section, City shall give Agency reasonable advance notice of intended audits. This provision shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR. it is expressly understood and agreed that Agency shall operate as an independent contractor as to all rights and privileges and work perforrned under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Agency shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and sub vendors. Agency acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Agency. It is further understood that City shall in no way be considered a Co- employer or a Point employer of Agency or any officers, agents,servants,employees or sub vendor of Agency. Neither Agency,nor any officers,agents,servants,employees or sub vendor of Agency CITY OF FORT WORTH AGREEMENT FOR ENDING 1[f0M 'LESS FUNDS--FORT WORTH HOUSING SOLUTIONS Page 6 or AB shall be entitled to any employment benefits from City, Agency shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or sub vendors. 8. LIABILITY AND INDEMNIFICATION. &I LIABILITY—TO THE EXTENT PERMITTED BYLAW,A GENCY SUALL BE LIABLE AND RESPONSIBLE .FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OFANY'KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT A CT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF AGENCY, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION—TO THE,E,EXTENT PERMITTED BYLAW, AGENCY HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SE,RVANISAND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY AT" OR CHARACTER, WIIETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO AGENCY'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF AGENCY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES: This section slialt survive the expiration or termination of this Agreement, 9. ASSIGNMENT AND SUBCONTRACTING. 9A Assignment. Agency shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City, If City grants consent to an assignment, the assignee shall execute a written agreement with City and Agency under which the assignee agrees to be bound by the duties and obligations of Agency under this Agreement. Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written agreement with Agency referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Agency under this Agreement as such duties and obligations may apply, Agency shall provide City with a fully executed copy of any such subcontract. CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Page 7 of 48 10, INSURANCE. Agency shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10,1 Coverage and Limits (a) Conunercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $300,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Agency, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed (d) Employers' Liability: $100,000 Bodily Injury by accident; each accident/occurrence $100,000 Bodily Injury by disease; each employee $500,000 Bodily Injury by disease; policy limit 10.2 General Rq uirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon,as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)in favor of City, (e) A minimum of 30 days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to City as provided in the Notice section of this Agreement. CITY OF FORT WORTH AGRFEIY ENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Page 8 of 48 (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas, All insurers roust have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required, (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Agency has obtained all required insurance shall be delivered to the City prior to Agency proceeding with any work pursuant to this Agreement. 11, COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS. Agency agrees that in the performance of its obligations hereunder,it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations, the requirements in Exhibit F pertaining to performance, reporting, and compliance, and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations, If City notifies Agency of any violation of such laws, ordinances, rules or regulations, Agency shall immediately desist from and correct the violation. 12, NON-DISCRIMINATION COVENANT. Agency, for itself, its personal representatives, assigns, sub-vendors and successors in interest, as part of the consideration herein, agrees that in the performance of Agency's duties and obligations hereunder, it shall not discriminate in the treatment, assistance provided under this Agreement, or employment of any individual or group of individuals on any basis prohibited by law, IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY AGENCY, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB-VENDORS OR SUCCESSORS IN INTEREST, AGENCY AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEI+END CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM,TO THE EXTENT PERMITTED BY LAW. This seetion shall survive the expiration. or termination of this Agreement, 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other Party by United States Mail,registered,return receipt requested, addressed as follows; CITY OF FORT WORTH AGREEMENT FOR BNDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Page 9 of Q s To City: To Agexicy: City of Fort Worth Fort Worth Housing Solutions City Manager's Office Attn:_Mazy-Margaret Lemons,President Attn: Tara Perez,Directions Hone Manager 1201 E. 13'4 Street 200 Texas Sheet Fort Worth TX 76102 Fort Worth,TX 76102-6314 Facsimile: (817) 333-3628 Phone: (817) 392- 2235 With copy to City Attorney's Office at same address. 14. SOLICITATION Or EMPLOYEES, Neither City nor Agency shall, during the term of this Agreement and additionally for a period of 1 year after its termination,solicit for employment,whether as employee or independent contractor, any person who is employed by the other during the term of this Agreement, without the prior written consent of the person's employer, Notwithstanding the foregoing, this provision shall not apply to an employee of either Party who responds to a general solicitation of advertisement of employment by either Party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, neither the City nor the Agency waives or surrenders any of their governmental powers or immunities. Notwithstanding tine forgoing,FWHS agrees that if FWHS is a charitable or nonprofit organization and has or claims an immunity or exemption(statutory or otherwise)from and against liability for damages or injury, including death, to persons or property, FWHS hereby expressly waives its rights to plead defensively such irranunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law plead against any other entity other than the City. 16. NO WAIVER. The failure of City or Agency to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Agency's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VEN[JE. CITY OF Ii ORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONSage 10 of 48 This Agreement shall be construed in accordance with the laws of the State of Texas. if any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18, SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. I<ORCF MAJEURE City and Agency shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any governmentat authority, transportation problems,restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event"), The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 13 above. 20. HEADINGS NOT CONTROLLING. Headings and titles-used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits"A", 44135)1 "C�J1 «D») "Ej 53' "F") "G", and"H". 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. CITY OF FORT WORTH AGREEMENT FOR ENDING ROME,LESS FUNDS--FORT WORTH DOUSING SOLUTIONS age 11 of 48 No amendment,modification,or extension of this Agreement shalt be binding upon a Party hereto unless set forth in a written instrument, which is executed by an authorized representative of each Party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits "A", "B", "C", "D", "E", "r", "G" and "H", contains the entire understanding and agreement between City and Agency, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement, 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes,be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Agency warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within 30 days from the date that the services are completed. In such event, at Agency's option,Agency shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms to the warranty, or (b) refund the fees paid by City to Agency for the nonconforming services, 26. IMMIGRATION NATIONALITY ACT. Agency shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility,Verification Forth (I-9). Upon request by City,Agency shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agency shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services, AGENCY SHALL, TO THE EXTENT ALLOWED BY LAW, INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY AGENCY, AGENCY'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Agency, shall have the right to immediately ternlinate this Agreement for violations of this provision by Agency. 27, OWNERSHIP OF WORK PRODUCT. CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Page 12 of 48 City shall be the sole and exclusive owner of all reports, work papers,procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright,patent, trademark, trade secret and other proprietary tights in and to the Work Product, Ownership of the Work Product shall inure to the benefit of City from the date of inception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for- hire" within the meaning of the Copyright Act of 1976, as amended, Agency hereby expressly assigns to city all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright,patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free fi-om any claim, lien for balance due, or rights of retention thereto on the part of City. 28. CHANGE IN COMPANY NAME OR OWNERSHIP Agency shall notify City's Assistant City Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The chief executive officer of Agency or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the Board ofCommissioner's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. 29. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective Party, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Agency, Each Party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ' 30. CONFIDENTIAL INFORMATION. Agency acknowledges that both the Agency and the City are govermnental entities and subject to the Texas Public Information Act ("Act"). By executing this agreement, Agency acknowledges that this agreement will be publicly available on the City's websitc, and Agency is therefore waiving any claim of confidentiality,whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. GITIT OF I{`ORT WORTII AGREEMENT FOR ENDING HOMELESS FUNDS—FORT'WORTH ZIOUSING SOLUTIONS Page 13 of 48 [SIGNATURE PAGE TO FOLLOW] CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WO:WrH HOUSING SOLUTIONS age 14 of 48 IN WITNESS WHFR RE OF, the Parties hereto have executed this Agreement in multiple originals on the date written below their respective signatures to be effective on the Effective Date. CITY OF FORT'WORTH: r ACCEPTED AND AGREED: CITY OF 1;<ORT WORTH, CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person eL responsible for the mo►utoring and administration of B�FernandoCosta(Oct21,202116:31CDT) this contraet, including ensuring all performance and JJ Name: Fernando Costa reporting requirements. Title: Assistant City Manager AK Jos/la Date: Oct 21, 2021 Tara Perez(Oct 19,202108:37 CDT) Name: Tara Perez APPROVAL RECOMMENDED: Title; Directions IIoineManager Tm APPROVED AS TO FORM AND LEGALITY: ,-Jara Perez(Oct 19,2 21 08:37 CDT) }(: Name: Tara Perez Title: Directions Home Manager $�o Pate(Oc 2 0211s:SCDT) Name: JoAnn fate ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&Ct B 1295: Name: Ronald Gonzales Title: Acting City Secretary Date: Oct 21,2021 I"��R���a 'C O 000000 ��� 0 PA, !0*0�%'?oo �o0o0 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS FORT WORTH HOUSING SOLUTIONS Page 15 of 48 i HOUSING AUTHOMTY OF THE MY OF FORT WORTH,TE KAS: r � � ATTEST: By Mari argar Len n President By: �} J Name: Date: October 18 2021 Title: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CXI'Y OE FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FOWr WORTII HOUSING SOLUTIONS Pago 16 of 48 EXHIBIT "A" SCOPE OF SERVICES RENTAL ASSISTANCE AND ADMINISTRATION HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH HOUSING SOLUTIONS willl do the Mowing: Agency shall comply with all requirements in the attached TDHCA contract, except for those that require the City of Fort Worth to submit information to TDHCA, -- including eligible expenses, programmatic and financial reporting, and compliance---as set forth in Exhibits F and G. Agency shall pay rental assistance to landlords of permanent supportive housing clients on a continuous basis, Although the clients may change, Agency shall provide rental assistance to at least 4 during the term of this Agreement, Eligible clients are those who are chronically homeless in the City of Fort Worth and referred by Tarrant County Homeless Coalition from the Coordinated Entry list for permanent supportive housing. Agency shall pay application fees, apartment administrative fees, security deposits,high risk fees and opportunity fees as funds are available and in consultation with Directions Home staff. High risk fees are extra charges for tenants without a rental history,with an eviction history,with a criminal justice history and/or without income. Agency will: ® Follow all provisions of the Standard Operating Procedures ® Submit complete client packets for all new clients o Process applications for assistance within seven (7) days of receiving completed applications, ® Conduct housing briefings within seven(7) days, o Facilitate initial and subsequent apartment inspections, a Oversee the resolution of inspection deficiencies, a Notify client's case manager within three (3) days if a client fails inspection, Supportive Services Agreeiuent--Exhibits Page 17 of 48 • Maintain documents and records, work with Agencies and the City to further the goals of the Directions Home program and the Housing First philosophy. • Recertify clients annually specifically making sure clients meet the income eligibility requirements and lack sufficient resources and support networks necessary to retain housing without assistance. 10 TAC 7.28(e) a Enter client records in Homeless Management hiformation System (HMIS) within three (3) days of service provision ® Submit on time monthly list of newly housed clients with the date application was received, date application completed, date given voucher, date of inspection and date moved in. a provide names of all clients Evaluation: Evaluation meetings will be held with Directions Home staff to continually evaluate program and Agency shall comply as necessary and in good faith, Financial reporting: Reimbursement Request and any necessary supporting documentation and reports wilt be submitted by the 151h of every month in format of Exhibit"C". Programmatic reporting: Monthly reports will be submitted by the 15t1 of every month in format of Exhibit"D". Quarterly reports will be submitted by the 1511 of November, February, May and August in the format of Exhibit "D" Supportive Services Agreement—Exhibits Page 18 of48 EXHIBIT"B» BUDGET Agency will submit invoice fox reimbursement by the 151" of the month followui r the month' services were provided. This report shall itemize each monthly expense requested for reimbursement by the Agency and shall be included in Budget submitted. In order for this report to be complete the following must be submitted; For payroll expenses,timosheets signed and dated by both the employee and supervisor with the program f nd code of time being billed to City/Directions Home. Electronic time sheets are acceptable but must show date timestamp of employee submission and supervisor approval. Paystub must include pay period,date paid,amount and expenses (salary, FICA, benefits etc). If pay stubs are unavailable, payroll registries with applicable expenses highlighted and labeled will suffice, Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request with the exception of the first Reimbursement Request which may include items from the Effective Date of the Agreement to the end of the reporting month or with written permission fi•om Directions Home staff so long as such changes are otherwise in accordance with the Agreement. For non-payroll expenses, invoices for each expense listed. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request with the exception of the first Reimbursement Request which may include items from the Effective Date of the Agreement to the end of the reporting month or with written permission from Directions Home staff so long as such changes are otherwise in accordance with the Agreement Proof that each expense was paid by the Agency, which proof can be satisfied by cancelled checks.If a cancelled check is not possible,a bank statement with the expense highlighted and labeled will suffice. If allocations percentages are used, all documentation must be submitted with the first month's invoice and if changes are made,new allocation documentation submitted with invoice. For the audit, bank statements showing payments, Form 941s and allocation documentation will be reviewed. Supportive Services Agreement Exhibits Page 19 of 48 I PROGRAM COSTS Total -� $51,804.00 'A.,ADMINISTRATION- SALARIES (By title) i Directions Horne Coordinator SALARIES TOTAL: $2,410.00 ADMINISTRATION- FRINGE BENEFITS an include; Employer-paid Social Security, Medicare,Health Insurance,Dental Insurance,Vision Insurance, Life Insurance, Disability Insurance, Unemployment Insurance, Workers Compensation and Retirement expenses) FRING ..E BE TOTAL: $85 - ADMINISTRATION—OTHER APPROVE D Office Supplies OTHER APPROVED TOTAL: $361.00 ADMINISTRATION TOTAL: $3,626.00 B. CLIENT COSTS _ Client Expenses' _ _ _ $ 7,953.00 Background Checks $25,00 'Inspection Fees �� $200,00 CLIENT COSTS TOTAL: _ _ .