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HomeMy WebLinkAboutContract 56877CSC No. 56877 NOW THEREFORE, the Parties for the mutual consideration included herein agree to enter into the following Agreeinent. AGI2EEMEI+IT DOCUMENTS: The Agreement documents shall include the following: 1. This Agreement for Rental Assistance and Administration; 2. Exhibit "A" — Scope of Services; 3. Exhibit "B" — Budget; 4. Exhibit "C" — Reimbui•sement Request Form 5. Exhibit "D" — Reporting Forms 6. Exhibit "E" -- Request for Buaget Moclification Form 7, Exhibit "F" — Required Grant Provisions 8. Exhibit "G" — Executed Contract between Texas Department of Housing and Community 9. Exhibit "H" Affairs and City - Certifications Exhibits "A", "B", "C", "D", "E", "F", "G", and "H" which are attached hereto and incoiporaied herein, are made a part of this Agi'een �en � fo�� all puiposes�� In�the e� ent of any�conflict between the terms and conditions of Exhibits A, B, C, D, E, F, G or H and the terms and conditions set foi�th in the body of this Agreeinent, the terms and conditions of this Agreement shall conhol. 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 inore particularly described in Exhibit "A" — Scope of Seivice. 1.2 Program Performance. 1.2.1 Agency agrees to maintain full documentation supporting the performance of the worlc and fiilfillment of the objectives set forth in Exhibit "A." 1,2,2 Agency agrees to provide a monthly repol�t in the form attached as Exhibit "D" to document the performance of the worlc described in Exhibit "A". 1.2,3 Agency agreed to provide a quarterly report in the form attached as Exhibit "D" to document the performance of the worlc 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 inonths), Agency shall also provide a quarterly report with the CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 2 of 54 aggregate inforination requested therein along with its inonthly repoi-t 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, tlle City may document for future corrective action. If, by the last day of the same month, Agency has not submitted the required reports, City will send a non-compliance letter notifying Agency's duly authorized representative of a possible suspension of program funding. 1.2.5 Agency agrees to complete a Corrective Action Plan (CAP) in the event of three (3) consecutive months or six (6) non-consecutive months with incomplete or incorrect submissions of a Reimbursement Request Form or report. Agency also agrees to complete a Corrective Action Plan for recut-�ing 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 September l, 2021 ("Effective Date") and shall expire on August 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 $223,565.00 ("Program Ftiinds") and the FY 2021 funds inust be used first, and shall be paid to Agency on a reimbursement basis. Agency shall not perform any additional services for City not speciiied by this Agreement unless City requests and approves in writing the additional costs for such services. Ciiy shall not be liable for any additional expenses incLured by Agency not specified by this Agreeinent unless City first approves such expenses in writing. If City determines in its sole discretion that this Agreement s�h Exh bit eB",7which shala n lude the noi to exceedl amount to be the City shall provide an update paid to Agency on a reimbursement basis during the renewal term. 3.2 Payment of the Program Funds fi•om City to Agency shall be made on a cost- reimbursement basis following receipt by City from Agency of a signed Reimbursement Request Form ("RRF") as described in Exhibit "C" along with copies of all receipts and other supporting documentation. The RRF' and reports shall be submitted to City no later than the 15th day following CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 3 of 54 the end of the month. Submittal of a monthly RRF and repol-ts is required even if services are not provided. 3.3 The inonthly IZRF' should be sequentially numbered and include expense documentation that is detailed, clear and concise. All invoices should be sent electronically to our centralized Accomzts Payable departinent invoice email address: supplierinvoices@fortwoi�thtexas,gov. Programinatic submissions should now be submitted as part of the invoice, as they are due on the same date. Agency's emails shall include the following in the subject lilie: Vendor name, Invoice number, and PO nuinber (ex: Example, Inc._123456_FW002-00000001234) Agency's subject line(s) shall read as follows: HOUSING AUTHORITY OF THE CITY OF FORT WORTH_CITYSQUARE HHSP YOUTH #### FW002_0000000### Additionally, the following requirements apply to ensure the system can successfiilly process invoices in an expedient manner: . . . attachment. . . . All invoices must be either a PDF or TIFF format. 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 No handwritten invoices or invoices that contain handwritten notes. Dot mah�ix 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 Fo1�t Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; . Invoice date; and . Invoices to be submitted after delivery of the goods or services. Reimbursements will not be made until after receipt of an acceptable and approved R.RF and monthly report as required. Reimbursements shall be made within 30 days receipt of said docuinents. Incoinplete or incorrect submissions will be returned to the Agency for resubmission, restarting the 30-day reimbuisement schedule. 3.4 Any modifications in the original approved budget inust have prior written permission from City before the inodifications are made, The Budget Modification Form (Exhibit "E") inust be submitted, and request inust be approved by City, before any rnoney is moved to the line-item. CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOTJTH— CITYSQUARE Page 4 of 54 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 amoLult of Program Funds. Agency shall be solely responsible for any money spent in excess of the not to exceed ainount included in this Agreement for the then-cui�ent term. 3.5 Agency will document cost allocations for all budgeted expenses tluoughout the enti�ety of the Agreement and will be responsible for having a policy and proced�uo�eltinlef or this documentation. Specifically, Agency will document how all shared costs, p � equipment that was fiilly 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 docuinentation of the cost allocations shall be made available to the City upon request. 3.6 The City reserves the right to reject any budget modification that the City believes, in its sole discretion, is not clearly aligned with the program activities and any requests for reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit "D" of this Agreement or an approved budget modification form. 3.7 Budget adjustments shall be submitted via 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 Pai-ty with 60 days' written notice of terinination. 4.2 Duties and Obli�ations of the Parties. In the event that this Agreement is terininated prior to the Expiration Date, City shall pay Agency for seivices actually rendered up to the effective date of termination and Agency shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Agency sha11 provide City with copies of all completed or pal�tially coinpleted 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 inachine 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 ihat Agency has made fiill disclosLue in writing of any ex venithapan ��c�onfli t�s of inte est arise �afte to Agency's services undei this Agreement. In the Y CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FIJNDS FOR YOUTH— CITYSQUARE Page 5 of 54 the Effective Date of this Agreement, Agency hereby agrees to malce fiill 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 thi�d party without City's prior written approval, and (ii) shall abide by all of the standards of conf'identiality of client informaiion ("Client Information") in its performance of its duties and obligations under this Agreement including birt not limited to those standards, rules and regulations regarding confidentiality required by HMIS and TCHC. Notwithstanding the above, the parties agree that Agency is subj ect to and will comply with all requirements of the Texas Public Information Act, and disclosures made in compliance with such Act involving City Inforination and Client Information will not be deemed a breach of this paragraph, "Client Information" is define duals be pu�pe ved by the p o�g a ent as personal, demographic, or treatment data about the indivi g 5.3 Unauthorized Access. Agency shall siore and maintain Ciiy Information and Clieni 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 Inforination 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 unauth�i�ado�nfiom fu�he unauthorized disclosure, City to protect such City Information or Client In 6, RIGHT TO AUDIT. Agency agrees that City shall, until the ���ina�en ed during he�s d 3pyears, h ve�access Agreement, or the final conclusion of any audi a ers to and the right to examine at reasonable tiines any directly pertinent boolcs, documents, p p 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 ha�e access during normal worlcing 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. �, INDEpENDENT CONTRA.CTOR. It is expressly understood and agreed that Agency shall operate as an independent contractor as to all rights and privileges and worlc performed under this Agreeinent, 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, CITY OF�FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 6 of 54 servants, employees, consultants and sub vendors. Agenc� e s� a� nts�gervants and �en�ployeesf r�espondent sztper�io�° shall not apply as between City, its off , g and Agency, its officers, agents, einployees, servants, vendors and sub vendors. Agency further agrees that nothing herein shall be construed as the c� Cit shall p nonway�be cons dered a Co- between City and Agency, It is further understood that nts, servants, einployees or sub vendor employer or a Joint employer of Agency or any officers, ag of Agency. Neither Agency, nor any officers, agentslt e1A nenc shall be iespons bleda 1d 1 able fo shall be entitled to any employment benefits from C y g Y ents, any and all payinent and reporting of taxes on behalf of itself, and any of its off'icers, ag servants, employees or sub vendors. g, LIABILITY AND INDEMNIFICATION. AGENCY COVENANTS AND AGREES TO INDOFFICERS, A E NTS, S RVAN � DEFEND, AT IT S O W N E X P E N S E, C I T Y A N D I T S AND EMPLDYEES FROM AND AGAINST ANY A� NJURY, INCLUDING DEATH, �O PROPERTY LO S S O R D A M A G E A N D/ O R P E R S O N A ANYAND ALL PERSONS, OF WHATSOEVER I�IND ECTION WITH THE EXECUTION, OR ASSER TED, ARISING O UT OF OR IN CONN PERFORM�I.NCE, ATTEMPTED PERFORM�].NCE � Tj S AND SER CES OF TTHE CONTRACT AND/OR THE OPERATIONS, ACTIVI PROGRAM DESCRIBED HEREIN, WHETHER OR � CERS,U AG NTS�HSERVANTS, PART, BY ALLEGED NEGLIGENCE OF OF EMPLOYEES, CONTRACTORS OR SUBCONTRA ONSIBILITY OF� C�� AND ITS HEREBY ASSUMES ALL LIABILITY AND RESP OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANYAND ALL CLAIMS OR SUITS FOR PROPERTYLOSS OR DAMAGEANI��OR �PE� � IN�SJORYCHARA � ER, DEATH, TO ANY AND ALL PERSONS, OF WHATS WHETHER REAL OR ASSERTED, ARISING OUT OFJ OIR IN pE FORT IMA_NCEITH T OR EXECUTION, PERFORMANCE, ATTEMP NONPERFORMANCE OF THIS CONTRACT AND/ORn HEREIN�WHETHERC OR NOT AND SERVICES OF THE PROGRAM DESCRIBE CAUSED IN WHOLE OR IN PART BY ALLEGEDOR SUBCONTRACTORS OF CITY. AGENTS, SERVANTS, EMPLOYEES, CONT.RACTOR AGENCY LII�EWISE COVENANTS AND AM AND AGAIN� ANY ANDRALL INDEMNIFY AND HOLD HARMLESS CITY FRO INJURY, DAMAGE OR DESTR UCTION OF PROPEONS OF AGENCY,SIITS OFFOCERS, IN CONNECTION WITH ALL ACTS OR OMISSI 1NV1'TEES, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOEMPLOYEES,4CONTRACTORS OR NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, SUBCONTRACTORS OF CITY. CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FiINDS FOR YOUTH— CITYSQUARE Page 7 of 54 IT IS THE EXPRESS INTENTION OF THE PAR �� NCLUDESEINDEMNITY BY THAT THE INDEM N I T Y P R O V I D E D F O R T H I S S E C T AGENCY TO INDEMNIFY AND PROTECT CITY F GENCE SA�LEGQD TO BE THE CITY'S OWNNEGLI ING CA� SE OF THE IN URYGDAMAGE OR DEATH. SOLE OR CONCURR AGENCYAGREES TO AND SHALL RELEASE �'I �LL LIABILITY� FOR INJURY, OFFICERS AND LEGAL REPRESENTATIVES FROM DEATH, DAMAGE OR LOSS TO PERSONS OR NCE UNDER THIS CONTRACT, CONNECTION WITH OR INCIDENTAL TO PERFORMA EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTIlACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRASUBSTANTIALLY THE SAME RELEASE AND INDEMNITY IN FAVOR OF CITY IN FORMAS ABOVE. This section shall survive the expiration or termination of this Agreement. 