$48,t78.00 TOTAL PROGRAM COST: $513804.00 E *Client Expenses are defined as rental assistance,application fees,apartment administrative fees, security deposits, high risk fees and opportunity fees. High risk fees and opportunity fees are sometimes charged to clients without a rental history, clients with evictions, clients with criminal backgroiind histories and/or clients without incoine. Supportive Services Agreement—Exhibits Rage 20 of 48 EXHLBIT "C" REIMBURSEMENT REQUEST FORM E,xpenses Name of employee or Amount Date V Checic client Invoiced No, Expense:Personnel Salary Salary Salary Total: FICA(Medicare/Social Security) FICA(Medicare/Social Security) FICA(Medicare/Social Security) Health Insurance _ Health Insurance Health Insurance — Dental Insurance Dental Insurance Dent d Insurance Life Insurance Life Insurance Life Insurance Disability Insurance Disability Insurance -- Disability Insurance - Retu'ement Itetirernent Unemployment Insurance Unemployment Insurance Unemployment Insurance -- Workers Compensation _ Workers Compensation _ Workers Compensation Total of all Benefits: Mileage -- Mileage Mileage Total, Cell phone Cell phone -- Cell phone_-m—_^____ Supportive Services Agreement--Exhibits page 21 of 48 Cell Phone Total: Type of Client I�xlrense/Vendar _ Client Expense Total: - OperationsNendor: Operations Total,__ --_ - — Other Other Total: Total Invoiced Amount — - Attestation Contractor: — Program: _- — Name of Person subn-ittingR report: _ Date Range Covered by this report: i have reviewed this report and certify that it is a complete, accurate, and up-to-date reflection of the services rendered under the terms of our .Agreement with the City of Fort _Worth. Signature: Total. - - Total Previous This Remaining Budget Reimbursements Month's Total Request Balance Available Budget Category .Amount Requested Request to Date(B*D) (A-D) Administration— Salaries Administration— Benefits Administration— Other approved Client Costs Total Supportive Services Agreement--Exhibits Page 22 of 48 L'XHIBIT "D" R.1CI'ORTING FORMS Quarterly Report Current Reporting Quarter _ - -- Submitting Agency Contact Name Phone Number and Email — — - Remit Address please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 Agency will complete the application-to-voucher process within seven(7)business days for a mil>imum of 90% of clients (In the notes,list the clients'names(first initial,last name)who were approved for rental assistance and the ma-Acr who were approved less than 7 days after receiving complete application vs,the total number approved that quarter) Orstcar�ae Measure 2 Agency will ensure at least 4 clients enter the Ending Homelessness project and be served with homeless assistance during the contract terin (In the notes, list the clients' names (first initial, last name) who leased up and received rental assistance.) �.. Outcome Measure 3 Of those who exit the Ending Homelessness Project, at least one will maintain housing for three months after exit. (In the notes,list the clients`names(first initial, last name)who exited three months prior and the number who were housed vs. the total number who exited three months prior) _ Orrtcorrte X have reviewed this report and certify that the measures provided are accurate and appropriately reflect the Directions Horne goals setforth in the contract. Authorized Signatory Signatory Title Date: Supportive Services Agreement Exhibits Page 23 of 48 Monthly Report I Texas Department of Housing and Coinmunity Affairs Supplemental HHSP Monthly Report Collection Torn Subrecipient or Vendor Name: Reporting Mouth Is this report Contract adjusting a prior Number: month? _ Contract Term If"Yes",what is the reason for the adjustment request?- HHSP Monthly Performance Report _ Total Components Entries HHSP Entries Total Components for Persons Entering 0 Persons Entering 0 Total Components for Households Households Entering 0 Entering 0 Unduplicated Unduplicated Undu licated.Age Unduplicated.Race Bthniciti° Gender p American Non- Indian/Alaska Hispanic/Non- Native 0 Latino 0 Mate 0 Under 18 b Asian 0 Hispanic/Latino 0 Foinale __ 0 18-24 0 Black/African- .Ethnicity Trans Fornale American 0 Uttknown 0 M'1'1?) 0 25-61 0 Native Hawaiian/Pacific Trans Male, Islander 0 (I;TM) 0 62 and over 0 Gender Non- Age White 0 Conforming 0 Unknown 0 Gender Race Unknown 0 Unknown. 0 Total Total Total Race 0 Btttzticity 0 Gender 0 Total Age L 0 =; HHSP�enerfl�Set Ariile:: apAz uug;.. Unduplicated Coinponcnts ley Components by New Outcomes Special Populations Persons Households Beds Supportive Services Agreement—Exhibits Page 24 of 48 Essential Essential Homeless Persons in at Services- Services- Persons least one special Homeless Homeless Maintained Shelter Beds population 0 Persons 0 Households 0 3+Months 0 Constructed 0 Essential Homeless Victims of Essential Services-At Households Domestic Services-At Risk Maintained Shelter Beds Violence 0 Risk Persons 0 Households 0_ 3-1-Months 0 Rehabilitated 0 At Risk Unaccompanied Persons Children(Under HA Maintained Shelter Beds 18) 0 HA Persons 0 Households 0 3+Months 0 Converted 0 At Risk Ilp Households Unaccompanied HP Assistance Assistance Maintained TL Beds Youth(18-24) 0 Persons 0 Households 0 3+Months 0 Constructed 0 Parenting Households Children and Persons Using Using Youth(24 and Day/Night Day/Night TLBeds under) 0 Shelter 0 Shelter 0 Rehabilitated 0 Case Case Children of Management- Management- Parenting Youth Homeless Honioless TL Beds (Under 18) 0 Persons 0 Households 0 Converted 0 Case Case Management- Management- At Risk At Risk Veterans 0 Persons 0 Households 0 EMU Monthly Expeuditure Report ".. Tofnt `Iicn- Budgeted DrnwaTo Avnllnble Program This Draw Dnto Balance `. Montlily... .,.,._rund Amount Expentlltures Credit S $ $ $ S $ Adrniulstmtion - S S $ S S $ Case ManaementSalary_ - - - $ S S S S S Construction/Rehabilitation/Conversion - - - S S S S $ $ F-watial Services $ $ S S 3 $ Homolessuess Assistance Homelessness Provention - Sheit_erOperations _ - S TOTAL.,: - - Supportive Services Agreement--Exhibits Page 25 of 48 Monthly Report Tz If the new Tarrant County Homeless Coalition software system is able to pall data included in monthly reports included herein and Directions Home staff confirms and agrees in writing, those reports can be substituted for reports included herein, Enter all new elimts on this report, Date Date Date First Last Application Application receive Date of Date Name Name Agency Received Completed voucher inspection Moved in Supportive Services Agreement—ExJiibits Page 26 of 48 EYJHBIT "Ira" REQUEST FOR BUDGET MODIFICATION FORM: PROGRAM COSTS _ Bud et Category Approved Bridget Change Re ug este_d Revised Budget Salaries Fringe Benefits e Mileag _ Cell Phones/Equipment Client Costs Administration/Indirect Other Approved (excluding - Admin/Indirect) _ Total Costs ® All proposed changes rmrst have prior written City approval _ Modification Narrative(describe in detail what change is for) I have reviewed this request and certify that the listed modifications are correct, Authorized Signatory Title T v �- Date STAFF USE ONLY TI �j Modification Approved d Modification NOT Approved Staff Signature Date Page 27 of 48 CITY OF FORT WORTH AGREEMENT FOR.ENDING HOMELESS FUNDS--FORT WORTH HOUSING SOLUTIONS EXHIBIT "F" GRANT REQUIREMENTS Agency must comply with TDECA regulations contained or referenced in this Exhibit "F" or Exhibit "G". As Subgrantee, Agency assumes all responsibilities of the City as subreeipient with the exception of expenditure and performance reporting and drawing funds through the TDECA Contract System, Sections from TDHCA Contract No.30216010006 Section 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS, AND AUDIT REQUIREMENTS a. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS. Except as expressly modified by law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in UGMS, All references therein to "local government" shall be construed to mean Subrecipient, Subrecipient agrees that if funds are added to this Contract, UGMS will remain the administrative requirement. b. AUDIT. In accordance with 10 TAC §1.403(e), if Subrecipient expends $750,000,00 or more in state awards, or has an outstanding loan balance associated with state resources of $750,000 or more with continuing compliance requirements, or a combination thereof must have a Single Audit, c. COSTS. Department shall not be liable to Subrecipient for certain costs, including but not limited to costs which. 1, have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source other than Department; 2. are not allowable costs, as set forth in the provisions of the EIS Fund State Rules and Section 8(B) of this Contract; 3. are not strictly in accordance with the terms of this Contract, including the exhibits; 4. have not been reported to Department within the Close-Out Period of this Contract; or 5, are not incurred during the Contract Term, d. ACCESS. Department reserves the right to conduct additional audits of the funds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and to obtain Page 28 of 48 CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS FORT WORTH ROUSING SOLUTIONS any documents materials, or information necessary to facilitate such audit upon written request by the Department to Subrecipient. e, SUBAWARDS. The Subrecipient shall include language in any subcontract or subgrant that provides the Department the ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract. f AUDIT CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract Term, Subrecipient :must submit an "Audit Certification Forin" (available from the Deparhnent)within two (2)months after the Subrecipient's fiscal year end in accordance with 10 TAC §1.403. Section 9. RE'CORDER RPING REQUIREMENTS a. GENERAL, Subrecipient shall comply with all the recordkeeping requirements and shall maintain fiscal and programmatic records and supporting documentation for all expenditures made under this Contract in accordance with the UGMS Section III, Common Rule, State Unil:orin Administrative Requirements for Grants and Cooperative Agreements, Subpart C —Post Award Requirements,_.42, Subrecipient agrees to comply with any changes to the UGMS'recordkeeping requirements mid 10 TAC §7.8 b. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written policies and procedures to ensure that sufficient records are established and maintained to enable a determination that EH Fund requirements are being met, The written standards must be applied consistently for all Program Participants. The written standards must include,but are not limited to Inclusive Marketingas identified in 10 TAC §7.10. c. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC §7.28(g), Subrecipient shall maintainProgram Participant files, for non-emergency activities providing direct subsidy to a Program Participant regardless if the client is directly receiving the funds. d. ACCESS TO RECORDS. Subrecipient agrees that Department,the Auditor of the State of Texas, the Comptroller of the State of Texas, or any of their duly authorized representatives, shall have theright to access acid to examine and to copy, on or off the premises of Subreeipiont, all books, accounts,records,reports,files,and other papers or property belonging to or in use by Subrecipient pertaining to this Contract, Subrecipient agrees to maintain such records in an accessible location. e. RECORD RETENTION. Records regarding Program Participant eligibility shall be retained by Subrecipient for a period of five (5) years. Activities that require a LURA, must maintain the records until the expiration of the LURA. All other records pertinent to this Contract shall be retained by Subrecipient for a period of three (3) years that starts on the day the Single Audit is due or would bedue if the Single Audit requirements are not triggered, except if any litigation, claim, negotiation, audit, monitoring, inspection or other action has started before the expiration of the required record retention period. In this case, records must be retained until completion of the action and resolution of all issues which arise fiom it, or until the end of the required recordkeeping period as described herein, whichever is later. Page 29 oI48 CITY OF PORT WORTH AGREEMENT FOR ENDING IIONIELESS ItUNDS—FORT WORTH HOUSING SOLUTIONS f OPEN RECORDS, Subrecipient acknowledges that all information collected, assembled, or maintained by Subrecipient pertaining to this Contract is subject to the Texas Public Information Act(Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public Information Act, g. SUBAWARDS. Subrecipient shall include the substance of this Section 9 in all of its subcontracts and subgrants, Section 1.5. SUBAWARDS a. Subrecipient may not subcontract the primary responsibilities of this Contract, including but not limited to expenditure and performance reporting and drawing funds through the Contract System. b, Subrecipient may subcontract or subgrant for the delivery of client assistance without obtaining Department's prior approval.HHSP Subrecipient is responsible for ensuring that subcontractors and Subgrantees adhere to the same program requirements and regulations as apply to the subrecipient including, but not limited to having documentation that Subrecipient checked the appropriate federal and state records for debarred and suspended parties in accordance with UGMS Subpart C—Post Award Requirements,3 5. Subrecipient must have processes and procedures in place to monitorsubcontractors or subgrantees.Any subcontract or subgrant for the delivery of client assistance will be subject to monitoring by the Department pursuant to 10 TAC §7,11. C. Subrecipient will notify the Department and provide contact information for subgrants or subcontractors within thirty(30)calendar days of the of fective date of subcontract.Contact information for the entities with which the Subrecipient subgrants or subcontracts must be providedto the bepartment, including; organization name,name and title of authorized person who entered into the subgrent or subcontract, phone number, email address, and type of services provided. d. In no event shall any provision of this Section be construed as relieving Subrecipient of the responsibility for ensuring that the performances under all subcontracts and subgrants are renderedso as to comply with all of the terms of this Contract, as if such performances rendered were rendered by Subrecipient. Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval under this Section does not waive any right of action which may exist or which may subsequently accrue to Depart-irrent under this Contract. SECTION 25.CON}<LICT OF INTEREST PegeM o£48 CITY OF FORT WORTH AGREE,MENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS a. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default undertbis Contract and may result in termination of the Contract or deobligation of funds. b. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or admirvstration of a contract supported by federal funds if a. real or apparent conflict of interest would be involved, Such a conflict would arise when the employee, officer, or agent, any member ofhis or her immediate family, his or her partner, or an organization which employs or is about to employ any of the Parties indicated herein,has a financial or other in'erestin the firm selected for an award. c, The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements, Subrecipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value, The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient d. The provision of any type or amount of EH Fund assistance may not be conditioned on all individual's or family's acceptance or occupancy of emergency shelter or housing owned by theSubrecipient, Subgrantee or a parent or subsidiary of the Subrecipient. e, No Subrecipient may, with respect to individuals or families occupying housing owned by the Subrecipient,or any parent or subsidiary of the Subrecipient,carry out the initial intake required forProgram Participant files under Section 9(C) of this Contract 1 f For transactions and activities other than the procurement of goods and services, no officers, employees, and agents, including consultants, officers, or elected or appointed officials of the Subrecipient, Subgrantee, or subcontractor who exercises or has exercised any functions or responsibilities with respect to activities assisted under EH Fund contracts, or who is in a position toparticipate in a decision-making process or gain inside information with regard to activities assisted under the program, may obtain a financial interest or benefit from an assisted activity; have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity; or have a financial interest in the proceeds derived fiom an assisted activity,either for him or herself or for those with whom he or she has family or business ties,during his or her tenure or during the one-year period following his or her tenure SECTION 27. NONDISCRIMINATION, PAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY a, NON-DISCRIMINATION A person shall not be excluded Rom participation in,be denied Page 31 of 48 CITY OIL FORT WORTH AGREE,AI ENT FOR ENDING IIOMLLESS FUNDS—I+ORT WORTH HOUSING SOLUTIONS the benefits of, be subjected to discrimination under, or be denied employment in the administration ofor in Connection with any program or activity funded in whole or in part with funds made available under this Contract, on the grounds of race, color,religion, sex, national origin, age, or disability. b. EQUAL OPPORTUNITY, Subrecipient agrees to carry out an Equal Employment OpportunityProgran-r in keeping with the principles as provided in President's Executive Order It 246 of September 24, 1965. Subrecipient must comply with the Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order 12259) and it implementing regulations at 24 CFR fart 107 c. ACCESSIBILITY AND FAIR HOUSING. Subreeipient must meet the accessibility standards and fair housing requirements under(i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and itsimplementing regulations at 24 CFR fart 8, (ii) the Fair Dousing Act(42 U.S.C. §3601 et serf.) as implemented by HUD at 24 CFR Parts 100-115, 24 CFR§92.250,24 CFR §92,202 and 24 CFR §5.105(a), (iii)Texas Fair Housing Act(Chapter 301 of the Texas Property Code), (lv)Title VI of the Civil Rights Act of t964, as amended (42 U.S.C. §2000d et sect.), and unplementing regulations at 24 C.RR. Part I, and (v)Titles II and Ill of the Americans with Disabilities Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U, S. Department of Justiceat 28 CFR Parts 35 and 36. d. REASONABLE ACCOMODATIONS. Subrecipients shall operate each program or activity receiving EH Fund financial assistance so that the program or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipients are also required to provide reasonable accommodations for persons with disabilities. e. GENERAL. Subrecipient shall make known that use of the facilities and services funded under this Contract are available to all on a nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability, f. SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of itssubcontracts and subgrants. SECTION 28.DI{;BARRED AND SUSPENDED PARTIES By signing this Contract, Subrecipient certifies that neither it nor its current principal employees, board members, agents, or contractors are presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded by any federal department or agency as provided in the Certification Regarding Debarment, Suspension and Other Responsibility Mutters attached hereto as Addendum C and incorporated herein for all relevant purposes. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier Covered transaction", Page 32 of 48 CITY OF TORT WORTH AGREBEVIENT FOR ENDING HONIELE88 FUNDS—FORT WORTH HOUSING SOLUTIONS 1. "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification attached as Addendum C, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR fart 9, subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that, prior to entering into any agreement with a potential subcontractors procured by Stibreeipient or prior to awarding fiends under this Contract to a potential subgrantee, that the verification process to comply with this requirement will be accomplished by checking the System for Award Management ("SAM") at www.sani,gov and including a copy of the results in its project files. Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors, Subrecipient may rely upon a certification of a prospective subcontractor that is not proposed for debarment under 48 CFR fart 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the certification attached hereto as Addendum C or an explanation of why it cannot provide said certification shall disqualify Subrecipient from participationunder this Contract. The certification or explanation will be considered in connection with the Department's determination whether to continue with this Contract. Subrecipient shall provide immediate written notice to Department if at any time Subrecipient learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Subrecipient further agrees by executing this Contract that it will include the certification provision titled"Certification Regarding debarment, Suspension, Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum C, without modification, and this language under this Section 28, in all its subawards. Page 33 of 48 CITY OF FORT NORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT NORTH HOUSING SOLUTIONS Trafficking Section 106(g) of the,Trafficking Victians Protection Act of 2000 as amended(22 U.S.C.7104) �7104. prevention of trafficking (a) .Economic alternatives to prevent and deter traf cI ng The President shall establish and carry out international initiatives to enhance economic opportunity for potential victims of trafficking as a method to deter trafficking. Such initiatives may include— (1) microcredit lending programs, training in business development, skills training, and job counseling; (2)programs to promote women's participation in economic decision risking; (3) programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking; (4) development of educational curricula regarding the dangers of trafficking; and (5) grants to nongovermaiental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries. (b) Pithlic awareness and information (I)In genet-at The president, acting through the Secretary of Labor, the Secretary of Health and Human Services,the Attorney General,and the Secretary of State,shall establish and cagy out programs to increase public awareness,particularly among potential victims of trafficking, of the dangers of trafficking and the protections that are available for victims of trafficking. (2) Grants to assist in the recognition of trqffx1dog (A)Definitions In this paragraph; (i).ESEA terns The terms "elementary school", "local educational agency", "other staff', and "secondary school"have the meanings given the terms in section 7801 of title 20. (ii)High-intensity child sex trafficking area The term "high-intensity child sex trafficking area" means a metropolitan area designated by the Director of the Federal Bureau of Investigation as having a high rate of children involved in sex trafficking. (iii)Labor trafficking The term "labor trafficking" paeans conduct described in section 7102(9)(B) !of this title. (iv) School staff The term "school staff' means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools. i i I. Page 34 of 48 CITY OF PORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTII HOUSING SOLUTIONS (v) Sex trafficking The terns "sex trafficking" means the conduct described in section M2(9)(A) 1 of this title, (B)In general The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of'Labor, may award grants to local educational agencies, in partnership with a nonprofit, nongover imentat agency, to establish, expand, and support programs— (i) to educate school staff to recognize and respond to signs of labor trafficking and sex trafficking; and (ii)to provide age-appropriate information to students on how to avoid becoming victims of labor trafficking and sex trafficking. (C)Program requirement-, Amounts awarded under this paragraph shall be used for— (i) education regarding— (1) avoiding becoming victims of labor trafficking and sex trafficking; (II) indicators that an individual is a victim or potential victim of labor trafficking or sex trafficking; (III) options and procedures for referring such an individual, as appropriate, to information on such trafficking and services available for victims of such trafficking; (IV)reporting requirements and procedures in accordance with applicable Federal and State law; and (V)how to carry out activities authorized under subparagraph(A)(ii); and (ii) a plan, developed and implemented in consultation with local law enforcement agencies, to ensure the safety of school staff and students reporting such trafficking. (D) Priority In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies serving a high-intensity child sex trafficking area. (c)Border interdiction The President shall establish and carry out programs of border interdiction outside the United States. Such programs shall include providing grants to foreign nongovernmental organizations that provide for transit shelters operating at key border crossings and that help train survivors of trafficking in persons to educate and train border guards and officials, and other local law enforcement officials, to identify traffickers and victims of severe forms of trafficking, and the appropriate manner in which to heat such victims, Such programs shall also include, to the extent appropriate,monitoring by such survivors of trafficking in persons of the implementation of border interdiction programs, including helping in the identification of such victims to stop the, cross- border transit of victims. The President shall ensure that any program established under this subsection provides the opportunity for any trafficking victim who is freed to return to his or her previous residence if the victim so chooses. Page 35 o£48 CITY OIL FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS (d)bternational media The President shall establish and carry out programs that support the production of television and radio programs, including documentaries, to inform vulnerable populations overseas of the dangers of trafficking, and to increase awareness of the public in countries of destination regarding the slave-like practices and other human rights abuses involved in trafficking,including fostering linkages between individuals working in the media in different countries to determine the best methods for informing such populations through such media. (e) Conibating international sex tourisin (1)Development and dissemination of materials The President,pursuant to such regulations as may be prescribed, shall ensure that materials are developed and disseminated to alert travelers that sex tourism (as described in subsections (b) through(f)of section 2423 of title 18) is illegal, will be prosecuted, and presents dangers to those involved. Such materials shall be disseminated to individuals traveling to foreign destinations where the President determines that sox tourism is significant, (2)ltfonitoring of compliance The President shall monitor compliance with the requirements of paragraph (1). (3)Feasibility report Not later than 180 days after December 19, 2003, the President shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Affairs of the Senate a report that describes the feasibility of such United States Government materials being disseminated through public-private partnerships to individuals traveling to foreign destinations, (f) Consultation requirement The President shall consult with appropriate nongovernmental organizations with respect to the establishment and conduct of initiatives and programs described in subsections (a) through(e), (g) Termination of certain grants, contracts and cooperative agreements The President shall ensure that any grant,contract, or cooperative agreement provided or entered into by a Federal department or agency under which funds are to be provided to a private entity, in whole or in part,shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, or take any of the other remedial actions authorized under section 7104b(c) of this title, without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in— (1) severe forms of trafficking in persons; (2) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect; (3)the use of forced labor in the performance of the grant,contract,or cooperative agreement; or (4) acts that directly support or advance trafficking in persons, including the following acts; (A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents, Page 36 of 48 CITY OF FORT WORTH AGRIlEtY ENT FOR ENDING HOW LESS FUNDS—FORT WORTH HOUSING SOLUTIONS (B) Failing to provide return transportation or pay for return transportation costs to an employee fi•oin a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee,unless— (i) exempted fiom the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or (ii) the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action. (C) Soliciting a person for the purpose of employment, or offering employment,by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. (D) Charging recruited employees placement or recruitment fees. (F) Providing or arranging housing that fails to meet the host country housing and safety standards. (rt) Prevention Of trafficking in conjunction with post--confllcl and hi.onanitarian.. encergency assistance The United States Agency for International Development, the Department of State, and the Department of Defense shall incorporate anti-trafficking and protection measures for vulnerable populations,particularly women and children,into their post-conflict and humanitarian emergency assistance and program activities. (i)Additional measures to prevent and deter tr'afflcldng The President shall establish and carry out programs to prevent and deter trafficking in persons, including- (1) technical assistance and other support to improve the capacity of foreign governments to investigate, identify, and carry out inspections of private entities, including labor recruitment centers,at which trafficking victims may be exploited,particularly exploitation involving forced and child labor; (2) technical assistance and other support for foreign governments and nongovernmental organizations to provide immigrant populations with information,in the native languages of the major immigrant groups of such populations, regarding the rights of such populations in the foreign country and local in-country nongovernmental organization-operated hotlines; (3) technical assistance to provide legal frameworks and other prograrns to foreign governments and nongovernmental organizations to ensure that— (A) foreign migrant workers are provided the same protection as nationals of the foreign country; (B) labor recruitment firms are regulated; and (C)workers providing domestic services in households are provided protection under labor rights laws; and (d) assistance to foreitm governments to register vulnerable populations as citizens or nationals of the country to reduce the ability of traffickers to exploit such populations, Page 37 of 48 CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS (j)Prevention of child trciff eking through child marriage The Secretary of State shall establish and implement a multi-year, multi-sectoral strategy— (1) to prevent child marriage; (2) to promote the empowerment of girls at risk of child marriage in developing countries; (3) that should address the unique needs, vulnerabilities, and potential of girls younger than 18 years of age in developing countries; (4) that targets areas in developing countries with high prevalence of child marriage; and (5) that includes diplomatic and programmatic initiatives, (h)flgency action to prevent f ending of human trafficking (1)In general At the end of each fiscal year,the Secretary of State,the Secretary of Labor, the Administrator of the United States Agency for International Development, and the Director of the Office of Management and Budget shall each submit a report to the Administrator of General Services that includes— (A)the name and contact information of the individual within the agency's Office of Legal Counsel or Office of Acquisition Policy who is responsible for overseeing the implementation of— (i) subsection (g); (ii)title Xvil of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C, 7104a et seq.); and (iii) any regulation in the Federal Acquisition Regulation (48 C.F.R. l et seq) that is related to any subject matter referred to in clause(i) or(ii); (B) agency action to ensure that contractors are educated on the applicable laws and regulations listed in subparagraph (A); (C) agency action to ensure that the acquisition workforce and agency officials understand implementation of the laws and regulations listed in subparagraph (A), including best practices for— (i) ensuring compliance with such laws and regulations; (ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or regulations; and (iii) evaluating steps contractors have taken to correct any such violation; (D)(i) the number of contracts containing language referring to the Iaws and regulations listed in subparagraph (A); and (ii) the number of contracts that did not contain any language referring to such laws and regulations; (B)(i) the number of allegations of severe forms of trafficking in persons received; and (ii) the source type of the allegation (such as contractor, subcontractor, employee of contractor or subcontractor, or an individual outside of the contract); (F)(i)the number of such allegations investigated by the agency; (ii) a summary of any findings frorn such investigations; and I'age 38 of 48 CITY OI+VORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS--FORT WORTH HOUSING SOLUTIONS (iii) any improvements recommended by the agency to prevent such conduct from recurring; (a)(i) the number of such allegations referred to the Attorney General for prosecution under section 3271 of title 18; and (ii) the outcomes of such referrals; (H) any remedial action taken as a result of such investigation, including whether— (i)a contractor or subcontractor(at any tier)was debarred or suspended due to a violation of a law or regulation relating to severe forms of trafficking in persons; or (ii) a contract was terminated pursuant to subsection(g) as a result of such violation; (I) any other assistance offered to agency contractors to ensure compliance with a law or regulation relating to severe forams of trafficking in persons; (J) any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficking in persons; and (K) any contract with a contractor or subcontractor(at any tier) located outside the United States and the country location, where safe to reveal location, for each such contractor or subcontractor. (2)appropriate congressional cornnnittees In this subsection, the terra "appropriate congressional committees" nmaans— (A)the Committee on Foreign Affairs of the House of Representatives; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Education and the Workforce of the House of Representatives; (D) the Committee on the Judiciary of the House of Representatives; (E)the Committee on Oversight and Government Reform of the(louse of Representatives; (F) the Committee on Foreign Relations of the Senate; (G) the Committee on Armed Services of the Senate; (H) the Committee on the Judiciary of the Senate; and (1) the Committee on Health,Education, Labor, and Pensions of the Senate. (l)Information regarding luuntan traf cldng-related visa denials (1)In general The Secretary of State shall ensure that the Office to Monitor and Combat Trafficking in Persons and the Bureau of Diplomatic Security of the Department of State receive timely and regular information regarding United States visa denials based, in whole or in part, on grounds related to human trafficking. (2)Decisions regarding allocation The Secretary of State shall ensure that decisions regarding the allocation of resources of the Deparhnent of State related to combating human trafficking and to law enforcement presence at United States diplomatic and consular posts appropriately take into account-- (A) the information described in paragraph(1); and (B)the information included in the most recent report submitted in accordance with section 7107(b) of this title. Page 39 of 48 CITY OF FORT VYORTH LESS AGREEMENT I.OR TENDING ROMI'; FUNDS—FORT WORTH HOUSING SOLUTIONS Personal Responsibility and WorIr Opportunity Act of 1996 By executing this agreement,Agency agrees it will comply with the following: If an individual is applying for EH Fund grant funds, a Subrecipient must verify that the individual applying for EH Fund grant fiends is a qualified recipient for funding tinder the Personal Responsibilityand Work Opportunity Act of 1996 (11 PRWORA 11 Pub.L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997,Pub, L, 104-208. To ensure that a non-qualified applicant does not receive "public benefits," a political subdivision that administers "public benefit programs" is required to determine, and to verify, the individual's alienage status before granting eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient must use the SAVE verificationsystem to verify and document qualified alien eligibility once access to the system is provided by the Department. There are certain types of assistance that are not subject to the Aet's restriction on access to public benefits based on immigration status, This includes activities that: (t) deliver in-kind services at the community level, (2) are necessary for the protection of life or safety, and (3)do not condition the provision of assistance on the applicant's income or resources. Generally, under the EH Fund State Rules, an activity that provides a public benefit to a Household that is Homeless is exempt, white an activity that is provided to a Household that is At-Risk of Homelessness is not exempt. However, if