9, ASSIGNMEN'1' Aivi� aun��,1.11.�>� �__ ._- 9,1 Assi____�nment. Agency shall not assign or s�ubsent of C ty If City� grants boig ei t to or rights under this Agreement without the prior written c an assignment, the assignee shall execute a written agr eement wiih City and Agency under which the assignee agrees to be boluld by the duties and obllgaa��ons o Agencylundert his Agg e me Zt Agency and Assignee shall be jointly liable for all ob g prior to the effective date of the assignment. 9.2 Subc.__.__.ol?tia�t: If City grants consentteementunde wli �bco bc n°ac oalshall ag ee written agreement wrth Agency ieferencing this Agi to be bound by the duties and obligations of Agency under tlfillAgxecut d copy�of any�such obligations may apply. Agency shall provide City with a y subcontract. 10. INSURANCE. Agency shall provide City with certificate(s) of uisurance documenting policies of the following types and minimum coverage limits tllat are to be in effect prior to commencement of any worlc pursuant to this Agreement: 10.1 Covera�e and Luluts (a) Commercial General Liability: CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOOTH— CITYSQUARE Page 8 of 54 �1,000,000 - $2,000,000 - (b) Each Occurrence Aggregate Automobile Liability: $300,000 - Each occui7ence on a coinbined 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 aily vehicle owned, hired and non-owned. ��� Worlcer's Compensation: Statutory liinits according to the Texas Worlcers' Compensation Act or any other state worlcers' coinpensation laws where the work is being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit 10.2 General Requirements (a) The commercial general liability and automobile liability policies name City as an add lude 1 ts ei ployees�l� officerste offic a sy agents, term City shall volunteers in respect to the contracted services. shall The and (b) The worlcers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (�) A minimum of 30 days' notice °f Ten da s' notice sha 1 be a cep able n coverage shall be provided to City. Y the event of non-payment of of this A ree nent shall be sent to City as provided in the Notice section g (d) The insurers for all policies mu 1ebs must ha e��a minpmum�iating ob Ain��� u1 the State of Texas. All msu in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Rislc Management. If the rating is below that required, written approval of Rislc Management is required, CITY OF FORT WORTH AGR�EMENT FOR HOM�LESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 9 of 54 (e) Any failure on the part of City to request required insurallce docuinentation shall not constitute a waiver of the insurance requirement. (� 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, ORDII�tANCES, RULES AND REGULATIONS. Agency agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and 1oca1 1aws, ordinances, rules and regulations, the requirements in Exhibit F pertaining to performance, reporting, and compliance, and that any worlc 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, rtiiles or regulatious, Agency shall immediaiely desist fiom and coi7�ect the violation. 12. NOl\1-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 CLAIIVI ARISES FROM AN ALLEGED VIOLATIOI�t OF THIS NON- DISCRIMINATION COVENANT BY AGENCY, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUB VENDORS OR SUCCESSORS IN INTEREST, AGENCY AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM, TO THE EXTENT PERMITTED BY LAW. This section shall survive the expiration or termination of this Agreement. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by facsinule with electronic conf'irmaiion of the transmission, or (3) received by the other Party by United States Mail, registered, return receipt requested, addressed as follows: To City: City of Fort Worth City Manager's Ofiice Attll: Tara Perez, Dzrectio��s Ho»��e To Agency: CitySquare Attn: Dr. John Sibui-t 1610 S. Malcolm X Blvd. CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 10 of 54 200 Texas Street Fort Worth, TX 76102-6314 Phone: (817) 392- 2235 With copy to City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Dallas, TX 75214 Phone: (214) 823-8710 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 undeistood and agreed that by execution of this Agreement, neither the City not the Agency waives or surrenders any of their governmental powers or immunities. Notwithstanding the forgoing, FWHS agrees that if FWHS is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, inchtding death, to pelsons or property, FWHS hereby expressing waives its rights to plead defensively such inununity or exemption as against the City. This section shall not be constructed to affect a governmental entity's immunities under constitutional, statutory or conunon law plead against any other entity other than the City. 16. I�tO 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 asser-t any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern Dist�ict of Texas, Fort Worth Division. 18. SEVERABILITY. CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page ll of 54 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Agency shall exercise their best efforts to meet their respective duties and obligations as set foi-th i�1 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, inclltding, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strilces, locicouts, natural disasters, wars, riots, epidemics or pandeinics, material or labor restrictions by any governmental authority, transpol�tation 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 MajeLu�e 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 COle1TROLLING. 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. ItEVIEW OF COUNSEL. The Parties acicnowledge that each Pai�ty and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits "A", "B", "C", "D", "E", "I'" "G", and "H". 22. AMENDMENTS/ 1VIODIFICATIONS/ EXTENSIONS. No amendment, inodification, or extension of tlus Agreement shall be binding upon a Party hereto unless set forth u1 a written instrument, which is exectirted by an auihorized representative of each Party. 23. ENTIRETY OF AGREEMEIVT. CITY OF FORT WORTI-I AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FDNDS FOR YOiJTH— CITYSQUARE Page 12 of 54 This Agreement, inchiding Exhibits "A", "B", "C", "D", "E", "F", "G" anci "H" contains the entire under•standing 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 ali purposes, be deemed an ar�iginal, but all such counterpar•ts shall together constitute one and the same instrument. F��i:`/_�:77_�►i1 i1�L�7 �T.y��if[�l�f.� Agency warrants that its services will be of a professional quality and conform to generally prevailing industry siandards. City inust give written notice of any breach of this wai7anty witlun 30 days from the date that the ser•vices are completed. In such event, at Agency's option, Agency shall either (a) use coinmercially 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. IMIVIIGRATION NATIONALITY ACT. Agency shall verify the identity and employment eligibility of its employees who perfor•m worlcing under this Agreement, including compleiing the Employment Eligibility Verification Form (I-9). Upon request by City, Agency sliall provide City with copies of all I-9 forms and supporting eligibility documentation for each einployee who perform worlc under this Agreeinent. Agency shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. AGENCY SHALL, TO THE EXTENT ALLOWEED BY LAW, INDEMNIFY CITY AI�iD HOLD CITY HARMLESS FROlVI ANY PENALTIES, LIABILITIES, OR LOSSE� DUE TO VIOLATIONS OF THIS PARAGRAGH BY AGEI�TCY, AGENCY'S ElVIPLOYEES, SUBCONTRACTORS, AGENCTS, OR LICENSEES. City, upon written notice to Agency, shall have the right to immediately ter•minate this Agreeinent for violations of this provision by Agency. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, worlc papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Worlc Product"). Further, City shall be CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUAR� Page 13 of 54 the sole and exclusive owner of all copyright, patent, trademarlc, trade secret and other proprietary rights in and to the Worlc Product, Ownership of the Worlc Product shall inure to the benefit of City froin the date of conception, creation or fixation of the Worlc Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Worlc Product shall be considered a"worlc-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Worlc 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 Worlc Product, and all copies thereof, and in and to the copyright, patent, tradeinarlc, trade secz•et, and all other proprietary rights therein, that City may have or obtain, without further consideration, fi•ee from any claim, lien for balance due, or rights of retention thereto on the part of City, 28. CHANGE IN COMPAI+IY NAME OR OWI�IERSHIP 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 accompaiued with supporting legal documentation such as an updated W-9, documents iiled with the state indicating such change, copy of the board of director's resohition approving the action, or an executed mez•ger or acquisition agreeinent. Failure to provide the specified documentation so may adversely impact fiiture invoice payments. 