Subrecipient has adopted income-based criteria for the provision of assistance, than that activity may be subject to the Act. Yet, some activities do not provide a public benefit to a Household such as a case manager performing a Household eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C) of the PRWORA also exempts "public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease." If Subrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the Department before beginning the activity to receive a written determination CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE)SYSTEM Subrecipient shall: System Use Page 40 of 48 CITE'OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT WORTH HOUSING SOLUTIONS Establish the identity of the applicants and require each applicant to present the applicant's immigration or naturalization documentation that contains the information (e.g,,alien registration number) required by the SAVE Program; Physically examine the documentation presented by the applicant and determine whetherthe document(s) reasonably appear(s) to be genuine and to relate to the individual; Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for verification of immigration or naturalized or derived citizenship status information, including (1) information from the applicant's immigration or naturalization documentation for initial automated verification, (2) additional information obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3) completed Forms G-845 and other documents and information required for manual additional verification. For manual only verification, ensure that Forms G-•845 and other documents and information required for manual verification are provided; Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use SAVE on behalf of the Subrecipient (Users) performing verification procedures complete SAVE required training including: reading the SAVE Program Guide,taking the latest version of Web tutorial($), littp://Www.uscis.gov/save/what-save/save-webinars, and maintaining a working knowledge of requirements contained therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for monitoring review; Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification procedures; Ensure all Users performing verification procedures comply with all requirements containedin the SAVE Program Guide, web-based tutorial,this Contract, and updates to these requirements; Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE Monitoring and Compliance. Contact information can be found at http://Www,uscis.gov/portal/site/uscis/meuuitem.eb I d4c2a3 e5b9 ac89243 c6a7543f6dl a/?vime xtoid=Od37dffd79029310VgrrVCM100000082ca 60aRCRD&vgnextcha nnel=0d37dffd79029310Vg itVCM100000082ca60aRCRD Ensure all Users perform any additionat verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for verification; Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and all other provisions of this Contract Comply with the requirements of the Federal Information Security Management Act("FISMA") (PL�107�347), Title Ill, Section 301 and OMB guidance as applicable to electronic storage,Page transportc I, f 48 CITY OF FORT WORTH EE l: AGRMENT FOR ENDING HOMLLVSS FUNDS-FORT WORTH HOUSING SOLUTIONS of records between agencies, and the internal processing of records received by either agency under the terms of this Contract; S afeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS, Each applicant seeing access to information regarding him/herself may do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at http://www,-Liscis.gov/[JSCIS/Verificatioii,/SAVE/SAVE_Native_Docu ments/Fact_Sheet_HowToCo rxectYourRccordswithUSCIS,pdf(subject to revision and riposting on the SAVE Websitc and Online Resources); Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to the Contract; Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon ate national origin, color, race, gender, religion, or disability of the applicant; Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate written notice of the denial and the information necessary to contact DHS- USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted at http://Nvww.usc,is.gov/USCIS/Verification/SAVE/SAVB_Native_Documents/Fact Sheet_HowT oCo rrectYourRecordswitlnUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources); Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification requirements of Section 274A of the hnmigration and Nationality Act, 8 U,S,C. §1324a, Monitoring and Compliance. Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fi-audulent use or improper use of SAVE by the Subrecipient, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; Notify the Department's Compliance Division immediately whenever there is reason to believe a violation of this agreement has occurred; Page 42 of 48 CITY OF FORT WORTR AGREEMENT FOR ENDING HOMELESS FUNDS—PORT WORTH HOUSING SOLUTIONS Notify the Department's Compliance Division i nniediately whenever there is reason to believe an information breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget(OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable Information;" Allow Department and SAVE Monitoring and Compliance to monitor and review all recordsand documents related to the use,abuse,misuse,fraudulent use or improper use of SAVE by any User, including,but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or sitevisits to review Subreeipient's compliance with this Addendum D and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and other relevant data; Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any e1 within the Subrecipient's organization or relevant and all contact persons or other persomn contractors regarding any and all questions or problems which may arise in conmectionwith the Subre6pient's participation in SAVE; Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum D and the SAVE Program requirements by its authorized agents or designees; and 'fake corrective measures in a timely mariner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-cornplianee with the terms, conditions and safeguards of this Addendum D,SAVE Program procedures or other applicable law,regulation or policy. Criminal Penalties. DHS-USCIS reserves the right to use information fi-om the Department or Subrecipient forany purpose permitted by law, including, but not limited to, the prosecution of violations of Federal administrative or criminal law. The Subrecipient acknowledges that the information it receives fi'om DHS-USCIS is governed by the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this Contract may be subject to criminal penalties. Page 43 of 48 CITY OF TORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS FORT WORTH HOUSING SOLUTIONS Third Party Liability. Each party to this Contract shall be solely responsible for its own defense against any claintor action by third parties arising out of or related to the execution and/or performance of thisContract, whether civil or criminal, and retain responsibility for the payment of any corresponding liability. Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas, its agencies, officers, or omployces, or the Subrecipient. Page 44 of 48 CITY Or FORT WORTH .A.GREEMENT FOR ENDING HOMELESS FUNDS—F+ORT WORTH HOUSING SOLUTIONS EXHIBIT 4t G" EXECUTED CONTRACT BETWEEN TEXAS .DEPARTMENT OF ROUSING AND COMMUNITY AFFAIRS AND THE CITE' Pago45 o£48 CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS—FORT'WORTH HOUSING SOLUTIONS DocuSign Envelope ID:BCA432F6-2807-4CF2-BC07-986A`i3426492 CSC No.56244 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2021 TEXAS ENDING HOMELESSNESS FUND CONTRACT NUMBER 3021.6010006 WITH City of Fort Worth, a political subdivision of the State of Texas SECTION 1. PARTIES TO THE CONTRACT This 2021 Texas Ending Homelessness Fund("EH Fund") Contract Number 30216010006 ("Contract") is made by and between the Texas Department of Housing and Community Affairs,a public and official agency of the State of Texas, ("Department") and City of Fort Worth,a political subdivision of the State of Texas ("Surbreciplent"), SECTION 2. CONTRACT PERIOD FOR PERFORMANCE AND CLOSE-OUT This Contract shall commence on August 1,2021,and, unless earlier terminated at provided herein, terminate as follows: (1)the Subreciplent is permitted to incur expenses under this Contract until the July 31,2022("Contract Term"),and(2)the Department's obligations under tine Contract shall end forty-five(45)calendar days after the Contract Term,and is conditioned on the Subrecipient's performance during the Contract Term ("Close-Out Period"). SECTION 3. SUBRECIPiENT PERFORMANCE A.Subrecipient agrees to administer an EH Fund award in accordance with the terms of tills Contract and the exhibits and addendums attached to tills Contract,as incorporated herein for all relevant purposes, Subrecipient shall develop and implement the EH Fund In accordance with ail required provisions,Including,but not limited to, Section 502.415 of the Texas Transportation Code, Chapter 2306 of the Texas Government Code ("State Act"),the implementing rules under Title 10, Part 1, Chapter 1,Chapter 2,and Subchapters A and D of Chapter 7,of the Texas Administrative Code, and Chapter 783 of the Texas Government Code and the Uniform Grant Management Standards ("UGMS")(collectively,"Ell Fund State Rules"),and representations made as part of the Previous Participation and Executive Award and Review Advisory Committee,under EH Fund State Rules. B,Subreciplent agrees to perform all activities In accordance with the terms of the Performance Statement attached hereto as Exhibit A and the Budget attached hereto as Exhibit B. Subrecipient further agrees to comply with the Certification Regarding Lobbying for Contracts,Grants,Loans, and Cooperative Agreements attached hereto as Addendum A;the Certification Regarding Drug-Free Workplace Requirements attached as Addendum B; the Certification Regarding Debarment, Suspension and Other Responsibility Matter attached as Addendum C,the PRWORA requirements attached hereto as Addendum D,and the assurances,certifications,and all other statements made City of Fort Worth,30216010006 1 DocuSIgn Envelope ID;BCA432F6-2807-4CF2-BC07-9B6A13426492 by Subrecipient in its application for the project funded under this Contract, and with all other terms of this Contract. C. Except for changes that are required because of changes described In Section 11(A)of tills Contract or as otherwise specifically described Ii)this Contract,Subrecipa f shall implemart ent of file EH Fund in accordance with the requirements of tite EH Fund State Rules, Contract Term. D.Subrecipient is liable for any associated disallowed costs if a person who is eligible to receive the benefit or services described !n Exhibit A does not actually receive them,and the Subrecipient r received reimbursement for the costs, reported tile costs o E. performance related to established targets will be reported by Subrecipient in the EH Fund Monthly Performance Report and meeting targets may be considered for future funding opportunities with the Department. tile F.All funds must be fully expended within the Contract ntract ITh e Depareported lrtt»enoes ones the ut Period in accordance with all exhibits and addendus of this Co u right to request an Expenditure plan if it appears funds will not be expended within the Contract Term at the Department's reasonable discretion. G. Subrecipient shall refund to Department any sum of money which has been oadance with t to S he lent in by Department,which Department determines has not been spent stl I y terms of tills Contract,Subreciplent shall make such refund within fifteen (15)calendar days after the Department's written request. H.Subreciplent activities related to construction, rehabilitation,or conversion of a building or buildings may require that Subrecipient enter into a Land Use Restriction Agreement(LURA) In accordance with 10 TAC§7.3, SECTION d. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this Contract,Department shall reimburse Subrecipient for the actual,allowable,and approved costs that are consistent with amounts specif led In the Budget and are Incurred during the Contract Term by Subrecipient, B,The Department reserves the right to obligate or deobligate additional funds and shall notify the Subreciplent in writing of Its decision.The Department may consider such factors as the ability to he EH Fund State Rules in a timely manner or Subreclp{ent's overall use grant funds under t compliance with the terms of this Contract, C. Department shall not be obligated to pay Subreclpient for any costs Incurred by Subrecipient which are not allowable costs. is I � 2 1. l City of Fort Worth,30216010006 l is C 1, DoauSign Envelope ID:BCA432FG-2007-4CF2-nC07-986A13426492 D. Notwithstanding any other provision of this Contract,the total payments and obligations incurred by Department raider tills Contract shall not exceed the sum of FIFTY-ONE THOUSAND EIGHT HUNDRED FOUR($51,804). E. Notwithstanding any other provision of this Contract, Department shall only be liable to Subreciplent for eligible costs incurred or performances rendered for activities specified In the EH Fund State Rules. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A.Subreciplent shall establish procedures to minimlze the time elapsing between the transfer of funds from Department to Subreciplent and the disbursement of such funds by Subreciplent. B. In accordance with 10 TAC§7.4(f),the Department reserves the right to use a Cost Reimbursement method of payment for all funds whereby reimbursement of costs Incurred by a Subreciplent is made only after the Department has reviewed and approved backup documentation provided by the Subreciplent in accordance with 10 TAC§2.201 to support such costs for all funds if at any time(1) Department determines that Subreciplent has maintained cash balances in excess of need, (2) Department identifies significant deficiency In the cash controls or financial management system used by Subreciplent, or(3)Subrecipient fails to comply with 10 TAC§7.5,Subrecipient Reporting,and 10 TAC§7.6,Subrecipient Data Collection, C.All funds paid to Subrecipient pursuant to this Contract are paid in trust for the exclusive benefit of the eligible recipients of EH Fund services and for the payment of allowable expenditures. D.At its sole discretion,Department may offset or withhold any amounts otherwise owed to Subrecipient under this Contract against any amount owed by Subrecipient to Department arising under this Contract, E.Subrecipient shall refund to the Department any funds which Department determines has not been spent strictly in accordance with the terms of this Contract.Subrecipient shall make such refund no later than the date specified in the notice that repayment Is required, but if no date is specified within five (5) business days in accordance with 10 TAC§1.21(e). SECTION 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS, AND AUDIT REQUIREMENTS A. COST PRINCIPLES ADMINISTRATIVE REQUIREMENTS. Except as expressly modified by law or the terms of this Contract,Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in UGMS.All references therein to"local government"shall be construed to mean Subrecipient.Subreciplent agrees that if funds are added to this Contract, UGMS will remain the administrative requirement. B.AUDIT. In accordance with 10 TAC§1.403(e), if Subrecipient expends$750,000.00 or more in state awards,or has an outstanding loan balance associated with state resources of$750,000 or more with continuing compliance requirements, or a combination thereof must have a Single Audit. City of Fort Worth, 30216010006 3 DocuSign Envelope ID:nCA432F6-2807-4Ci-2-nC07-966A13426402 C.COSTS. Department shall not be liable to Subrecipient for certain costs, including but not limited to costs which: (1)have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source otherthan Department; (2) are not allowable costs,as set forth in the provisions of the EH Fund State Rules and Section 8(B) of this Contract; (3)are not strictly in accordance with the terms of this Contract,including the exhibits; (4) have not been reported to Department within the Close-Out Period of tills Contract;ar (5) are not incurred during the Contract Term, D.ACCESS, Department reserves the right to conduct additional audits of the funds received and performances rendered under this Contract.Subrecipient agrees to per Department or its authorized representative to audit Subrecipient's records and to obtain any documents, materials, or Information necessary to facilitate such audit upon written request by the Department to Subrecipient. E.SUBAWARDS, The Subrecipient shall include language in any subcontract or subgrant that provides the Department the ability to directly review, monitor,and/or audit the operational and financial performance and/or records of work performed Under this Contract, F.AUDIT CERTIFICATION FORM, For any fiscal year ending within or immediately after the Contract Term,Subrecipient must submit an"Audit Certification Form" (available from the Department) within two(2)months after the Subreciplent's fiscal year end in accordance with 10 TAC§1.403, SECTION 7. TERMINATION AND SUSPENSION A.TERMINATION OR SUSPENSION. Pursuant to 10 TAC Chapters 2 and 7,Department may terminate or suspend tills Contract, In whole or In part, at any time Department determines that there is cause for termination, if Subreciplent falls to submit within forty-five (45)calendar days of its due date, any report In accordance with 10 TAC§7,5 or responses to monitoring reports, Department may,in its sole discretion,suspend payments, place Subreciplent on Cost Reimbursement method of payment, and initiate proceedings to terminate any active Contract. In termination includes, but is not limited to,fraud, accordance with 10 TAC§2.202(b)(6), cause for waste, abuse,fiscal mismanagement,or other serious Findings in the Subrecipient's performance. B, WITHHOLDING OF PAYMENTS. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this Contract if Department Identifies possible instances of fraud, abuse,waste,fiscal mismanagement,or other deficiencies In Subreciplent's performance,Suspension shall he a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract. 4 City of 1=ort Worth, 30216010006 DocuSlgn Envelope ID:BCA432F0-2807-4CF2-BC07-90GA13428492 C. DEPARTMENT LIABILITY. Department shall not be liable for any costs incurred by Subreciplent after termination of this Contract. D.SUBRECIPIENT LIABILITY. Notwithstanding any exercise by Department of its right of termination or suspension,Subrecipient shall not be relleved of any liability to Department for damages by virtue of any breach of this Contract by Subreciplent. E. FUNDS. Upon termination of this Contract, all funds remaining on hand on the date of termination,and all accounts receivable attributable to the use of funds received under this Contract shall transfer back to Department.Subreciplent shall return the remaining funds to Department within sixty(60)calendar days after the date this Contract terminates. SECTION 8. ALLOWABLE EXPENDITURES A.Whether the Subreciplent's costs Incurred in the performance of this Contract are considered allowable,shall be determined in accordance with the provisions of tite EH Fund State Rules,subJect to the limitations and exceptions set forth in this Contract. B, EH Fund grant funds may be used for administrative activities as well as allowable expenditures under this Contract,to include activities outlined in 10 TAC§7.21., provided Subreciplent receives prior written approval from the Department. C.Administrative costs incurred by Subreciplent in performing this Contract are to he based on actual programmatic expenditures and shall be allowed up to the amount outlined in Exhibit B of this Contract.Eligible administrative costs include general management,and oversight and coordination, SECTION 9, RECORDI<EEPING REQUIREMENTS A, GENERAL. Subreciplent shall comply with all the recordkeeping requirements and shall maintain fiscal and programmatic records and supporting documentation for all expenditures made under this Contract In accordance with the UGMS Section III,Common Rule:State Uniform Administrative Requirements for Grants and Cooperative Agreements,Subpart C---Post Award Requirements,_.42. Subreciplent agrees to comply with any changes to the UGMS' recordkeeping requirements and 10 TAC§7.8 B.WRITTEN POLICIES AND PROCEDURES. Subreciplent must have written policies and procedures to ensure that sufficient records are established and maintained to enable a determination that Ell Fund requirements are being met.The written standards must be applied consistently for all Program Participants.The written standards must include, but are not limited to Inclusive Marketing as Identified in 10 TAC§7.10. C. PROGRAM PARTICIPANT FILLS. In accordance with 10 TAC§7.28(g),Subreciplent shall maintain Program Participant files,for non-emergency activities providing direct subsidy to a Program Participant regardless if the client is directly receiving the funds.: City of Fort Worth,30216010006 5 DocuSign Envelope ID!BCA432F6-2007.4CF2-Eco7-666AI3426492 nt agrees that Department,the Auditor of the State of Texas, D.ACCESS TO RECORDS, Subrecipie a ,s or any of their duly authorized representatives,shall have the the Comptroller of the State of Tex right to access and to examine and to copy,on or off the premises of Subreciplent,all books, accounts,records,reports,files,and other papers or property belonging to or in use by Subreciplent Pertaining to this Contract.Subreciplent agrees to maintain such records in an accessible location. E, RECORD RETENTION. Records regarding Program Participant eligibility shall be retained by Subreciplent for a period of five(5)years,Activities that require a LURA, must maintain the records until the expiration of the LURA.All other records pertinent to this Contract shall be retained by Subreciplent for a period of three(3)years that starts on the day the Single Audit Is due or would be dire if the Single Audit requirements are not triggered,except if any litigation,claim, negotiation, audit, monitoring, inspection or other action has started before the expiration of the required record retention period, in this case, records must be retained until completion of the action an as resolution of all issues which arise from It,or until the end of the required recordkeeping period described herein,whichever is later, F.OPEN RECORDS. Subreciplent acianowledges that all Information collected,assembled,or maintained by Subrecipient pertaining to this Contract is subject to the Texas Public Information Act (Chapter 552 of Texas Government Code)and must provide citizens,public p agencies, subject to and in interested parties with reasonable access to all records pertaining to this accordance with the Texas Public Information Act, G, SUBAWARDS, Subreciplent shall Include the substance of this Section 9 hn all of its subcontracts and subgrants. SECTION 1.0, REPORTING REQUIREMENTS A. DATA COLLECTION, In accordance with 10 TAC§7,6,Subreciplent must ensure that data on all persons served and all activities assisted under Homeless Programs is entered Into the applicable HMIS,or HMIs-comparable database for domestic violence or legal service providers, B. REPORTS. Subreciplent shall submit to Department such reports on the performance of this Contract as may be required by Department including,but not limited to,the reports specified in this Section. C.MONTHLY REPORTS. in accordance with 10 TAC§7.5(c),Subreciplent must submit a Monthly performance Report and a Monthly Expenditure Report through the Con conducted in the ract System not te1rthan the last day of each month which reflects performance and expenditure Or month. D,BIENNIAL REPORTING, hn accordance with 10 TAC§7.5(h)(2),HHSP Subrecipient will submit Information to the Department for biennial reporting to the Texas Legislature. i. E,CONSTRUCTION ACTIVITIES. In accordance with 10 TAC§7.3,If Subrecipient intends to expend �. funds for new construction, r'ehabllitation, or conversion,Subreciplent must submit a copy of the 6 I City of Fort Worth, 30216010006 I: 7: DocuSign Envelope Its:BCAi32F6-2807-4CF2-HO07-986A13426402 activity budget inclusive of all sources and uses of funding, documents for a construction plan review,and identification of the entity and signature authorization of the individual(name and title) that will execute the LURA.These documents must be submitted no less than ninety(90)calendar clays prior to the end of the Contract Term under which funds for the activity are provided, F. FINAL INSPECTION REPORT, A Subreciplent must request a final construction inspection within thirty(30)calendar days of construction completion,The inspection will cover the Shelter and Housing Standards, Uniform Physical Construction Standards,2015 International Residential Code (or mUmicipality adopted later version), Minimum Energy Efficiency Requirements for Single Family Construction Activities, and the Accessibility Standards in Title 10, Part 1,Chapter 1,Subchapter B, of the Texas Administrative Code,as applicable for the activity, SECTION 1.1., CHANGES AND AMENDMENTS A,AMENDMENTS AND CHANGES REQUIRED BY LAW, if a change in federal law or regulation or state law or regulation occurs that requires a change, addition,or deletion to the terms of this Contract,the change is automatically incorporated in this Contract and is effective on the date designated by such law or regulation withaut the requirement of a written amendment hereto. Said changes,additions,or deletions referenced under this Subsection A of Section 11 may be further evidenced by a written amendment. B. GENERAL, Except as specifically provided otherwise in this Contract, any changes, additions,or deletions to the terms of tills Contract shall be in writing and executed by both Parties to this Contract. C. FACSIMILE SIGNATURES, if any Party returns an executed copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission,to be Its original signature. D, REQUESTS, Amendment requests may be considered at the discretion of the Department in accordance with 10 TAC§7,4(e), SECTION 12. PROGRAM INCOME A. Program income includes but is not limited to:income from fees for services performed,the use or rental or real or personal property acquired under this award,the sale of commodities or items fabricated under this award,license fees and royalties on patents and copyrights,and principal and Interest on loans made with this award,Security and utility deposits paid should be a grant to the Program Participant and are not considered program income if they remain with the Program Participant,and are returned only to the Program Participant. B, Program income that is received during the Contract Term must be used for allowable expenditures as described in Section 8 of this Contract, City of Fort Worth, 30216010006 7 Docuftn Envelope ID;BGA432F6-2607-4CF2-BC07-986A13,126492 C. Program income that is received after the Contract Term,01•not expended within the Contract Term must be returned to the Department within ten (10)calendar days of receipt. SECTION 13. INDEPENDENT CONTRACTOR It is agreed that Department Is contracting with Subreciplent as an Independent contractor.To the extent authorized by law,Subreciplent agrees to indemnify Department against any disallowed costs or other claims which may be asserted by any third party in connection with tine services to be performed by Subreciplent under this Contract.The Department acknowledges governmental entities cannot create an unfunded debt pursuant to the Texas Constitution. SECTION 14. PROCUREMENT STANDARDS Subreciplent shall comply with 10 TAC§1.404,this Contract, and all applicable state, and local laws, regulations, and ordinances for making procurements under this Contract. SECTION 1S, SUBAWARDS A,Subreciplent may not subcontract the primary responsibilities of this Contract,including but not limited to expenditure and performance reporting and drawing funds through the Contract System. B, Subreciplent may subcontract or subgrant for the delivery of client assistance without obtaining Department's prior approval. HHSP Subreciplent is responsible for ensuring that subcontractors and Subgrantees adhere to the same program requirements and regulations as apply to the subrecipient including, but not limited to having documentation that Subreciplent checked the appropriate federal and state records for debarred and suspended parties in accordance with UGMS Subpart C-- Post Award Requirements,35.Subreciplent must have processes and procedures in place to monitor subcontractors or Subgrantees.Any subcontract or subgrant for the delivery of client assistance will be subject to monitoring by the Department pursuant to 10 TAC C, Subreciplent will notify the Department and provide contact information for subgrants or subcontractors within thirty(30)calendar days of the effective date of subcontract. Contact infor'nnation for the entities with which the Subreciplent subgrants or subcontracts must be provided to the Department, including:organization name, name and title of authorized person who entered into the subgrant or subcontract, phone number, email address, and type of services provided. D, In no event shall any provision of this Section be construed as relieving Subrecipient of the responslbiilty for ensuring that the performances under all subcontracts and subgrants are rendered so as to comply with all of the terms of this Contract, as if such performances rendered were rendered by Subreciplent.Department maintains the right to monitor and require Subreciplent's full compliance with the terms of this Contract. Department's approval underthis Section does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. SECTION 16, MANAGEMENT OF EQUIPMENT AND INVENTORY B City of Fort Worth, 30216010006 7. k DocuSign Envelope iD;BCA432F6-2607-4CF2-BC07-986AI3426492 A. in accordance with 10 TAC§1.407,Subreciplent shall submit to Department no later than forty- five (45) calendar clays after the termination of this Contract a cumulative Inventory report of all real property and equipment acquired in whole or In part with funds received under this Contract or previous EH Fund contracts, Upon the termination of this Contract, Department may transfer title to any equipment to the Department or to any other entity receiving EH Fund grant funds from the Department. B. When the Subreciplent no longer needs equipment purchased with EH Fund grant funds, regardless of purchase price,or upon the termination of this Contract, Department may take possession and transfer title to any such property or equipment to the Department or to a third party or may seek reimbursement from Subreciplent of the current unit price of the Item of equipment,in Department's sole determination. Subreciplent must request permission from the Departrilent to transfer title or dispose of equipment purchased with EH Fund grant funds. SECTION 17. TRAVEL The governing board of each Subreciplent must adopt travel policies that adhere to UGMS and the State of Texas travel rules and regulations found on the Comptroller of Public Accounts website at www.cpa.state.tx.us. SECTION 18. BONDING AND INSURANCE REQUIREMENTS A. INSURANCE REQUIREMENTS. Subreciplent shall maintain evidence of current and adequate Insurance coverage in accordance with UGMS Section 11,Cost Principles for State and Local Governments and Other Affected Entities,Attachment B. Subreciplent agrees to notify the Department Immediately upon receipt of notification of the termination, cancellation, expiration, or modification of any required Insurance coverage or policy endorsements.Subreciplent agrees to suspend the performance of all work performed under this Contract until the Subreciplent satisfies the required coverage requirements,obtains the required policy endorsements and delivers to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective,and receives notification from Department that the performance of work under this Contract may recommence. Notwithstanding hereinabove,SUbrecipient is a self-funded entity In accordance with Chapter 2259 of the Texas Government Code subject to statutory tort laws and,as such,generally, it does not maintain commercial general liability Insurance and/or worker's compensation claims. B. BONDING REQUIREMENTS. Subrecipient must comply with the bond requirements of Articles 2252, 2253 and 5160 of the Texas Civil Statutes,and Sections 252.044 and 262.032 of the Local Government Code. if Subrecipient will enter Into a public works contract with a third-party in the amount of$50,000 or greater,Subreciplent must execute with the contractor a payment bond in the full amount of the contract. If tite Subreciplent will enter in to contract with a prime contractor In excess of$100,000, a performance bond In the full amount of the contract is also required.These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State insurance Department.Such assurances of completion will run to City of Fort Worth, 30216010006 9 DocuSign Enve4ope ID:BCA432F6-2607-4CF2�BC07-966A13426492 the Department as obligee and must be documented prior to the start of construction.This bonding requirement applies as set forth in 10 TAC§1.405 and to the extent required by federal or state law. SECTION 15. LITIGATION AND CLAIMS Subreciplent shall give Department immediate written notlee of any claim or action filed with a court or administrative agency against Subreciplent arising out of the performance of this Contract or any subcontract or subgrant hereunder. Subreciplent shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim. SECTION 20. TECHNICAL ASSISTANCE AND MONITORING A. Department may provide technical guidance to explain the rules and provide directions on terms of this Contract. B, Department or its designee may conduct periodic on-or off-site monitoring and evaluation of the efficiency, economy,and efficacy of SubrecipientIs performance of this Contract in accordance with the EH Fund State Rules. Department will advise Subreciplent in writing of any deficiencies noted during such monitoring. Department will suggest or require changes in Subrecipient's prograrn lementatan or in Subt•eciplent's accounting, personnel, procurement, and management imp procedures in order to correct any Observations,Concerns, or Findings. Department may conduct follow-up visits to review and assess the efforts Subreciplent has made to correct previously-noted Observations,Concerns,or Findings. C. Department may place Subreciplent on Cost Reimbursement method of payment,suspend or terminate tills Contract, or invoke other remedies In the event monitoring or other reliable sources reveal material deficiencies in Subreciplent's performance or if Subreciplent fails to correct any deficiency within the time allowed by federal or state law or regulation, or by the terms of this Contract. SECTION 21• LEGAL AUTHORITY A. LEGAL AUTHORITY. Subreciplent assures and guarantees that it possesses the legal authority to enter Into tills Contract,to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform hereunder.The execution, delivery, and performance of this Contract will not violate Subreciplent's constitutive documents or any requirement to which Subreciplent is subject and represents the legal,valid,and binding agreement of Subreciplent, enforceable In accordance with its terms. B. DULY AUTHORIZED' GOOD STANDING. Subreciplent Is and will continue to remain organized, validly existing and in good standing under the laws governing its creation and existence, and will continue to be duly authorized and qualified to transact any and all applicable business contemplated hereunder in the State of Texas.Subreciplent possesses and will continue to possess all requisite authority, power, licenses, permits and franchises to conduct its business and to 10 City of Fort Worth, 30216010006 is DocuSign Envelope ID:BCA432F6-2E107-40F2-BC07-986AI3,126492 execute, deliver and comply with Its obligations underthe terms of this Contract,the execution, delivery and performance of which have been or will be duly authorized by all necessary action. C.SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subreciplent hereby warrants that he/she has been duly authorized by Subreciplent's governing body to execute this Contract on behalf of Subreciplent and to validly and legally bind Subreciplent to the terms, provisions and performances herein. D.TERMINATION;LIABILITY. Department shall have the right to terminate this Contract if there is a dispute as to the legal authority of either Subreciplent or the person signing this Contract on behalf of Subreciplent to enter Into this Contract or to render performances hereunder.Subreciplent Is liable to Department for any money it has received from Department for performance of the provisions of this Contract,if the Department has terminated this Contract for reasons enumerated in tills Section 21. E. M ERGER, DEFAULT, Subreciplent understands that it is an event of default tinder this Contract If the Subreciplent liquidates,terminates, dissolves,merges,consolidates or fails to maintain good standing in the State of Texas,and such is not cured prior to causing material harm to Subreciplent's ability to perform under the terms of this Contract. SECTION 22. COMPLIANCE WITH LAWS A, FEDERAL STATE AND LOCAL LAW, Subreciplent shall comply with the EH Fund State Rules,and all federal,state,and local laws and regulations applicable to the performance of this Contract, including,but not limited to the program requirements and fair housing laws, Upon request by Department,Subreciplent shall furnish satisfactory proof of its compliance therewith.Subreciplent shall not violate any federal,state,or local laws,stated herein or otherwise, nor commit any illegal activity in the performance of or associated with the performance of this Contract. No funds tinder this Contract shall be used for any illegal activity or activity that violates any federal, state or local laws. B. DRUG-FREE WORKPLACE ACT OF 1988, The Subreciplent affirms by signing tills Contract and the certification attached as Addendum B that it is implementing the Drug-Free Workplace Act of 1988 (41 USC§701 et seq). C. LIMITED ENGLISH PROFICIENCY("LEP"1. Subrecipients that interact with program participants must create a Language Access Plan to provide program applications,forms,and educational materials In English,Spanish, and any appropriate language, based on the needs of the service area and In compliance with the requirements In Executive order 13166 of August 11,2000,To ensure compliance,the Subreciplent must take reasonable steps to insure that persons with LEP have I meaningful access to the program. Meaningful access may entail providing language assistance I services,including oral and written translation,where necessary. City of Fort Worth, 30216010006 11 I. DocuSign Envelope ID;BCA432FG-2807-4CF2-BC07-08GA13426492 D. REHABILITATION ACT OF 1973. Section 504 of the Rehabilitation Act of 1973 and HUD regulation 24 CFR Part 8 apply to all programs or activities under this Contract, E. PROTECTED HEALTH INFORMATION, If Subrecipient collects or receives documentation for disability, medical records or any other medical information In the course of administering the HHSP program,Subrecipient shall comply with the Protected Health Information state and federal laws and regulations,as applicable, under 10 TAC§1.24,Chapter 181 of the Texas Health and Safety Code,the Health insurance Portability and Accountability Act of 1996 (HIPAA) (Pub.L, 104--1.91, 11.0 Stat. 1936,enacted August 21,1996)the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and E of 45 CFR Part 164) F. INFORMATION SECURITY AND PRIVACY REQUIREMENTS. �(1)General. Subrecipient shall comply with the information security and privacy requirements under 10 TAC§1,24 to ensure the security and privacy of Protected Information (as said term is defined under 10 TAC§1,24). (2) information Security and Privacy Agri ement "ISPA" , Prior to beginning any work under this Contract,Subreciplent shall either(1) have an effective,fully executed ISPA, as required by 10 TAC§1.24,on file with the Department, or(il)will execute and submit to the Department at) ISPA in accordance with instructions found on the Department's website at the "Information Security and Privacy Agreement" link, G.AGE DISCRIMINATION, Subrecipient must comply with the Age Discrimination Act of 1975 (42 U.S,C. §§6101-6107), H.AFFIRMATIVE OUTREACH. Subrecipient shall affirmatively reach Out to populations that are least likely to apply for services as further outlined in 10 TAC§7,10(c)(3), H. LEAD-BASED PAINT. Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention Act,42 U.S.C, §4821 et seq. and 24 CFR Part 35, SECTION 23, PREVENTiON OF WASTE, FRAUD,AND ABUSE A. Subreciplent shall establish, maintain, and utllize systems and procedures to prevent, detect, and correct waste,fraud,and abuse in activities funded under this Contract.The systems and procedures shall address possible waste,fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors and administering agencies,Subreclpient's Internal controls systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by Department. B.Subreciplent shall give Department complete access to all of its records,employees,and agents for the purpose of monitoring or investigating the EH Fund.Subrecipient shall immediately notify Department of any discovery of waste,fraud, or abuse.Subreciplent shall fully cooperate with Department's efforts to detect, investigate, and prevent waste,fraud,and abuse. 12 City of Fort Worth,30216010006 DocuSign Envelope ID:BOA432F6-2807-4GF2-IIC07-966A13426492 C,Subreciplent may not discriminate against any employee or other person who reports a violation of the terms of this Contract,or of any law or regulation, to Department or to any appropriate law enforcement authority, If the report is made it)good faith. SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract,Subreciplent hereby certifies that Subreciplent,or a branch,division, or department of Subreciplent does not and will not knowingly employ an undocumented worker,where ,und m ocuented worker" means an Individual who,at the time of employment,is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States, if,after receiving a public subsidy,Subrecipient or a branch,division,or department of Subreciplent is convicted of a violation under 8 U,S,C,§1324a(f),Subrecipient shall repay the public subsidy with interest,at the rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies Subrecipient of the violation. SECTION 25. CONFLICT OF INTEREST A. Subreciplent shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default under this Contract and may result in termination of the Contract or deobligation of funds, B. No employee,officer,or agent of Subreciplent shall participate it)the selection,award, or administration of a contract supported by federal funds if a real or apparent conflict of Interest would be involved.Stich a conflict would arise when the employee, officer,or agent,any member of his or her immediate family, his or her partner,or an organization which employs or is about to employ any of the Parties indicated herein,has a financial or other interest in the firm selected for an award. C.The officers, employees,and agents of the Subrecipient shall neither solicit nor accept gratuities, favors,or anything of monetary value from contractors,or parties to subagreements.Subrecipients may set standards for situations in which the financial interest is not substantial or the gift is at) unsolicited item of nominal value,The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officer's, employees,or agents of the Subrecipient. D.The provision of any type or amount of EH Fund assistance may not be conditioned on an Individual's or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient,Subgrantee or a parent or subsidiary of the Subrecipient. E. No Subreciplent may,with respect to individuals or families occupying housing owned by the Subrecipient,or any parent or subsidiary of the Subrecipient, carry out the initial intake required for Program Participant files under Sectlon 9(C) of this Contract. I 13 City of Fort Worth, 30216010006 I DOCUSlgrt Elwelopo ID:BCA432F6-2887-4Ct-2-BCO7-986AI3426492 F, For transactions and activities other than the procurement of goods and services, no officers, employees,and agents,including consultants, officer's,or elected or appointed officials of the Subrecipient,Subgrantee,or subcontractor who exercises or has exercised any functions or responsibilities with respect to activities assisted under EH Fund contracts, or who is 11) a position to participate in a decision-making process or gain Inside information with regard to activities assisted under the program,may obtain a financial interest or benefit from an assisted activity; have a financial interest In any contract,subcontract, or agreement with respect to an assisted activity;or have a financial interest in the proceeds derived from an assisted activity, either for him or herself or for those with whom he or she has family or business ties,during his or her tenure or during the one-year period following his or her tenure. SECTION 26. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED A. None of the funds provided under this Contract shall be used for Influencing the outcome of any election,or the passage or defeat of any legislative measure.This prohibition shall not be construed to prevent any state official or employee from furnishing to any member of its governing body upon request,or to any other local or state official or employee or to any citizen information Ill the hands of the employee or official not considered under law to be confidential information, B, No funds provided under this Contract may be used directly or indirectly to hire employees or In any other way fund or support candidates for tite legislative,executive,or judicial branches of government,the State of Texas,or the government of the United States. C, None of the funds provided under this Contract shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award governed by the Byrd Anti-Lobbying Amendment(31 U,S,C. §1352) as the Development Owner and each of its tiers have certified by their execution of the"Certification Regarding Lobbying for Contracts,Grants,Loans, and Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all relevant purposes, SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY A, NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits of,be subjected to discrimination under,or be denied employment in the administration of or In connection with any program or activity funded hi whole or in part with funds made available under this Contract, on the grounds of race, color, religion,sex,national origin, age, or disability, B. EQUAL OPPORTUNITY. Subreci pie nt agrees to carry out an Equal Employment Opportunity Program in keeping with the principles as provided in president's Executive Order 11246 of September 24,1965.Subreciplent must comply with the Equal Opportunity ht Housing(Executive Order 11063 as amended by Executive Order 12259)and it implementing regulations at 24 CFR Part 107, 14 City of Fort Worth,30216010006 DoouSign Envelope iD:BCA432F6-2807-4CF2-BC07-986A13426492 C.ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility standards and fair housing requirements under(1)Section 504 of the Rehabilitation Act of 1973 (S U.S.C. §794)and its Implementing regulations at 24 CFR Part 8, (11)the Fair Housing Act(42 U,S.C. §3601 etseq.) as Implemented by HUD at 24 CFR Parts 100-115,24 CFR§92,250, 24 CFR §92,202 and 24 CFR §5,105(a), (111)Texas Fair Housing Act(Chapter 301 of the Texas Property Code), (iv)Title VI of the Civil Rights Act of 1964, as amended(42 U.S.C, §2000d et seq.), and Implementing regulations at 24 C,F.R. Part 1, and (v)Titles 11 and III of the Americans with Disabilities Act of 1990(42 U.S.C, §§12131-12189;47 U.S.C. §§155,201, 218 and 255)as implemented by U.S. Department of Justice at 28 CFR Parts 35 and 36. D. REASONABLE ACCOMODATIONS, Subreciplents shall operate each program or activity receiving EH Fund financial assistance so that the program or activity,when viewed in its entirety,is readily accessible and usable by individuals with disabilities,Subrecipients are also required to provide reasonable accommodations for persons with disabilities. E. GENERAL, Subrecipient shall make known that use of the facilities and services funded under this Contract are available to all on a nondiscriminatory basis,Subrecipient also must adopt and Implement procedures designed to make available to interested persons Information concerning the existence and location of services and facilities that are accessible to persons with a disability, F,SUBCONTRACTS, Subrecipient shall include the substance of this Section 27 in all of its subcontracts and subgrants. SECTION 28, DEBARRED AND SUSPENDED PARTIES By signing this Contract,Subrecipient certifies that neither it nor its current principal employees, board members,agents,or contractors are presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded by any federal department or agency as provided in the Certification Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C and incorporated herein for all relevant purposes,The terms"covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant","person", "primary covered transaction", "principal","proposal", and "voluntarily excluded", as used In the certification attached as Addendum C, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549,Subrecipient also certifies that it will not award any funds provided by this Contract to any person who Is proposed for debarment under 48 CFR Part 9,subpart 9.4 or that is debarred,suspended,or otherwise excluded from or Ineligible for participation in federal assistance programs under Executive Order 12549, Subreciplent agrees that, prior to entering into any agreement with a potential subcontractors procured by Subrecipient or prior to awarding funds under this Contract to a potential subgrantee,that the verification process to comply with this requirement will be accomplished by checking the System for Award Management("SAM")at www.sam.gov and including a copy of the results in Its project files,Subrecipient may decide the frequency by which It determines the eligibility of Its subcontractors,Subrecipient may rely upon a certification of a prospective subcontractor that is not proposed for debarment Under 48 CFR Part 9,subpart 9.4,debarred,suspended, ineligible,or City of Fort Worth, 30216010006 15 Docuftn Envelope ID:BCA432F6-2607-4CF2-BC07-966A13426492 hat tile ceif voluntarilyereto excluded from the covered transaction,unless Subrecipient knows t s Addenda ic if do its erroneous. Failure of 5ubrecipi ent to ovide saidiciei tile lficatiocertification il disqualify Siubreclpientfrat p ttctpation explanation of why ik cannot pt under'tills Contract,The certlflCatott of axpl tl ne with tills considered cSubreclpient In oshall provide Department's determination whether to continue immediate written notice to Department if at any f by etasoiniof changed ent learns that circumstances,Subrec pient erroneous when submitted or has become erroneousY further agrees by executing this Contract that it will Include the cert d Vorlunta y Fxtcluslve1Suovision tbcontracts," as "Certification Regarding Debarment,Suspension,Ineligibility a set out In Addendum C without modification,and tills language undertills Section 23,In all its subawards. SECTION 29, SPECIAL.CONDITIONS ds er A. lls contract DIRECT DEPOSIT AUTHORIZATION. Department shale nosh authorization formease any formtf omlSubr eciplent. until Department has received a properly completed deposit B.CONSTRUCTION STANDARDS, Subreciplent s a}or rehabilitation ensure lot anat v sitdimeet shelter and Housing ng for which EH Fund r grant funds are used for renovation,conversion,or m andards Uniform Physical Construction Standards,2015 Intenatlonael Residential e a St for Single nnunicipality adopted later version), Minlmunn Energy Efficiency Requirements Construction Activities,and the Accessibility Standards in Title 10,part�,Chapter�,Subchapter i1'of the Texas Administrative Code and any standards required by state or local statute,ordinance, or other regulation, as applicable for the Honneless program and activity, tract ay be used In C, NATIONAL FIRE PROTFCTION of ctedby a hard wired orlbat ery` . None of the funds provided Linder ope rated connection with any dwelling unit unless the unit is protected smoke detector Installed in accot•dance with National Fire protection Association Standard 74. { D.OTHER CONDITIONS, Not applicable. } SECTION 30, NO WAIVER OI'REMEDIES preclude the existence of any Other Any right or remedy given to Department by tills Contract shall not p' exercise at any right or remedy deemed right or remedy, nor shall arty action taken in the remedy an o caslonof ol remedy.The failut'etanf D Sal iglnt to exercise ment to ithafi or�an Yany rihtother right or remedy at a any other right or 1 shall not constitute a waiver of Depot latertime. SECTION 31. ORAL.AND WRITTEN AGREEMENTS A.All oral and written agreements between the parties of this Contract relating to the subject f this Contract have been reduced to writhng and are contained In this Contract and i matter a I. attachments. i. l 16 i l City of Fort Worth,30216010006 DocuS191t Envelope ID:BOA432F6.2807-4CF2-BG07-986A13426492 B.The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: (1)Addendum.A-Certification Regarding Lobbying for Contracts, Grants, Loans,and Cooperative Agreements (2)Addendum B Certification Regarding Drug-Free Workplace Requirements (3)Addendum C-Certification Regarding Debarment,Suspension and Other Responsibility Matters (4)Addendum D--PRWORA Requirements (5) Exhibit A-Performance Statement (6) Fxhibit B—Contract Budget SECTION 32. SEVERABILITY If any section or provision of this Contract is held to be Invalid or unenforceable by a court or an administrative tribunal of competent jurisdiction,the remainder shall remain valid and binding. SECTION 33, COPYRIGHT Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this Contract, Department and the State shall each have a royalty-free,nonexclusive, and irrevocable right to reproduce, publish,or otherwise use,and to authorize others to use,the copyrighted work for government purposes, SECTION 34, USE OF ALCOHOLIC BEVERAGES Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's , employees who use alcoholic beverages while on active duty,for travel expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages, SECTION 35, FAITH BASED AND SECTARIAN ACTIVITY Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as worship, religious instruction or proselytization,and must be for the benefit of persons regardless of religious affiliation. SECTION 36, FORCE MAJURE If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to perform hereunder: A,Any of the following events: (1)catastrophic weather conditions or other extraordinary elements of nature or acts of God; (11) acts of war(declared or undeclared), (III)acts of terrorism, insurrection, 17 j City of Fort Worth,30216010006 � I 1 DocuSign Envelope ID:BCA432F6-2807-4CF2d3C07-986AI3426492 riots,civil disorders,rebellion or sabotage;and(iv) quarantines, disease pandernics, embargoes and other similar Lill Usual actions of federal,provincial,local or foreign Governmental Authorities;and B.The non-performing party is without fault In causing or failing to prevent the occurrence of such event,and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources,workaround plans or other means. SECTION 37, ASSIGNMENT This Contract is made by Department to Subreciplent only. Accordingly,It is not assignable without the written consent and agreement of Department,which consent may be withheld in Department's sole discretion. SECTION 38, TiME IS OF THE ESSENCE Time is of the essence with respect to Subreciplent's compliance with all covenants,agreements,terms and conditions of this Contract, SECTION 39, COUNTERPARTS AND FACSIMILE SIGNATURES This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument.Signed signature pages may be transmitted by facsimile or other electronic transmission,and any such signature shall have the same legal effect as an original. SECTION 40, NUMBER, GENDER Unless the context requires otherwise,the words of the masculine gender shall include the feminine, and singular words shall Include the plural. I SECTION 41, NOTICE A. if a notice is provided concerning this Contract, notice may be given at the following(herein referred to as"Notice Address"); As to Department: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS p,O, Box 13941 Austin,Texas 78711-3941 Attention;Abigail Versyp, Director of Single Family and Homeless Programs Telephone: (512)475-0908 Fax; (512)475-0220 { abigall,versyp@tdltca,state.tx,us 4 i i 18 I City of Fort Worth, 3021.6010006 DocuSign Envelope ID:BCA432.1'6-2807-4CF2-BC07-986A13426492 As to Subrecipient: City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Attention: Fernando Costa,Assistant City Manager Telephone: (817)392-6122 fernando,costa @ fortworthtexas,gov B.All notices or other CommunlCations hereunder shall be deemed given when delivered, mailed by overnight service,or five (5)calendar days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 41, SECTION 42. VENUE AND JURISDICTION Tills Contract is delivered and Intended to be performed in the State of Texas. For purposes of litigation pursuant to tills Contract,venue shall lie In Travis County,Texas. SECTION 43, ALTERNATIVE DISPUTE RESOLUTION In accordance with Section 2306.082 of the Texas Government Code,it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act and the Negotiated Rulemaldng Act(Chapters 2009 and 2006 respectively,Texas Government Code),to assist in the fair and expeditious resolution of internal and external disputes involving the Department and the use of negotiated rulemaking procedures for the adoption of Department rules,As described in Chapter 154,Civil Practices and Remedies Code,ADR procedures include mediation, Except as prohibited by Department's ex parte communications policy, Department encourages informal communications between Department staff and the Subrecipient,to exchange information and informally resolve disputes. Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at any thne the Subrecipient would like to engage Department in an ADR procedure,the Subreciplent may send a proposal to Department's Dispute Resolution Coordinator, For additional information on Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1,17. SECTION 44, LIMITATION ON ABORTION FUNDING A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state law,the Department may not enter into this Contract with an "aborion provider"or an "affiliate"of an abortion provider, as said terms are defined thereunder, if finds under this Contract are appropriated from state or local tax revenue, City of Fort Worth, 30216010006 19 i DocuSign Envelope ID:BCA432F6-2807-4CF2-BC07-986A13426492 B. By execution of this Contract,the Subrecipient hereby certifies that, as a condition of receipt Of any funds under this Contract from state or local tax revenue,it Is eligible to receive said funds, and that it will not utilize said funds In any way contrary to this Section 44 during the Contract Term. SECTION 45. PREVENTION OF TRAFFICKING Subrecipient and its contractors must comply with Section 106(g)of the Trafficking Victims Protection Act of 2000,as amended(22 U.S,C.§7104 et seq.). If Subrecipient or Its subcontractor engages in, or uses labor recruiters,brokers or other agents who engage In any of the prohibited activities under Section 106(g)of the Trafficking Victims Protection Act of 2000, the Department may terminate this Contract and Subrecipient hereby agrees and acknowledges that upon termination,Subreciplent's rights to any funds shall be terminated. WITNESS OUR HAND EFFECTIVE: SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas LFvrtfl0H811M14—.. ocuslgned by' W"(0,r(u G�Va4 By: Name: Fernando Costa Title: Assistant City Manager 8/27/2021 1 3:38:42 PM CDT Date:—_ THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF TIME TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,OR HIS/HER AUTHORIZED DESIGNEE, THIS CONTRACT 1S APPROVED,ACCEPTED AND MADE TO BE EFFECTIVE ON AUG U OF1,2021,AND WILL TERMINATE ON JULY 31, 2022,AS FURTHER DESCRIBED IN SECTION 2 ON DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas pocusiggned by: By. I OO=nnFuaao©��uad ` i Nance: Abigail Versyp Title: Its duly authorized officer or representative 8/27/2021. 1 4:18:47 PM CDT Date: 20 City of Fort Worth, 30216010006 IN WITNESS WHERE,OF, the parties hereto have executed this agreement, to be effective this day of , 20� FOR CITY OF TORT W OR H remand.Costa(Aug 31,M1 12:33 CDT) Fernando Costa Assistant City Manager Date: Aug 31,2021 APPROVAL RECOMMENDED %Ac .-w Tara Perez(Aug 31,2621 12:29 CDT) Aug 31,2021 Date: APPROVED AS TO FORM AND ATTEST; LEGALITY Jo Pate(Aug3 ,202112:30 CDT) 11111_ VV Jo Ann Pate, Assistant City Attorney Ronald Gonzales, Acting City Secretary Date: Aug 31,2021 Date: Aug 31,2021 _. i Coiitract 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, I I t JQAC Tara Perez(Aug 31,2621 12!29 CDT) Tara Perez Manager, Directions Home 1 DoeuSign Envelope 0 BCA432F6-2807-4CF2-BC07-986A13426,192 TEXAS'DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Fy 2021 TEXAS ENDING HOMELESSNESS FUND CONTRACT NUMBER 30216010006 ADDENDUM A CERTIFICATION REGARDING LOBBYING FOR CONTRACTS,GRANTS, LOANS, AND COOPERATIVE AGREEMENTS City of Fort Worth, a political subdivision of the State of Texas The undersigned certifies,to the best of its knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by of oil behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, contract, and dgrant e extension, continuation,renewal,amendment or modification of any Federal cooperative agreement. 2. if any funds other titan Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee Member of Congress,an officer or employee of Congress, or an employoy of a Member of Congress connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit standard form -LLL,"Disclosure Form to Report Lobbying", in accordance with its Instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants,and contracts under grants,loans,and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is material representation of fact on which reliance was placed when this transaction was made or entered into.Submission of this certification is a Prerequisiteperson who fails to file the making entering required tills transaction Imposed by Section 1352,Title 31, U.S.Code.Any pesa { certification shall be subject to a civil penalty of not less than$10,000 and not more titan $100,000 for each such failure. t Statement for Loan Guarantees and Loan Insurance R The undersigned states, to the best of its knowledge and belief,that: 21 City of Fort Worth, 30216010006 Dacuftn Envelope ID:BCA432F6-2II97.4CF2-BC07-98GA13126492 If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress In connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form•-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.Submission of this statement Is a prerequisite for making or entering Into this transaction Imposed by Section 1352,Title 31, U.S, Code,Any person who falls to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure, City of Fort Worth, a political subdivision of the State of Texas Dow Signed by; FLl-f+F.-F+fl4 �.Py�ls By: 655HB613652A464— Name; Fernando Costa Title: Assistant City Manager 8/27/2021 ( 3:38:42 PDi cDT Date: i r City of Fort worth,30216010006 22 1 DocuSign Envelope ID:BCA432F6,2807.4CF2-BC07.986A13426492 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2021 TEXAS ENDING HOMELESSNESS FUND CONTRACT NUMBER 30216010006 ADDED CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS City of Fort Worth, a political subdivision of the State of Texas This certification is required by the regulations implementing the Drug-Free Worl<place Act of 1988.45 CFR Part 76,Subpart, F.Sections 76,630(c) and (d)(2)and 76,645(a)(1)and (b) provide that a Federal agency may designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certlficatlons, and for notification of criminal drug convictions, Forthe Department of Health and Human Services,the t and central point is; Division of Grants Management andoversight, I1 dependeffice Of ncelAvgeni Avenue,SW Washirngton, Department of Health and Human Services,R , DC 20211. The undersigned certifies that it will or will continue to provide a drug-free workplace by; (a) Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession,or use of a controlled substance Is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an ongoing drug-free awareness program to InfOrm employees about- (1)The dangers of drug abuse in the workplace, (2)The grantee's policy of maintahting a drug-free workplace; (3)Any available drug counseling, rehabilitation,and employee assistance programs; and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making It a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a)that,as a condition of employment under the grant, the employee will- (1)Abide by the terms of the statement;and (2) Notify the employer In writing of Ills or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5)calendar days after such conviction; 23 City of Fort Worth,30216010006 E C'. DacuSign Envelope iD:BOA432F6.2807-4CF2-BG07-986A13426492 (e) Notifying the agency in writing,within ten (10)calendar days after receiving notice under paragraph(d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,including position title,to every grant officer or other designee on whose grant activity the convicted enipioyee was working, unless the Federal agency has designated a central point for the receipt of such notices, Notice shall include the identification numbers)of each affected grant; (f)Taking one of the following actions,within thirty(30) calendar days of receiving notice under paragraph(d)(2),with respect to any employee who is so convicted- (1)Taking appropriate personnel action against such an employee, up to and including termination,consistent with tile requirements of the Rehabilitation Act of 1973, as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State, or local health,law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b),(c), (d),(e)and(f). Place(s)of Performance (site(s)for the performance of work done In connection with the specific grant] (include street address, city,county,state,zip code): 1, 2. 3, 4. Workplace identifications Hurst include the actual address of buildings(or parts of buildings) or other sites where work under the grant takes place,Categorical descriptions may be used (e,g.,all vehicles of a mass transit authority or State highway department while in operation,State employees in each local unemployment office,performers in concert halls or radio studlos), If Subreciplent does not identify the workplaces at the time of application,or upon award,if there is no application, the Subreciplent must keep the identity of the workplace(s) on file In its office and make the information available for Federal inspection. Failure to Identify all known workplaces constitutes a violation of the SUbreci pie nt's drug-free workplace requirements. This certification Is a material representation of fact upon which reliance Is placed when the Department awards the grant, if it Is later determined that Subreciplent knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act,Department, In addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. i 24 City of Fort Worth,30216010006 I I DocuS1911 EIMIope ID:BCA432F6-2807-4CF2-BO07-988Ai3426492 City of Fort Worth, a political subdivision of the State of Texas Doa usigned by, F�'tm'40 �l44 $y• M686sw ... Name: Fernando Costa Title: Assistant City Maltager Date: 9/27/2021. 3;38:42 PM CDT E i i i City of Fort Worth, 3021601.0006 25 DocuSign Envelope ID:BCA432F6-2807-4CF2-BC07-986A13428492 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2021 TEXAS ENDING HOMELESSNESS FUND CONTRACT NUMBER 30216010006 ADDENDUM C CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS City of Fort Worth, a political subdivision of the State of Texas The undersigned certifies,to the best of its knowledge and belief,that it and Its prilncipals: (a)Are not presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal or state department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or-had a civil Judgment rendered against them for commission of fraud Ora criminal offense in connection with obtaining, attempting to obtain, or'performing a public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, or,receiving stolen property; (c)Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State or local)with commission of any of the offenses enumerated in section (b)of this certification; (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default; and (e)Will submit to the Department information about each proceeding that occurs during this Contract Term or during the recordi<eeping period that: (1) Is In connection with this award; (2) Reached its final disposition during the most recent five year period;and (3) Is one of the following: 1. A criminal proceeding that resulted In a conviction, as defined below; II. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution,or damages of$5,000 or more; ill. An administrative proceeding, as defined below,that resulted in a finding of fault and liability and your payment of either a monetary fine of,penalty of$5,000 or more or reimbursement, restitution,or damage in excess of$100,000;or Iv. Any other criminal,civil, or administrative proceeding if: City of Fort Worth, 30216010006 26 DocuSign Envelope ID:BCA432F6-2807-4CF2-BC07-966A93426492 1, it could have led to an outcome described in this section (e) paragraph (3) items (1) of this award term and condition; 2, it had a different disposition arrived at by consent or compromise with all acknowledgment of fault on your part;and 3. The requirement in this award term and condition to disclose information about tite proceeding does not conflict with applicable laws anti regulations- (4) Foi- purposes of section (e)of this certification the fallowing definitions apply; L An"administrative proceeding" means a non-Judicial process that is adjudicatory)n nature in order to make a determination of fault or liability(e.g.,Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings),This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant,it does not include audits,site visits,corrective plans,or inspection of deliverables, ii. A "conviction", for purposes of this coaw award coral competent JtroiTisdict onnwh then entersdeans a rupon conviction of a criminal offense by any p a verdict or a plea, and includes a conviction entered upon a plea of nolo contenders. Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract. The undersigned Subrecipient further agrees and certifies that it will Include the below clause titled "Certification Regarding Debarment,Suspension,ineligibility and Voluntary Exclusion- Subcontracts/Lower Tler Covered Transaction,"without modification, in all subrecipient contracts, subcontracts and in all solicitations for subcontracts: "CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION--SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS (1)The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this Proposal. 7.7 City of Fort Worth, 30216010006 DocuSign Envelope 10:BCA432F6-2807-40F?_-BC07-986A13426492 LOWER TIER PARTICIPANT/SUBCONTRACTOR: [Signature] Printed Name: Title: Date: This certification is a material representation of fact upon which reliance is placed when the Department awards the grant. If it Is later determined that Subrecipient knowingly rendered an erroneous certification, in addition to any other remedies available,the Department may terminate this Contract for cause or default. SUBRECIPIENT: City of Fort Worth, a political subdivislon of the State of Texas L Vf uu Name: Fernando Costa Title: Assistant City Manager Date: 8/27/2021. J 3:38:42 M CDT City of Fort Worth, 30216010006 28 i j DocuSign Envelope ID;BCA432F6.2867-4cF2-6C07-986A13426492 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS .FY 2021 TEXAS ENDING HOMELESSNESS FUND ADDENDUM U CONTRACT NUMBER 30216010006 PRWORA REQUIREMENTS City of Fort Worth, a political subdivision of the State of Texas If an individual is applying foi-EH Fund grant funds,a Subrecipient must verify that the individual appiyhng for EH Fund grant funds is a qualified recipient for funding tinder the Personal Responsibility and Work Opportunity Act of 1996("PRWORA"), Pub,L.1.04-193, 11.0 Stat. 210S, codified at 8 U.S,C. §1601 et,seq., as amended by the Omnibus Appropriations Act,1997,Pub, L.104-208, vision that To ensure that a non-qualifled applicant does not receive "public benefits," a the indivlduitical dail's alienage administers"public benefit programs"is required to deterns"���cdi nteru t use the SAVE verification status before granting eligibility. 