29. SIGNATUI2E AUTHORITY AND ELECTRONIC SI 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 eiliering iuto this Agreement or any amendment hereto, This Agreement may be executed by electronic signature, which will be considered as an original signature for a11 purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically insei�ted via software such as Adobe Sign. 30. Y: ISRAEL ��7►1 CTING WITH COMPANIES THAT BOYC If Agency has less than ten einployees, this contract is for less than $100,000, or Agency does not meet the deiinition of a"company" iulder the applicable section of the Texas Government CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 14 of 54 Code, this provision shall not apply. Agency acicnowledges that in accordance with Chapter 2270 of the Texas Govermnent Code, the City is prohibited from entering into a contract with a company for goods or ser•vices ltnless the contract contains a written verification fi•oin the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Govermllent Code. By signing this contract, Agency cei�tifies that Agency's signature provides written verificatioiz to the City that Agency: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Agency acicnowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or seivices that has a value of $100,000 or more that is to be paid wholly or pai�tly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written veriiication from the coinpany that it: (1) does not boycott energy companies; and (2) will not boycott eneigy companies during the term of the contract. The terms "boycott energy company" and "coinpany" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, � 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Agency cei�tiiies that Agency's signature pr•ovides written verification to the City that Agency: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AIVIMUNITION INDUSTRIES Agency acicnowledges that except as other•wise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited fi•om entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly fi•om public funds of the City with a coinpany with 10 or more fiill-time einployees unless the contract contains a written verification fi•om the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or iirearm trade association; and (2) will not discriminate during the term of the contract against a fuearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "fuearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Governrrient Code, as added by Acts 2021, 87th Leg., R.S., S,B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Agency certifies that Agency's signat�u e provides writteil verification to the City that Agency: (1) does not have a practice, policy, guidailce, or directive that discriminates against a firearm entity or fn•earm trade association; and (2) will not discriminate against a firearm entity or firearm trade association dui�ing the term of this Agreement. CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 15 of 5�1 33. CONFIDEI�ITIAL II�IFORMATION Agency aclulowledges that both the Agency and the City are a governtnental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Agency aclalowledges that this agreement will be publicly available on the City's website, and Agency is therefore waiving any claim of confidentiality, whether based in statute or the coinmon law, to any and a11 materials contained as pa1�t of this agreement including all documentis and information referenced herein or attached hereto. 34. WAIVER OF IMMUNITY BY AGENCY If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City, This Section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or coinmon law. [SIGNATURE PAGE TO FOLLOW] CITY OF FORT WORTFi AGR�EMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS FOR YOUTH— CITYSQUARE Page 16 of 54 John Siburt (Dec 17, 2021 16:13 CST) President/CEO CitySquare John Siburt Dec 17, 2021 Tara Perez (Dec 17, 2021 16:15 CST) Tara Perez (Dec 17, 2021 16:15 CST) 21-0512 Jo Pate (Dec 17, 2021 16:41 CST) Fernando Costa (Dec 17, 2021 17:01 CST) Dec 17, 2021 Jannette S. Goodall (Dec 20, 2021 06:49 CST) Jannette S. Goodall EXHIBIT "A" �� � . - . . . . � . � ., - City�quare will do the following: Agency shall comply with all requirements in the attached TDHCA contract, except for those that require the City of Foi�t Worth to submit information to TDHCA, — including eligible expenses, programmatic and financial reporting, and compliance — as set forth in Exhibits F and G. Agency shall pay rental assistance to landlords of HHSP-Youih clients on a continuous basis, Although the clients may change, Agency shall provide rental assistance and case management to at least 10 clients during the term of this Agreement. Eligible clients are those who are literally homeless in the City of Fort Worth, between the ages of 18-24 at program entry, have income at or below 50% of Area Median Income, have assets less than $10,000 and lacic support networlcs, meet criminal bacicground requirements and be referred by Tai-�•ant County Hoineless Coalition. Agency shall pay application fees, apai�tment administrative fees, security deposits, high rislc fees and opportunity fees as funds are available and in consultation with Directions Horne staff. High risk fees are extra charges for tenants without a rental history, with an eviction history, with a criminal justice histoiy and/or without income. Agency will: • Follow all provisions of the Standard Operating Procediues • Receive referrals from Tarrant County Homeless Coalition (TCHC) and notify TCHC when slots are open • Conduct intalce to verify client qualifies for HHSP-Youth program • Submit complete client pacicets for all new clients • Assist clients in gathering necessary information for lease applications and completing lease applications; • If a client is not approved for a lease based on criminal history, credit histoiy, or rental/tenant lustory, a case manager shall help the client, with good faitll and due diligence, mitigate and resolve the issue as quicicly and to the extent possible. • Attend all necessary interviews and meetings between the client and potential or current property management. Supportive Services Agreement — Exhibits Page 18 of 54 • As needed, provide assistance to IZRII clients to obtain necessary household items; • Provide support and services consistent with Housing First practices to those RIZI-I clients who voluntarily choose to utilize such services in the interest of housitig retention, including bui not limited to: o Providillg an initial needs assessment and development of individualized clieni- based solution centered services plans for each consenting R.RI I client, including periodic evaluation and modiiication of the tenaut housiug plan; o Refer or facilitate appropriate suppoi�t services necessary for housing retention and positive community integration may include, but not be liinited to, assistance with: ■ Employment readiness and job search; ■ Obtaining employment or obtaining higher paying employment; ■ Educational and/or training opportunities; ■ Money management and paying rent on time; ■ Obtaining mainstream benefits; ■ Socialization suppoi-t; • The case manager will worlc with RR.I-I Clients to develop a plan to increase income within two weelcs of being housed. Increasing income can include obtaining employment, obtaining higher paying einployment, and/or applying for mainstream beneiits. • The case manager will offer services once a week for the first tlu�ee (3) months of tenancy and then assess client needs to determine level of continued support needed and provide that level of support. However, at a minimum, the case manager must malce contact twice each month with the client, including at least one in-person meeting. • Enter client records in Homeless Management Information System (HMIS) within tluee (3) days of service provision • Submit on time monthly and quarterly reports Evaluation: Evaluation meetings will be held with Directions Home staff to continually evaluate progranl and Agency shall coinply as necessary and in good faith. Financial reporting: Reimbursement Request aild any necessaiy supporting documentation and reports will be submitted by the 15t�' of every month in format of Exhibit "C". Supportive Seivices Agreement — E�hibits Page 19 of 54 Programmatic reporting: Monthly reports will be submitted by the 15th of every month in for•mat of Eahibit "D". Quarterly reports will be submitted by the 15t�' of December, March, June and September in the format of Exhibit "D". Supportive Sei•vices Agreement — Exhibits Page 20 of 54 EXHIBIT "B" BUDGET B-1 Term for TDHCA Contract # 1�216010006 Endin� February 28, 2022 A�ency will submit invoice for reimbursement by the 15tt' of the month followin� the month services were provided. This report shall itemize each monthly expense requested for reitnbursement by the Agency and shall be included in Budget submitted. In order for this report to be complete the following inust be submitted: For payroll expenses, timesheets signed and dated by both the employee and supervisor with the pr�og�°carn firi�d code of iiine being billed to City /D'u•ections Home. Electronic time sheets are acceptable but must show c�c�te timestamp of employee submission and supervisor approval. Paystub must inchide 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 Reimbtusement Request with the exception of the first Reimbursement Request which may include items fi�om the Effective Date of the Agreement to the end of the repol�ting month or with written permission from Directions Home staff so long as such changes are otherwise in accordance with the Agreement. For non-payroll expenses, invoices for each expense listed. Agency may not subinit invoices dated 60 calendar days prior to the date of the Reimbursemeilt Request with the exception of the first Reimbursement Request which may include items fi•oin the Effective Date of the Agreement to the end of the reporting inonth or with written permission fi•om 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 checics. If a cancelled checic is not possible, a banlc statement with the expense highlighted and labeled will suffice, If allocations percentages are used, all documentation must be subinitted with the first month's invoice and if changes are made, new allocation documentation submitted with invoice. For the audit, bai�lc statements showing paymenis, Form 941s a�id allocation documentation will be reviewed. Suppoi•tive Selvices Agreement — Exhibits Page 21 of 54 PROGRAM COSTS ( Total $79,419.00 A. AI)MII�ISTRATION - SAI,ARIES (By title) _ . SALARIES TOTAL: ADMINISTRATION - FRINGE BENEFIT� (Can include: Employer-paid Social Security, Medicare, Health Insurance, Dental Insurance, Vision Insurance, Life Insurance, Disability Insurance, Unernployment Insurance, Worlcers Compensation and Retireinent expensesl FRINGE BENEFITS TOTAL: ADMINISTRATIONX TOTAL: B. HOMELE�S ASSISTANCExx 0 �: � I 1 C. ESSENTIAL SERVICES**x D. CASE MANAGEMENTx Y x x E 33.00 TOTAL PROGRAM COST: $79,419.00 _ xAdministration costs include employee compensation and related costs for staff performance of manageinent, repol�ting and accounting of HHSP activities, including office space. Costs associated with the pnrchase of licerising of HMIS or an HMIS-comparable databases are eligible administrative costs. X�'Homeless Assistance costs are associated with housing relocation, stabilizaiion and assistance costs. Staff time entering information into HMIS or an HMIS-comparable database related to homeless assistance is also an eligible cost. Homeless assistance costs include, but are not limited to, hotel or motel costs; transitional housing; rental and utility assistance; rental arrears; Lrtility reconnection fees; reasonable and customary security and utility deposits; and moving costs. *xx Essential services costs are associated with finding and maintaining stable housing; and include, but are not limited to, costs far•: out-patient medical seivices, child care, education seivices, legal services, mental health services, local transportation assistance, and drug and alcohol rehabilitation arld job training. x*** Case inanagement costs include staff salaries related to assessing, arranging, coordinating and monitoring the delivery of services related to illlding or maiutaiiung housing. Costs include, but are not limited io, Household eligibility determination, counseling, coordinating services and obtaining mainstream benefits for Program Participants, monitoring Program Participant Supportive Services Agceement — Exhibits Page 22 of S�t progress, providing safety plaruling for persons under VAWA, developing a housing and service plan, and entry into HMIS or ai1 HMIS-comparable database. Supportive Services Agreement — �lhibits Page 23 of 54 EXHIBIT "B" BUDGET B-2 Term for TDHCA Contract 1\10. 18226010006 Endin� Au�ust 31, 2022 bmit ror reimaux ent by the 15t�' of the month followin� the month services were provided. This report shall itemize each monthly expense requested for reimbursement by the Agency and shall be included in Budget submitted. In order for this report to be complete the following must be submitted: For payroll expenses, timesheets signed and dated by both the employee and supervisor with the pr�ogr�ccrn fi�r�cl code of time being billed to City /Directions Home. Electronic time sheets are acceptable but must show c�ccte timestamp of employee submission and supervisor approval. Paystub must include pay period, date paid, amount and expenses (salary, FICA, benefits etc). If pay stlibs are unavailable, payroll registries with applicable expenses highlighted and labeled will sufiice. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request with the exception of the first Reimbursement Request which may include items from the Effective Date of the Agreement to the end of the reporting month or with written permission from Directions Home staff so long as such changes are otherwise in accordance with the Agreement. For non-payroll expenses, invoices for each expense listed. Agency may not submit invoices dated 60 calendar days prior to the date of the Reiinbursement Request with the exception of the iirst 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 checics. If a cancelled checic is not possible, a bai�lc statement with the eYpense 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 inade, new allocation documentation submitted with invoice. For the audit, banlc statements showing payments, Forin 941 s and allocation documentation will be reviewed. Supportive Services Agceement — Exhibits Page 24 of 54 ___ _. _ __ _ _ PROGRAI�I CO�TS j Total $144,156.00 A. ADIVIII�tISTRATIOlot - SALARIES (By title) � Accounting Manager Vice President Public Policy & Govet7unent Affairs Staff Accountant _ __ __ . _SALARIES TOTAL: . . __ _ � _ $5,045.00 ADMINI�TRATION - FRINGE BENEFITS . _ _ __ .. _ _ _ __ (Can include: Employer-paid Social Security, ; Medicare, Health Insurance, Dental Insurance, Vision ' Insurance, Life Insurance, Disability Insurance, ( Unemployment Insurance, Workers Compensation and Retirement expenses) _. . _ _ _ . FRINGE BE101EFITS TOTAL: j $1,105.00 _ _ _ _ I __ _ , _ _ __ � __ ADMINISTRATION* TOTAL: $6,150.00 (_ . . _ _ _ __ _ B. HOMELESS ASSISTANCEX* � $103,586.00 - . , - _ i � _ . .._ _ . _ . . . C. ESSENTIAL SERVICESYxx $750.00 .. . . _ _ _ � D. CASE MANAGEMENTx*Xx I . $33,670.00 , . ! . _ __ . . _ � _ TOTAL PROGRAM COST: __ ( $144,156.00_ XAdministration costs include elnployee coinpensation and related costs for staff performance of management, reporting and accounting of HHSP activities, including office space. Costs associated with the purchase of licensing of HMIS or an HMIS-comparable databases are eligible administrative costs. XxHomeless Assistance costs are associated with housing relocation, stabilization and assistance costs. Staff time entering inforination into HMIS or an HMIS-comparable database related to homeless assistance is also an eligible cost, Homeless assistance costs include, but are not linuted to, hotel or motel costs; transitional housuig; rental and utility assistance; rental arrears; utility reconnection fees; reasonable and customary security and utility deposits; and moving costs. xX� Essential services costs are associated with finding and maintaining stable housing; and include, but are not limited to, costs for: oirt-patient medical seivices, child care, education services, legal services, mental health services, local transportation �ssistance, and drug asld alcohol rehabilitation a11d job training. SLipportive Services Agreenlent — E�hibits Page 25 of 54 Yxxx Case management costs include staff salaries related to assessing, arranging, coordinating and moniioriug the deliveiy of services related to finding or maintaining housing. Costs inchtde, but are not limited to, Household eligibility deterrnination, counseling, coordinating services and obtaining mainstreain beneiits for Program Participants, monitoring Program Participant progress, providing safety planning for persons under VAWA, developing a housing and service plan, and entry into HMIS or an HMIS-comparable database. Supportive Services Agi•een�ent — E�hibits Page 26 of 54 EXHIBIT "C" REIMBURSEMEI+IT REQUEST FORM Expenses Name of employee or Amount Date Checic client Invoiced No. Expense: Personnel Salary Salary Salary Salai•y Total: FICA (Medicare/Social Security) FICA (Medicare/Social Secut•ity) FICA (Medicare/Social Security) Health Insm•ance Health Insurance Health Insurance Dental Insurance Dental Insurance Dental Insurance Life Insui•ance Life Insurance LifeInsurance Disability Insurance Disability Instu•ance Disability Insurance Retu�ement Retuement Retirement Unemployment Insurance Unemployment Insurance Unemployinent Insurance Wol•1<ers Compensation Worlceis Compeiisation Workers Compensation Total of all Benefits: Mileage Mileage Mileage Mileage Total: Cell phone Cell phone Supportive Services Agreement — Eahibits Page 27 of 54 Cell phone Cell Phone Total: Type of Client Ex ense/Vendor Client Expense Total: Operations/Vendor: Operations Total: Other Other Total: Total Invoiced Amount Attestation Contractor: Program: Name of Person submitting re ort: Date Range Covered by this re ort: I have reviewed tl�is report and certify that it is a complete, accurate, and up-to-date reflection of the services rendered under the terms of our Agreeinent with the City of Fort Worth. Signahire: Total A B � p E Budget Category Admin - Salaries Admin - Fringe Benefits Admin — Other Essential Services Case Management Homeless Assistance Other Total Total Previous This Budget Reimbursements Month's Amount Requested Request Total Request to Date (B+D) Remaining Balance Available (A-D) Supportive Seivices Agreement — Exhibits Page 28 of 54 EXHIBIT "D" REPORTING FORMS Quarterly Report Current Reporting Quarter Submitting Agency Contact Name Phone Number and Email Please include outcome narrative that desci•ibes how measure was accomplished for each quarter. Effectiveness Measures and Quarterl " Outcomes ' Measure 1 Agency will serve at least 10 clients with case management and rental assistance duling the contraCt pellod (In the notes, list the clients' names (iirst initial, last name) who were approved for rental assistance and case rnanagement each quarter) Outcome Measure 2 Of those who eYit the HHSP Youth Project, at least three will maintain housing for thtee monihs aftei' exit. (In the notes, list the clients' names (first initial, last name) who exited thi•ee �nonths prior and the milnber who were housed vs. the total numbei• who exited three months rior Oactconte Measure 3 At least 90% of clients will sign a lease within 30 days of program enrollment (In the notes, list the clients' nalnes (first initial, last name) who leased up and the number leased up in 30 da s vs. the total number leased u that uarter . Oactco�ne Measure 4 Less than 15% of clients will return to homelessness one year after program exit (List the clients who have exited at least one year ago and whether they returned to homelessness) O[rtco»2e I have reviel,t�ed this r•epo�°t and certify thczt the measi�t�•es p���oviclec� crr�e acci�rute a��c� czppr��opr�iately r^eflect the Di�°ectio»s Home gocals set for�th in� the co��tr•ctct. Authorized Signatory Date Signatoiy Title Supportive Services Agreement — Exhibits Page 29 of 54 Monthly Report I Texas Depai•tment of Housing and Community Affairs Supplemental HHSP Monthly Report Collection Form Subrecipient or Vendor Name: Conh�act Number: Contract Term: HHSP Monthly Performance R Total Components for Persons Enterin Total Components for Households Enterin� 0 Persons Enteri Households 0 Enterine Month Is this report adjusting a prior inonth? If "Yes", what is the reason for the adjustment request? C�] 0 Suppoi•tive Sei•vices Ag1•eement — E�chibits Page 30 of 54 Persons in at least one special Victims of Domestic Violence Unaccompanied Children (Under 18) Unaccompanied Youth (18-24) Parenting Children and Youth (24 and Children of Parenting Youth (Under 18) Veterans Essential Services - Homeless 0 Pei•sous Essential Services - At 0 Risic Peisons 0 I HA Persons I HP Assistance 0 Persons Persons Using Day/Night 0 Shelter Case Management- Homeless 0 Persons Case Management- At Risk 0 Persons Essential Services - Homeless 0 Households Essential Services - At Risk 0 Households I HA 0 Households HP Assistance 0 Households Households Using Day/Night 0 Shelter Homeless Persons Maintained 0 3+ Months Homeless Households Maintained 0 3+ Months At Risk Persons Maintained 0 3+ Months At Risk Households Maintained 0 3+ Months 0 Case Management- Homeless 0 Households 0 Case Management- At Risk 0 Households 0 I Sheltei• Beds 0 Consh�ucted Shelter Beds 0 Rehabilitated Shelter Beds 0 Converted I TL Beds 0 Consh�ucted TL Beds Rehabilitated TL Beds Converted n � � [I; � � Supportive Services Agreement — E�ibits Page 31 of 54 Monthly Report II If the new Tarrant County Homeless Coalition software system is able to pull data included in monthly repoi�ts included herein and Directions Hoine staff confirins and agrees in writing, those reports can be substituted for repol�ts included herein. Enter all clients on this report. Name/HMIS Date Date Days to Income at Income at �p Enrolled Housed Housed Enrollment Discharge 0 ,, Amount increase $ $ Y n - Y n - iJ n - Y n - � n - u Supportive Services Agreement — Eahibits Page 32 of 54 n - Date discharged Agen Returns at 3 months Returns at 6 months Returns at 1 vr Date Returned Supporiive Services Agreeinent — E��ibits Page 33 of 54 EXHIBIT "E" ItEQUEST FOR BUDGET MODIFICATION I'ORM I hc�ve reviel-ned th�is reqi�est ancl cey°tify tlzat th�e listed modificcrtions crr�e correct. Authorized Signatoiy Date 0 Modification Approved Staff Signature Title 0 Modification NOT Approved Date Page 34 of 54 Suppoi•tive Services Agreement — EYhibits • All proposed changes must have prior written City approval EXHIBIT "F" GRANT REQUIREIVIENTS Agency must comply with TDHCA regulations contained or referenced in this Exhibit "F" or Exhibit "G". As Subgrantee, Agency assumes all responsibilities of the City as subrecipient with the exception of expenditure and performance reporting and drawing funds through the TDHCA Contract System. Sections from TDHCA Contract No. 18226010006 Section 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS, AND AUDIT REQUIREMENTS a, COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS. Except as expressly modiiied by law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set foi•th 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 reimbuised to Subi•ecipient reimburseinent to Subrecipient by any Department; or are subject to source other than 2. are not allowable costs, as set forth in the provisions of the HHSP State Rules and Section 8(B) of tllis Contract; 3. are not strictly in accordance with the terms of this Contract, including the exhibits; � 5. have not been repoi•ted to Depai•tment within the Close-Out Period of this Contract; or are not incurred during the Contract Term. d. ACCESS. Department reserves the right to conduct additional audits of the funds received andperformances rendered under this Contract, Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records Page 35 of 54 Supportive Services Agreement — EYhibits and io 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 andfinancial performance and/or records of worlc performed under this Contract, f. AUDIT CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an "Audit Certification Form" (available from the Department) within two (2) months after the Subrecipient's fiscal year end in accordance with 10 TAC § 1.403. Section 9. RECORDKEEPING REQUIREMENTS a. GENERAL, Subrecipient shall comply with all the recordlceeping requireinents and shall maultaiiifiscal and programmatic records and suppoi�ting documentation for all expenditures made under this Contract in accordance with the UGMS Section III, Common Rule: State Uniform AdministrativeRequirements for Grants and Cooperative Agreeinents, Subpart C—Post Award Requirements, _.42. Subrecipient agrees to comply with any changes to the UGMS' recordkeeping requirements and 10 TAC §7.8 b. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written policies and procedures toensure that sufficient records are established and maintained to enable a determination that HHSP requirements are being met. The written standards must be applied consistently for all Program Participants. The written standards must include, but are not limited to Inclusive Marlcetingas identified in 10 TAC �7.10. c. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC �7.28(g), Subrecipient sha11 inaintain Program Participant files, for non-emergency activities providing direc� 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 i•epresentatives, shall have theright to access and to examine and to copy, on or off the premises of Subrecipient, all boolcs, accounts, records, reports, files, and other papers or property belonging to or in use by Subrecipient pertaining to this Contract. Subrecipient agrees to inaintain 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 maintaul 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) yeais that Page 36 of 54 Suppoi•tive Sei•vices Agreement — E��ibits starts on the day the Single Audit is due or would bedue if the Single Audit requirements are not triggered, except if any litigaiion, 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 coinpletion of the action and resohition of all issues which arise from it, or until the end of the required recordlceeping period as described herein, whichever is later. f. OPEN RECORDS. Subrecipient acicnowledges 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 subcontractsand subgrants. Section 15. SUBAWARDS a. Subrecipient may not subcontract the primary responsibilities of this Contract, including but not limited to expenditure and perforinance repoi-ting and drawing fi.inds 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 liinited to having documentation that Subrecipient checiced the appropriate federal and state records for debarred and suspended parties in accordance with UGMS Subpai�t C— Post Award Requirements, 35, 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, ll. a. Subrecipient will notify the Department and provide contact information for subgrants or subcontractors within thirty (30) calendar days of the effective date of subcontract. Contact information for the entities with which the Subrecipient subgrants or subcontracts must be providedto the Department, inchiding; organization name, naine and title of authorized person who entered into the subgrant or subcontract, phone number, e-mail address, and type of services provided. b. In no event shall any provision of this Section be construed as relieving Subrecipient of the Page 37 of 54 Supportive Services Agi•een7ent — Exhibits 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 Sub�•ecipient, Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval under this Section does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. SECTION 25. CONFLICT OF INTEREST a. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. Failure to inaintain written standards of conduct and to follow and enforce the written standards is a condition of default underthis Contract and may result in termination of the Contract or deobligation of funds. b. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member ofhis or her immediate family, his or her partner, or an organization which employs or is about to employ alry 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 fi•om contractors, or parties to subagreeznents. 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 sha11 provide for disciplinary actions to be applied for violations of such standards by officers, einployees, or agents of the Subrecipient d. The provision of any type or amount of HHSP assistance may not be conditioned on an individual's or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient, Subgrantee or a parent or subsidiary of the Subrecipient. e. No Subrecipient may, with respect to individuals or families occupying housing owned by the Subrecipient, or any parent or subsidiary of the Subrecipient, carry out the initial intalce requued forProgram Participant files under Seciion 9(C) of this Contract \ f. For transactions and activities other than the procurement of goods and services, no officers, employees, and agents, including consultants, ofiicers, or elected or appointed officials of the Subrecipient, Subgrantee, or subcontractor who exercises or has exercised any functions or responsibilities with respect to activities assisted under HHSP contracts, or who is in a position toparticipate in a decision-malcing 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 Page 38 of 54 Supportive Services Agreement — Exhibits agreeinent with respect to an assisted activity; or have a financial interest in the proceeds derived fi•om an assisted activity, either for him or herself or for those with whom he or she has fanuly or business iies, during his or her ienure or during the one-year period following his or her tenure SECTIOI�127. NONDISCRIIVIINATION, FAIR HOUSING, EQUAL ACCESS AI�D 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 ofor in connection with any prograin 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 OPPORTLTNITY. Subrecipient agrees to carry out an Equal Employment OpportunityProgram in lceeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. Subrecipient must comply with the Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order 12259) and it implementing regulations at 24 CFR Pai-t 107 c. ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility standards and fair housing requirements under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and itsimplementing regulations at 24 CFR Part 8, (ii) the Fair Housing Act (42 U.S.C. §3601 et seq.) as implemented by HUD at 24 CFR Parts 100-115, 24 CFR §92.250, 24 CFR §92.202 and 24 CFR §5.105(a), (iii) Texas Fair Housing Act (Chapter 301 of the Texas Property Code), (iv) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. �2000d et seq.), and irnplementing regulations at 24 C.F.R. Part 1, and (v) Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §�155, 201, 218 and 255) as implemented by U. S. Depai•tment of Justiceat 28 CFR Parts 35 and 36. d. REASONABLE ACCOMODATIONS. Subrecipients shall operate each prograin or activity receivingHHSP financial assistance so that the program or activity, when viewed in its entirety, is readily accessible and usable by individuals wiih disabilities. Subrecipients are also required to provide reasonable accommodations for persons with disabilities. e. GENERAL. Subrecipient shall make lalown that use of the facilities and services funded Lulder this Connact are available to all on a nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to malce available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability. Page 39 of 54 Supportive Seivices Agreement — Exhibits £ SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of itssubcontracts and subgrants. SECTION 2�.DEBAItRED 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 Certiiication Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C and incoiporated herein for all relevant purposes. The terms "covered trailsaction", "debai7ed", "suspended", "ineligible", "lower tier covered transaction", "pai�ticipant", "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 certiiies that it will not award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR Pai�t 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 Subr•ecipient or prior to awarding funds under this Contract to a potential subgrantee, that the verification pr•ocess 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 deterinines the eligibility of its subcontractors. Subrecipient may rely upon a certification of a prospective subcontractor that is not proposed for debarment under 48 CFR Pai�t 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient lcnows that the certification iserroneous. Faihire 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. Subrecipientfiu•ther agrees by executing this Contract that it will include the certiiication 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 40 of 54 Suppoi•tive Services Agreement — Exhibits Trafiicl�ing Section 106(g) of the Trafficl�ing Victims Protection Act of 2000 as amended (22 U.S.C.7104) �7104. Prevention of hafficldng (cr) Ecorrorr��ic c�lte�°natives to prevent and deter� t�°cafficl�ing The President shall establish and carry out international initiatives to enhance econoinic opportunity for potential victims of trafficicing as a method to deter trafficicing. Such initiatives may include— (1) microcredit lending programs, training in business development, slcills training, and job counseling; (2) programs to promote women's participation in economic decision inalcing; (3) programs to keep children, especially girls, in elementary and secondaiy schools, and to educate persons who have been victims of trafficicing; (4) development of educational curricula regarding the dangers of trafficicing; and (5) grants to nongovernmental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries. (b) Publr.'c alvcn°eness crr�d infor�rnatzon (1) In ge���er�al 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 cai7y out programs to increase public awal�eness, pai�ticularly among potential victims of trafiicicing, of the dangers of trafficicing and the protections that are available for victims of trafficicing. (2) G��crnts to assist in tl�e r°ecognition of t�°crfficicing (A) Definitions In this paragraph: (i) ESEA ter•n�s The terms elementaiy school", "local educational agency", ha�e the meanings given the terms in section 7801 of title 20. trafficking. "other staff', and "secondary school" (ii) High-inter�sit�� ch�ilcl sex h°a�cki���g crrea The term high-intensity child sex trafficicing area" means a metropolitan area designated by the �� Director of the Federal Blueau of Investigation as having a high rate of children involved in sex (zti) L�abo��° t�°a�cking The term "labor trafficking" means conduct described in section 7102(9)(B) i of this title. (zv) School staff The term "school staff' means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools. (v) Sex t�°afficlzr.�rg The term "sex trafiicicing" means the conduct described in section 7102(9)(A) 1 of this title. Page 41 of 54 Supportive Services Agree�nent — Eahibits (B) h2 genei^ul 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, nongovermnental agency, to establish, expand, and support programs— (i) to educate school staff to recognize and respond to signs of labor trafficicing and sex trafficicing; and (ii) to provide age-appropriate information to students on how to avoid becoming victims of labor irafficicing and sex trafficicing. (C) Pr•og�°c��n r�elitif°ements Ainounts awarded under this paragraph shall be used for (i) education regarding— (I) avoiding becoming victims of labor trafficicing and sex trafficking; (II) indicators that an individual is a victim or potential victim of labor trafficking or sex t�afficl�ing; (III) options and procedures for refet-�ing such an individual, as appropriate, to information on such trafficl�ing and seivices available for victims of such nafficicing; (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 trafficicing. (D) PJ^ioi^it�� In awarding gi•ants under this paragraph, the Secretary shall give priority to local educaiional agencies serving a high-intensity child sex trafficicing area. (c) Bord.er• zr7te�°diction � The President shall establish and carry out programs of border interdiction outside the United States. Such programs shall include providing grants to foreign nongoverrunental organizations that provide for transit shelters operating at key border crossings and that help train survivors of trafiicicing in persons to educate and train border guards and officials, and other• local law enforcement officials, to identify ti•afficicers and victims of severe forms of trafiicicing, and the appropriate manner in which to treat 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 identiiication 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 trafficicing victim who is fi•eed to return to his or her previous residence if the victiin so chooses. (d) b��ter°ncrtioncrl n��edia 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 trafficicing, and to inerease awareness of the public in countries of destination regarding the slave-lilce practices and other human rights abuses involved in traffielcing, ineluding fostering linlcages between individuals worlcing in the media in different countries to determine the best methods for informing such populations through such media. Page 42 of 54 Suppoi•tive Seivices Agreement — Etihibits (e) Com�batir2g inter�nationc[I sex toz[r�ism. (1) Development and disse�ni��cltion of rr��crterials The Pr•esident, pursuant to such regulations as may be prescribed, shall ensure that materials are developed and disseminated to alert tra�elers that sex tourism (as described in subsections (b) tluough (fl 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 foz•eign destinations where the President determines that sex tourism is signiiicant. (2) Nlonito���ing of complia»�ce The President shall monitor compliance with the requirements of paragraph (1). (3) Feasibilit�� r�epo�°t Not later than 180 days after December 19, 2003, the P�•esident shall transmit to the Coinmittee on International Relations of the House of Representatives and the Corrunittee on Foreign Affairs of the Senate a report that describes the feasibility of such United States Governrrient inaterials being disseminated through public-private partnerships to individuals traveling to foreign destinations. (� Conszrltation req�ir•em�e���t The President shall consult with appropriate nongovernmental organizations with respect to the establishnient and conduct of initiatives and programs described in subsections (a) tluough (e). (g) Termznatio��. of cey°tcrin g�°unts, co�2tr°czcts and cooper��ati��e ag�°een2en�ts The President shall ensure that any grant, contract, or cooperative agreement provided or entered into by a Federal department or agency under which fitnds are to be provided to a private entity, in whole or in pai�t, shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, or talce any of the other remedial actions authorized under section 7104b(c) of this title, without penalty, if the graniee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brolcers, or oiher agents who engage in— (1) severe forms of trafiicicing 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 trafficicing 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. (B) Failing to provide return transportation or pay for return transportation costs to an employee from 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 froin the requirement to provide or pay for such return transpo�-tation by the Federal department or agency providing or entering into the gr•ant, contract, or cooperative agreement; or (ii) the employee is a victim of human traificking seelcing victim services or legal redress in the country of employment or a witness in a human trafficicing enforcement action. (C) Soliciting a person for ihe purpose of employment, or offering employment, by means of materially false or fiaudulent pretenses, representations, or promises r•egarding that employment. (D) Charging recruited employees placement or recruitment fees. (E) Providing or arranging housing that fails to ineet the host country housing and safety standards. Page 43 of 54 Supportive Services Agreement — Exhibits (l�) Pr•evention of'tr�afficlzzng in cor�jir��ction 1-nit1� post-conflict and hziman�itca�°icrn. e�nergen�cy assistc�nce The United States Agency for International Development, the Department of State, and the Department of Defense shall incorporate anti-trafiicking and protection measures for vulnerable populations, particularly women and children, into their post-conflict and humanitarian emergency assistance and program activities. (i) Aclditioncrl �r�.ec�sit�°es to pr�eve�zt anc� deter• tr•uff clzir�g The President shall establish and cai7y out programs to prevent and deter h•afficicing in persons, including— (1) technical assistance and other support to improve the capacity of foreign governments to investigate, identify, and cariy out inspections of private entities, including labor recruitment centers, at which trafficicing victinzs may be exploited, particularly exploitation involving forced and child labor; (2) technical assistance and other support for fo�•eign governments and nongovernmental organizations to provide immigrant populations with information, in the native languages of the maj or immigrant groups of such populations, regarding the rights of such populations in the foreign country and local in-country nongoverrunental organization-operated hotlines; (3) technical assistance to provide legal frameworlcs and other programs to foreign governments and nongovernmental organizations to ensure that— (A) foreign nugrant worlcers are provided the saine protection as nationals of the foreign country; (B) labor recruitment firms are regulated; and (C) worlcers providing domestic seivices in households are provided protection under labor rights laws; and (4) assistance to foreign governments to register vulnerable populations as citizens or nationals of the country to reduce the ability of trafficicers to exploit such populations. (j) P�°evention of chzld t�°afficl�ir�.g th�r�oitgh chzld nza�°r°ictge 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 giris at rislc of child marriage in developing countries; (3) that should address the unique needs, vltlnerabilities, 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. (k) Agency cactio�z to p�°event firndirrg of hi�rnan tr�cr�cl�ing (1) In gene�°ccl At the end of each fiscal year, the Secretaly of State, the Secretary of Labor, the Administrator of the United States Agency for International Developinent, and the Director of the Ofiice of Management and Budget shall each submit a report to the Adminishator of General Seivices that illchides— (A) the name and contact information of the uidividual 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 XVII of t11e 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. 1 et seq.) that is related to any subject matter referred to in clause (i) or (ii); Page 44 of 54 Supportive Services A��eement — EYhibits (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) evahiating steps contractois ha�e talcen to correct any such violation; (D)(i) the number of contracts containing language referring to the laws and regulations listed in subparagraph (A); and (ii) the number of contracts that did not contain any language referring to such laws and regulations; (E)(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 subcont�acior, or an individual outside of the contract); (F)(i) the number of such allegations investigated by the agency; (ii) a summary of any findings from such investigations; and (iii) any improvements recommended by the agency to prevent such conduct fi•om recurring; (G)(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 talcen 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 trafficicing in persons; or (ii) a contract was terininated 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 forms of trafiicicing in persons; (J) any interagency meetings or data sharing regarding suspended or disbarred contractors or subcontractors (at any tier) for severe forms of trafficicing 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) App���opriate con.g�°essioncrl comnzittees In this subsection, the term "appropriate congressional coinmittees" ineans— (A) the Committee on Foreign Affairs of the House of Representatives; (B) the Coinmittee on Armed Services of the House of Representatives; (C) the Committee on Education and the Worlcforce of the House of Representatives; (D) the Cormnittee on the Judiciary of the House of Representatives; (E) the Committee on Oversight and Governtnent Reform of the House 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 Judiciaiy of the Senate; and Page 45 of 54 Supportive Services Agreement — E�hibits (I) the Coininittee on Health, Education, Labor, and Pensions of the Senate. (l) hzfor•mation r�egctrc�in�g I�.t�r��Un tr°ctffr.c7�inga°elcrted visc� den�icrls (1) h�. gene�•al The Secretary of State shall ensure that the Office to Monitor and Combat Trafficicing 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 huinan trafficicing. (2) Decisao��s �°egarc�ing c�lloccrtion. The Secretary of State shall ensure that decisions regarding the allocation of resources of the Department of State related to combating human trafficicing and to law enforcement presence at United States diplomatic and consular posts appropriately talce into account— (A) the infoi�rnation described in paragraph (1); and (B) the information included in the most recent report submitted in accordance with section 7107(b) of this title. Personal Responsibility and Work Opportunity Act of 1996 By executing this agreement, Agency agrees it will comply with the following: If an individual is applying for HHSP funds, a Subrecipient must verify thai the individual applying for HHSP funds is a qualified recipient for funding under the Personal Responsibilityand Work Opportunity Act of 1996 (I l 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 Act's restriction on access to public benefits based on iminigration status. This includes activities that: (1) deliver in-lcind services at the community level, (2) are necessary for the protection of life or safety, and (3) do not condition the provision of assistance on the applicant's income or resources. Generally, under the HHSP State Rules, an activity that provides a public benefit to a Household that is Homeless is exempt, while an activity that is provided to a Household that is At-Rislc 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 perforining a Household eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C) of the PRWORA also exempts "public health assistance for iinmunizations 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." Page 46 of 54 Supportive Seivices Agreement — Exhibits If Subrecipient is unsure of whether or not an activity is exernpt from the Act, it should contact the Department before beginning the activity to receive a written deterinination CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) SYSTEM Subrecipient shall: System Use Establish the identity of the applicants and require each applicant to present the applicant's immigration or naturalization documenlation 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 infoi7nation the SAVE Program requires to respond to Subrecipient requests for vei•ification of iminigration or naturalized or derived citizenship status information, including (1) information from the applicant's iinmigration or naturalization documentation for initial autoinated verification, (2) additional infoi7nation 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 Forrns G-845 and other documents and inforination required for manual verification are provided; Ensure that, prior to using the Veriiication Information System, all employees designated by Subrecipient to use SAVE on behalf of the Subrecipient (Users) perforining verification procedLires complete SAVE required training including: reading the SAVE Prograin Guide, talcing the latest version of Web tutorial(s), http://www.uscis.gov/save/what-save/save-webinars, and maintaining a worlcing 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 verification procedures; provided with and maintain User lds only while they have a need to perform Ensure all Users performing veriiication 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 ha�e contact information for the SAVE