8 U.S.C. §1642(a)and(b), p system to verify and docunnent qualified alien eligibility once access to the system Is provided by the Department, that are not subject to the Act's restriction on access to public There are certain types of assistance benefits based on Immigration status.This Includes activities ilsafet) deliver ()ido�i��condition the community level, (2) are necessary for the protection of life Y provision of assistance on the applicant's income or resources, Generally,under the EH Fund State Rules, an activity that provides a public benefit to a Household that s Home is not less is exempt, x mp,while an activity that is provided to a Household that Is At-Risk of Homelessness Subrecipient has adopted income-based criteria for tile provision of benefit-assistance, to a t h aid sucan tat h ativity m y be subject to the Act.Yet,same activities do not provide e publicMIS manager performing a Household eligibility determination lic health on 0ttantce for itnnarchase of unp atio�s with t espectito 401(b)(1)(C) of the PM40RA also exempts "pub irimunizable diseases and for testing and treatment of symptoms of Coll)III Lin Ica ble diseases whether or not such symptoms are caused by a communicable disease. If Subrecipient Is unsure of whether or not an activity is exempt from determination Act it should contact the Department before beginning the activity to receive a written CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) SYSTEM Subrecipient shall: (1.) System Use. 29 City of Fort Worth,30216010006 t , t: t , DocuSicgn Envelope iD:BCA432F6-2807-4CF2-BC07-906A13426492 (a) Establish the identity of the applicants and require each applicant to present the applicant's Immigration or naturalization documentation that contains the information (e.g.,alien registration number) required by the SAVE Program; (b) Physically examine the documentation presented by the applicant and determine whether the dOCrtnlent(S) reasonably appear(s)to be genuine and to relate to the individual; (c) Provide to the SAVE Program the Information the SAVE Program requires to respond to Subreciplent requests for verification of immigration or naturalized or derived citizenship status Information,including(1) Information from the applicant's immigration or naturalization documentation for initial automated verification, (2)additional information obtained from the allen's immigration or naturalization documentation for automated additional verification,and (3) completed Forms G-845 and other documents and information required for manual additional verification. For manual only verification,ensure that Forms G-845 and other documents and information requited for manual verification are provided; (d) Ensure that, prior to using the Verification Information System, all employees designated by Subreciplent to use SAVE on behalf of the Subreciplent(Users) performing verification procedures complete SAVE required training Including: reading the SAVE Program Guide,taking the latest version of Web tutorial(s), http://www.Ltscls,gov/save/what-save/save-webinars, and maintaining a working knowledge of requirements container{therein and in this Contract as updated. Documentation of training must be maintained by the Subreciplent for monitoring review; (e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification procedures; (f) Ensure all Users performing verification procedures comply with all requirements contained In the SAVE Program Guide,web-based tutorial,this Contract, and updates to these requirements; (g) Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE Monitoring and Compliance.Contact Information can be found at http://www.uscis.gov/portal/site/uscis/menultem.ebl,d4c2a3eSb9ac89243c6a7S43f6dla/?vgne xtoid=Od37dffd7902931OVgnVCM 100000082ca6OaRCRD&vgnextchannel=Od37dffd7902931OVg I riVCM 1.00000082ca 6Oa RCRD (h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subreciplent initiates a request for verification; I j (I) Use any information provided by DNS-USCIS under this Contract solely for the purpose of determining the eligibility of persons applying for the benefit Issued by the Subreciplent and limit use of such information in accordance with this and all other provisions of this Contract; l 1 I City of Fort Worth,30216010006 30 DocuSIgn Envelope iD:BCAM32F6-2807-4CF2-BC07-986A13426492 (j)Comply with the requirements of the federal Information Security Management Act ("FISMA")(PL-107-347),Title IiI,Section 301 and OMB guidance as applicable to electronic storage,transport of records between agencies, and the internal processing of records received by either agency under the terms of this Contract; (Ic)Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract and protect Its confidentiality; including ensuring that It is not disclosed to any unauthorized person(s)without the prior written consent of DHS-USCIS. Each applicant seeing access to Information regarding him/herself may do so by submitting a written signed request to DHS-USCIS. instructions for submitting request may be found at http://www,uscis,gov/USCIS/Verif Ica tion/SAVE/SAVE_Native_Documents/fact_Sheet_HowToCo rrectYoui•Recor r dswithUSCiS,pdf(subject to revision and eposthng on the SAVE Website and Online Resources); (1) Comply with the Privacy Act, 5 U,S,C. §552a, the Texas Public Information Act and atheI applicable laws,regulations, and policies, including but not limited to all OMB and DHS privacy guidance,in conducting verification procedures pursuant to this Contract,and In safeguarding,, maintaining,and disclosing any data provided or received pursuant to the Contract; (m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon the national origin, color,race,gender, religion, or disability of the applicant; (n) Provide all benefit-applicants who are denied benefits based solely or hn part on the SAVE response with adequate written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct their records in a timely manner,if necessary,A Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted at http://Www,uscls,gov/USCIS/Verification/SAVE/SAVE_Native_hoctmients/Fact_S11eet_._HowToCo r'rectYoirrRecordswithUSCiS,pdf, (subject to revision and reposting on the SAVE Website and Online Resources); (o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the opportunity to use the Subrecipletit's existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision,if necessary;and (p) Refrain from using SAVE, or assisting any person or entity,to comply with the employment eligibility verification requirements of Section 274A of the Immigration and Nationallty Act, 8 U.S.C, §1324a, (2) Monitoring and Compliance. (a)Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse,fraudulent use or improper use of SAVE by 31 City of Fort Worth, 30216010006 DocuSign Envelope 0:BCA432F6-2807-4CF2-BC07-986A13426492 the Subrecipient, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C, §552a or other applicable authority; (b) Notify the Department's Compliance Division Immediately whenever there is reason to believe a violation of this agreement has occurred; (c) Notify the Department's Compliance Division Immediately whenever there is reason to believe an information breach has occurred as a result of User or Subrecipient action or inaction Pursuant to Office of Management and Budget(OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable information;" (d)Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use,abuse, misuse, fraudulent use or Improper use of SAVE by any User,including, but not limited to original applicant consent documents required by the Privacy Act,5 U.S.C. §552a or other applicable authority; (e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review Subrecipient's compliance with this Addendum D and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; (f)Allow Department and SAVE Monitoring and Compliance to perform audits of Subreciplent's User Ids use and access,SAVE Training Records,SAVE financial records,SAVE biographical Information,system profiles and usage patterns and other relevant data; (g)Allow Department and SAVE Monitoring and Compliance to Interview any and all Users and any and all contact persons or other personnel within the Subrecipient's organization or relevant contractors regarding any and all questions or problems which may arise h) connection with the Subrecipient's participation in SAVE; (h)Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum D and the SAVE Program requirements by Its authorized agents or designees;and (1)Take corrective measures h a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste,fraud,and abuse,and discrimination or any misuse of the system,non-compliance with the terms,conditions and safeguards of this Addendum D,SAVE Program procedures or other applicable law,regulation or policy. (3) Criminal Penalties. (a) DHS-USCIS reserves the right to use information from the Department or Subrecipient for any purpose permitted by law, Including, but not limited to,the prosecution of violations of Federal administrative or criminal law. City of Fort Worth,30216010006 32 DocuSlgn Envelope iD:BGA432F6-2007-4CF2-B007-986AI3426492 (b)The Subrecipient acknowledges that tite information it receives from DHS-USCIS is governed by the Privacy Act, 5 U.S.C.§552a(i)(1),and that any parson who obtains this Information under false pretenses or uses it far any purpose other than as provided for In this Contract may be subject to criminal penalties. (4) Third Party Liability, (a) Each party to this Contract shall be solely responsible for its own defense against any claim or action by third parties arising out of or related to the execution and/or performance of this Contract,whether civil or criminal,and retain responsibility for the payment of any corresponding liability. (b) Nothing in this Contract is Intended,or should be construed,to create any right or benefit, substantive or procedural,enforceable at law by ally third party against the United States,Its agencies, officers,or employees,the State of Texas, its agencies,officers,or employees,or the Subrecipient. (5) Points of Contact. Abigail Versyp Director of Single Family and Homeless programs Texas Department of Housing and Community Affall Community Affairs Division P.O. Box 13941 Austin,TX 78711-3941 phone: (512)475-0908 Email:abigail.versyp@tdltca.state.tx.us USCIS SAVE Program MS 2620 U,S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2620 r ATTN:SAVE Operations Phone: (888)464-4218 Email:saveregistration@dhs.gov USCIS SAVE Monitoring and Compliance MS 2640 ( U.S. Citizenship and immigration Services i Department of l iomeiand Security Washington, DC 20529-2640 phone: (888)464-4218 Email:save,monItoring@dhs.gov I 33 City of Fort Worth, 30216010006 I DocuSign Envelope ID:BCA432F6-2807-4CF2-BC07-986A13426492 (6) Certification. The undersigned hereby certifies to the Texas Department of Housing&Community Affairs that all information herein is true and correct to the best of their knowledge and belief.The purpose of this statement is to certify that City of Fort Worth: CX Is NOT a private nonprofit charitable organization and is an entity created by State Statute and affiliated with or is a state or governmental entity(such as a housing finance agency, public housing authority, unit of local government, council of governments,county, etc.) Certification must have the signature from a representative with authority to execute documents on the Subrecipient's behalf. SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas OOCUSIBud by; ByBy-, � ; RSF�IR$ FF9ddR4 Name: Fernando Costa Title: Assistant City Manager Date;8/27/2021 l 3:38:42 PM CDT City of Fort Worth, 30216010006 34 DocuSign Envelope ID:6CA432F6-2807-4CF2-BC07-986AI3426492 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2021 TEXAS ENDING HOMELESSNESS FUND CONTRACT NUMBER 30216010006 EXHIBIT A PERFORMANCE STATEMENT City of Fort Worth, a political subdivision of the State of Texas Subreciplent shall carry out the following activities Identified herein by implementing a Texas Ending Homelessness Fund("EH Fund") for homeless assistance, prevention, emergency shelter operations, essential services, case management, and administration as stated in 10 TAC§7.27 and in accordance l with the El-1 Fund State Rules, Close-Out Perlod: Ends forty-five(45)calendar days after the Contract Term Contract Term; August 1,2021—July 31., 2022 Service Area: City of Fort Worth Program Activities Subreciplent agrees to perform the following measurable activities: A.Served 1. Persons entering EH projects: 4 2, Persons experiencing Homelessness served with essential services: 0 }' 3, Persons At-risk of Homelessness served with essential services: 0 �- 4. Persons served with Homeless Assistance ("HA"): 4 S. Persons served with Homelessness Prevention("HP"): 0 6. Persons who used a day or night shelter: 0 7. Persons served with Case Management: 0 B.Outcomes 1. Persons experiencing Homelessness who maintained housing for three months after HHSP exit: i 2, Persons At-risk of i-lomelessness who maintained housing for three months after HHSP exit: 0 C. New Beds 1, New beds created through Shelter Construction: 0 2. New beds created through Shelter Rehabilitation: 0 3, New beds created through Shelter Conversion: 0 City of Fort Worth, 30216010006 35 DocuSign Enve(ope ID:BCA432F6-2807-40F2-BC07-986A13426492 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2021 TEXAS ENDING HOMELESSNESS FUND CONTRACT NUMBER 3021.6010006 EXHIBIT B CONTRACT BUDGET City of Fort Worth, a political subdivision of the State of Texas L DEPARTMENT FINANCIAL OBLIGATIONS Additional funds may be obligated via Amendment(s)during the Contract Term. Funds may only be obligated and expended during the current Contract Term,and reported during the Close-Out Period. Unexpended fund balances will be recaptured. II. BUDGET FOR AVAILABLE ALLOCATIONS ADMINISTRATION $3,626.00 CASE MANAGEMENT SALARY $0,p0 CONSTRUCTION/REHABILITATION/CONVERSION $0,0Q ESSENTIAL SERVICES $0.00 FINANCIAL ASSISTANCE-HOMELESS ASSISTANCE $48,178,00 FINANCIAL ASSISTANCE-HOMELESSNESS $0,00 PREVENTION OPERATIONS $0,00 �}PAS TOTAL FUNDS AWARDED $51,804,00 ill, FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS; Denotes that the SUbreciplent must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories, Only those written request(s) from the Subrecipients received at least thirty(30)calendar days prior to the end of the Contract Term will be reviewed.The Department may decline to review written requests received during the final thirty(30)calendar days of the Contract Term, 1 City of Fort Worth, 30216010006 36 Exhibit"H" Certification. CERTIIr'ICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARVEXCLUSION SUBCONTRACTS/LOWED TIER COVERED TRANSACTIONS The prospective lower tier participant/subcontractor certifies,by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in. this transaction by any Federal department or agency. Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. This certification is a material representation of fact upon which reliance is placed when the City awards the subgrant. If it is later determined that Agency knowingly rendered an erroneous certification,in addition to any other remedies available,the City may terminate this Agreement for cause or default. LOWER TIER PARTICIPANT/SUBCONTRACTOR: [Signature] Printed Name: Title: Date: Page 46 of 48 CITY OF FORT WORTH AGREEMENT FOR ENDING IIOMELT;SS FONDS—FORT WORTH HOUSING SOLUTIONS CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS,LOANS,AND COOPERATIVE AGREI+,MENTS By executing this Agreement, Agency certifies, to the best of its knowledge and belief, that: 1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance withits instructions. 3, The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is material representation of fact on which reliance was placed when this transactionwas made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 foreach such failure. Statement for Loan Guarantees and Loan Insurance Agency states, to the best of its knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United Statesto insure or guarantee a loan, the undersigned shall complete and subunit Standard Foran-LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statementis a prerequisite for malting or entering into this transaction imposed by Section 1352,Title 31, U,S, Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Page 47 of 48 CITY OF FORT'WORTH AGREEMENT FOR ENDING HOMELESS FUNDS--FORT'WORTH HOUSING SOLUTIONS LOWER TIER PARTICIPANT/SUBCONTRACTOR: [Signature] — — — Ninted Name: Title: Date: Page 48 of48 CITY OF FORT WORTH AGREEMENT FOR ENDING HOMELESS FUNDS--FORT WORTH HOUMIG SOLUTIONS City of Fort Worth, Texas Mayor and Council Communication DATE: 08103/21 M&C FILE NUMBER: M&C 21-0513 LAG NAME: 02RATIFY ACCEPTANCE OF ENDING HOMELESSNESS FUNDS SUBJECT (ALL)Ratify Application for and Authorize Acceptance of Grant From the Texas Department of Housing and Community Affairs for Ending Homelessness Funds in the Amount of$51,804,00,Authorize Execution of Related Agreement,Authorize Execution of Subgrant Agreement with Housing Authority of the City of Fort Worth DBA Fort Worth Housing Solutions to Provide Rental Assistance, Find that the Subgrant Agreement Serves a Public Purpose,and Adopt Attached Appropriation Ordinance RECOMMENDATION• It is recommended that the City Council: 1. Ratify application for and authorize acceptance of grant and execution of contract will)the Texas Department of Housing and Community Affairs(TDHCA)for the Ending Homelessness Funds for$51,804,00; 2. Authorize the execution of subgrant agreement with Fort Worth Housing Solutions in an amount up to$51,804.00 to provide rental assistance to at least four permanent supportive housing clients; 3, Find that the subgrant agreement serves the public purpose of ending chronic homelessness and that adequate controls are III place;and 4. Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the Grants Operating State Fund in an amount up to$51,804,00,subject to receipt of the grant,for the purpose of funding rental assistance for permanent supportive housing clients. DISCUSSION., The 85th Texas Legislature passed House Bill 4102,which was enacted to be effective on September 1,2017.The act amended Subchapter H, Chapter 502,Transportation Code to add Section 502,415,Voluntary Contribution to Ending Homelessness Fund.This section allows registrants of a motor vehicle in Texas to elect to contribute any amount of funds to the newly established Ending Homelessness fund.The funds must be utilized to provide grants to counties and municipalities to combat homelessness, The City of Fort Worth(City)was notified that it was awarded$51,804,00 of Ending Homelessness funds because of Its participation in the Homeless Housing and Services Program. The grant tern is August 1,2021 to July 31,2022, The eligible activities are the same as the Homeless Housing and Services Program, I The City subgrants Homeless Housing and Services Program funds to Fort Worth Housing Solutions to provide rental assistance for permanent supportive housing clients in an effort to reduce chronic homelessness. The City will use the Ending Homelessness funds in the same way-to provide rental assistance to at least four chronically homeless clients referred to Fort Worth Housing Solutions by Tarrant County Homeless Coalition.By approval of this M&C,the City Council finds that funding the subgant agreement will meet the public purpose of helping to end chronic homelessness and(fiat adequate controls are in place through the contract to ensure that the public purpose is carried out. Upon acceptance,the grant will begin on August 1,2021,The City's Directions Home unit will administer the Ending Homelessness funds and monitor the sub-grantee,Fort Worth Housing Solutions.The subgrant agreement will be from August 1,2021 to July 31,2022, An Assistant City Manager is authorized to execute the contracts. A Form 1295 is not required because:This contract will be with a governmental entity,stale agency or public institution of higher education:Texas Department of Housing and Community Affairs, Fort Worth Housing Solutions 1 FISCAL INFORMATION/CERTIFICATION; i The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available In the current operating budge(,as appropriated,in the Grants Operating State Fund. The City Manager's Office(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being Incurred,the City Manager's Office has the responsibility to validate the availability of funds. This is a reimbursement grant, Suhmlited for Clty Manager's OfNce bk Fernando Costa 6122