Program and SAVE Monitoring and Coinpliance. Contact information can be found at http://www.uscis.gov/portal/sitehiscis/menuitem.eb 1 d4c2a3 e5b9ac89243 c6a7543 f6d 1 a/?vgne xtoid=0d37dffd79029310VgnVCM100000082ca 60aRCRD&vgnextcha nne1=0d37dffd79029310Vg nVCM100000082ca60aRCRD Page 47 of 54 Supportive Services Agreement — Exhibits Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for verification; Use any information provided by DHS-USCIS under this Contract solely for the purpose of deterinining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and a11 other provisions of this Contrac� 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 elect�•onic siorage, transport of records between agencies, and the internal processing of records received by either agency under the terms of this Contract; Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) witholrt 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/Vei•ification/SAVE/SAVE_Native_Docu i7ectYourRecordswithUSCIS.pdf (subject to revision and reposting Resources); ments/Fact Sheet HowToCo on the SAVE Website and Online 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 al10MB and DHS privacy guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding,maintaining, and disclosing any data provided or received pursuant to the Contract; Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the applicant; Provide all beneiit-applicants who are denied benefits based solely or in part on the SAVE response with adequate written notice of the denial and the information necessaly to contact DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted at http://www.uscis.gov/USCISlVerification/SAVE/SAVE Native_Documents/Fact Sheet HowToCo rrectYourRecordswithUSCIS,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 necessasy; and Refiain fiom using SAVE, or assisting any person or entity, to comply with the employment eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U,S,C. §1324a. Monitoring and Compliance. Page 48 of 54 Suppoi•tive Services Agreement — Exhibits Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C, §552a or other applicable authority; Notify the Depai-tment's Compliance Division immediately whenever there is reason to believe a violation of this agreement has occurred; Notify the Department's Compliance Division immediately whenever there is reason to believe an information breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable Information;" Allow Depai-tment and SAVE Monitoring and Compliance to monitor and review all recordsand documents related to the use, abuse, misuse, fiaudulent use or improper use of SAVE by any User, including, but not limited to original applicant consent docuinents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or sitevisits to review Subrecipient's compliance with this Addendum D and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; Allow Departinent and SAVE Monitoring and Compliance to perform audits of Subrecipient's User lds 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 a11 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 inay arise in connectionwith t11e Subrecipient's pai-ticipation in SAVE; Allow Department and SAVE Morutoring 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 Talce coi-��ective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Departmentor SAVE Monitoring and Compliance regarding waste, fiaud, and abuse, and discrimination or any misuse of the system, non- compliance with the terins, conditions and safeguards of this Addendum D, SAVE Program procedures or other applicable law, regulation or policy. Criminal Penalties. DHS-USCIS reserves the right to use information from the Department or Subrecipient forany purpose permitted by law, including, but not limited to, the prosecution of violations of Federal adininistrative or criminal law. Page 49 of 54 Supportive Services Agi•eement — E�hibits The Subrecipient acicnowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5 U.S.C. �552a(i)(1 }, and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this Contract may be subject to criminal penalties. Third Pai-ty Liability. Each party to this Contract shall be solely responsible for its own defense against any claimor action by third parties arising out of or related to the execution and/or perforrnance of this Contract, whether civil or criminal, and retain responsibility for the payinent of any corresponding liability. Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or• procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient. Page 50 of 54 Supportive Services Agreement — E�hibits EXAIBIT "G" EXECUTED COl�tTRACT BETWEEN TEXAS DEPARTMENT OF HOU�ING AND COMMUNITY AFFAIRS AND THE CITY Page 51 of 54 Supportive Services Agreement — E�hibits DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE CONTRACT NUMBER 18226010006 WITH City of Fort Worth, a political subdivision of the State of Texas SECTION 1. PARTIES TO THE CONTRACT This 2022 Texas Homeless Housing and Services Program ("HHSP") Youth Set-Aside Contract Number 18226010006 ("Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("Department"), and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient"). SECTION 2. CONTRACT TERM FOR PERFORMANCE AND CLOSE-OUT PROCESS This Contract shall commence on September 1, 2021 and, unless earlier terminated as provided herein, terminate as follows: (1) the Subrecipient is permitted to incur allowable expenses under this Contract until August 31, 2022 ("Contract Term"), and (2) the Department's obligations under the Contract upon the completion of Subrecipient's perFormance shall end on November 14, 2022, and is conditioned on the Subrecipient's successful completion of the terms herein ("Close-Out Process"). SECTION 3. SUBRECIPIENT PERFORMANCE A. Subrecipient agrees to administer a HHSP award in accordance with, but not limited to, Section 2306.2585 of the Texas Government Code (hereafter, "State Act"), Rider 16 from Tex. H.B. 1, Article VII, 86th Leg., R.S. (2019)("Rider 16"), and the implementing rules under Title 10, Part 1, Chapter 1, Chapter 2, and Subchapters A and B of Chapter 7, of the Texas Administrative Code ("HHSP State Rules"), and representations made as part of the Previous Participation and Executive Award Process. B. Subrecipient agrees to perform all activities in accordance with the terms of the Performance Statement attached hereto as Exhibit A and the Budget attached hereto as Exhibit B. Subrecipient further agrees to comply with the Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements attached hereto as Addendum A; the Certification Regarding Drug-Free Workplace Requirements attached hereto as Addendum B; the Certification Regarding Debarment, Suspension and Other Responsibility Matter attached hereto as Addendum C; the PRWORA requirements attached hereto as Addendum D; and the assurances, certifications, and all other statements made by Subrecipient in its application for the project funded under this Contract, and with all other terms of this Contract. All exhibits and addendums are attached hereto and incorporated herein for all relevant purposes. City of Fort Worth 18226010006 1 DocuSign Envelope ID: B8755690-DF1C-4A11-B252-FE3D25722A78 C. Except for changes that are required because of changes described in Section 11(A) of this Contract or as otherwise specifically described in this Contract, Subrecipient shall implement HHSP in accordance with the requirements ofthe HHSP State Rules in effect on June 11, 2020. D. Performance related to established targets will be reported by Subrecipient in the HHSP Monthly Performance Report and meeting targets may be considered for future funding opportunities with the Department. E. All funds must be fully expended within the Contract Term and reported within the Close-Out Process in accordance with all Exhibits and Addendums ofthis Contract. The Department reserves the right to request an Expenditure plan if it appears funds will not be expended within the Contract Term at the Department's reasonable discretion. F. Subrecipient activities related to construction, rehabilitation, or conversion of a building or buildings may require that Subrecipient enter into a Land Use Restriction Agreement ("LURA") in accordance with 10 TAC §7.3. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIOIVS 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 specified in the Budget and are incurred during the Contract Term by Subrecipient. B. Department's obligations under this Contract are contingent upon the actual receipt and availability by the Department of adequate HHSP funds from the legislature. If sufficient HHSP funds are not available to malce payments under this Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact is determined. Department may then terminate this Contract and will not be liable for the failure to mal<e any payment to Subrecipient under this Contract. C. Department reserves the right to obligate additional funds or deobligate funds and shall notify the Subrecipient in writing of its decision. Department may consider such factors as the ability to use grant funds under the HHSP State Rules in a timely manner or Subrecipient's overall compliance with the terms of this Contract. D. Department shall not be obligated to pay Subrecipient for any costs incurred by Subrecipient which are not allowable costs. E. Notwithstanding any other provision of this Contract, the total payments and obligations incurred by Department under this Contract shall not exceed the sum of ONE HUNDRED FORTY-FOUR THOUSAND ONE HUNDRED FIFTY-SIX DOLLARS ($144,156.00). F. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for eligible costs incurred or performances rendered for activities specified in the HHSP State Rules. City of Fort Worth 18226010006 2 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. Subrecipient shall establish procedures to minimize the time elapsing between the transfer offunds from Department to Subrecipient and the disbursement of such funds by Subrecipient. B. Subrecipient will use a Cost Reimbursement method of payment for all funds whereby reimbursement of costs incurred by a Subrecipient is made only after the Department has reviewed and approved bacl<up documentation provided by the Subrecipient. C. All funds paid to Subrecipient pursuant to this Contract are paid in trust for the exclusive benefit of the eligible Program Participants of HHSP 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 malce 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 Chapter 783 of the Texas Government Code and the Uniform Grant Management Standards ("UGMS"). All references therein to "local government" shall be construed to mean Subrecipient. B. AUDIT. In accordance with 10 TAC §1.403(e), if Subrecipient expends $750,000.00 or more in state awards, or has an outstanding loan balance associated with state resources of $750,000.00 or more with continuing compliance requirements, or a combination thereof must have a Single Audit. Subrecipient agrees to comply with any applicable UGMS updates that may be released during the Contract Term. Updates to UGMS may be found this website: https://comptroller.texas.gov/purchasing/grant-management/. C. COSTS. Department shall not be liable to Subrecipient for certain costs, including but not limited to costs which: (1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source other than Department; (2) are not allowable costs, as set for-th in the provisions of the State Act and the HHSP State Rules and Section 8(B) of this Contract; (3) are not strictly in accordance with the terms of this Contract, including the Exhibits; City of Fort Worth 18226010006 3 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (4) have not been reported to Department within the Close-Out Process of this Contract; or (5) are not incurred during the Contract Term. D. ACCESS. Department reserves the right to conduct additional audits of the funds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and to obtain any documents, materials, or information necessary to facilitate such audit upon written request by the Department to Subrecipient. E. SUBAWARDS. 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 ofwork performed underthis Contract. F. AUDIT CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an "Audit Certification Form" (available from the Department) within two (2) months after the Subrecipient's fiscal year end in accordance with 10 TAC §1.403. SECTION 7. TERMINATION AND SUSPENSION A. TERMINATION OR SUSPENSION. Pursuant to 10 TAC Chapters 2 and 7, Department may terminate or suspend this Contract, in whole or in part, at any time Department determines that there is cause for termination. If Subrecipient fails to submit within forty-five (45) calendar days of its due date, any report in accordance with 10 TAC §7.5 or responses to monitoring reports, Department may, in its sole discretion, suspend payments, place Subrecipient on Cost Reimbursement method of payment, and initiate proceedings to terminate any active Contract. In accordance with 10 TAC §2.202(b)(6), cause for termination includes, but is not limited to, fraud, waste, abuse, fiscal mismanagement, or other serious Findings in the Subrecipient's performance. B. WITHHOLDING OF PAYMENTS. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract. C. DEPARTM ENT LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination of this Contract. D. SUBRECIPIENT LIABILITY. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient. City of Fort Worth 18226010006 4 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 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 bacl< to Department. Subrecipient shall return the remaining funds to Department within sixty (60) calendar days after the date this Contract terminates. SECTION 8. ALLOWABLE EXPENDITURES A. Whether the Subrecipient's costs incurred in the performance of this Contract are considered allowable, shall be determined in accordance with the provisions ofthe State Act and the HHSP State Rules, subject to the limitations and exceptions set forth in this Contract. B. HHSP General Revenue funds may be used for administrative activities as well as allowable expenditures underthis Contract, to include activities outlined in 10TAC §7.21, provided Subrecipient receives prior written approval from the Department. SECTION 9. RECORDKEEPING REQUIREMENTS A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements and shall maintain fiscal and programmatic records and supporting documentation for all expenditures made under this Contract in accordance with the UGMS Section III, Common Rule: State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C—Post Award Requirements, _.42. Subrecipient agrees to comply with any changes to the UGMS' recordkeeping requirements and 10 TAC §7.8. B. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written policies and procedures to ensure that sufficient records are established and maintained to enable a determination that HHSP requirements are being met. The written standards must be applied consistently for all Program Participants. The written standards must include, but are not limited to Inclusive Marketing as identified in 10 TAC §7.10. C. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC §7.28(g), Subrecipient shall maintain Program Participant files, for non-emergency activities providing direct subsidy to a Program Participant regardless if the client is directly receiving the funds, that contain the following: (1) An HHSP Intalce Application including an area for execution by all adult Household members (which may include an electronic signature), certifying the validity of information provided and an area to identify the staff person completing the intal<e application, and must provide a space for applicants to indicate if they are a veteran as required by Section 434.212 of the Texas Government Code. In addition, the application must include the following statement: "Important Information for Former Military Services Members. Women and men who served in any branch of the United States Armed Forces, including Army, Navy, Marines, Coast Guard, Reserves or National Guard, may be eligible for additional benefits and services. For more information please visit the Texas Veterans Portal at https•//veterans.portal.texas.�ov/ ; City of fort Worth 18226010006 5 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (2) Certification whereby the Applicant certifies whether they meet the definition of Homeless or Homeless Individual or At-risl< of homelessness pursuant to 10 TAC §7.2. The certification must include the Program Participant's signature or legally identifying mark (which may include an electronic signature); (3) Documentation which demonstrates that the Program Participant meets income eligibility, if applicable, or, if proof of income is unobtainable, a Declaration of Income Statement as defined in 10 TAC §7.2; (4) Documentation of recertification, as applicable, including income eligibility and that the Program Participant lacl<s sufficient resources and support networks necessary to retain housing without assistance; (5) Documentation of determination of ineligibility for assistance when assistance is denied. Documentation must include the reason forthe determination of ineligibility; (6) Copies of all leases and rental assistance agreements for the provision of rental assistance, documentation of payments made to owners for the provision of rental assistance, and supporting documentation Participants; for these payments, including dates of occupancy by Program (7) Documentation of the monthly allowance for utilities used to determine compliance with the rent restriction; and (8) Documentation that the Dwelling Unit for Program Participants receiving rental assistance complies with the Housing Standards in 10 TAC §7.29, Shelter and Housing Standards. D. ACCESS TO RECORDS. Subrecipient agrees that Department, the Auditor of the State of Texas, the Comptroller of the State of Texas, or any of their duly authorized representatives, shall have the right to access and to examine and to copy, on or off the premises of Subrecipient, all bool<s, 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 be due if the Single Audit requirements are not triggered, except if any litigation, claim, negotiation, audit, monitoring, inspection or other action has started before the expiration of the required record retention period. In this case, records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required recordl<eeping period as described herein, whichever is later. City of Fort Worth 6 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 F. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by Subrecipient pertaining to this Contract is subject to the Texas Public Information Act (Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public Information Act. G. SUBAWARDS. Subrecipient shall include the substance of this Section 9 in all of its subcontracts and subgrants. SECTION 10. REPORTING REQUIREMENTS A. DATA COLLECTION. In accordance with 10 TAC §7.6, Subrecipient must ensure that data on all persons served and all activities assisted under Homeless Programs is entered into the applicable HMIS, or HMIS-comparable database for domestic violence or legal service providers. B. REPORTS. Subrecipient shall submit to Department such reports on the performance of this Contract as may be required by Department including, but not limited to, the reports specified in this Section. C. MONTHLY REPORTS. In accordance with 10 TAC §7.5(b), Subrecipient must submit a Monthly Performance Report and a Monthly Expenditure Report through the Contract System not later than the last day of each month which reflects performance and expenditures conducted in the prior month. D. BIENNIAL REPORTING. In accordance with 10 TAC §7.5(h)(2), NHSP Subrecipient will submit information to the Department for biennial reporting to the Texas Legislature. E. CONSTRUCTION ACTIVITIES. In accordance with 10 TAC §7.3, if Subrecipient intends to eKpend funds for new construction, rehabilitation, or conversion, Subrecipient must submit a copy of the activity budget inclusive of all sources and uses of funding, documents for a construction plan review, and identification of the entity and signature authorization of the individual (name and title) that wiil execute the LURA. These documents must be submitted no less than ninety (90) calendar days prior to the end of the Contract Term under which funds for the activity are provided. F. FINAL INSPECTION REPORT. A Subrecipient must request a final construction inspection within thirty (30) calendar days of construction completion. The inspection will cover the Shelter and Housing Standards, Uniform Physical Construction Standards, 2015 International Residential Code (or municipality adopted later version), Minimum Energy Efficiency Requirements for Single Family 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. City of Fort Worth � 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 SECTION 11. CHANGES AND AMEIVDMENTS A. AMENDMENTS AND CHANGES REQUIRED BY LAW. If a change in federal law or regulation or state law or regulation occurs that requires a change, addition, or deletion to the terms of this Contract, the change is automatically incorporated in this Contract and is effective on the date designated by such law or regulation without the requirement of a written amendment hereto. Said changes, additions, or deletions referenced under this Subsection A of Section 11 may be further evidenced by a written amendment. B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this Contract shall be in writing and executed by both Parties to this Contract. C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission, to be its original signature. D. REQUESTS. Amendment requests may be considered at the discretion of the Department in accordance with 10 TAC §7.4(e). SECTION 12. PROGRAM INCOME A. In accordance with 10 TAC §7.25, program income includes but is not (imited 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 ofthis Contract. C. Program income that is received after the Contract Term, or not expended within the Contract Term must be returned to the Department within ten (10) calendar days of receipt. SECTION 13. INDEPENDENT SUBRECIPIENT It is agreed that Department is contracting with Subrecipient as an independent contractor. To the extent authorized by law, Subrecipient agrees to indemnify Department against any disallowed costs or other claims which may be asserted by any third party in connection with the services to be performed by Subrecipient under this Contract. The Department aci<nowledges governmental entities cannot create an unfunded debt pursuant to the Texas Constitution. SECTION 14. PURCHASE AND PROCUREMENT STANDARDS Subrecipient shall comply with 10 TAC §1.404, this Contract, and all applicable state, and local laws, regulations, and ordinances for mal<ing procurements under this Contract. City of Fort Worth 18226010006 8 DocuSign Envelope ID: B8755690-DF1C-4A11-B252-FE3D25722A78 SECTION 15. SUBAWARDS A. Subrecipient may not subcontract the primary responsibilities of this Contract, including but not limited to expenditure and performance reporting and drawing funds through the Contract System. B. Subrecipient may subcontract or subgrant for the delivery of client assistance without obtaining Department's prior approval. HHSP Subrecipient is responsible for ensuring that subcontractors and subgrantees adhere to the same program requirements and regulations as apply to the Subrecipient including, but not limited to having documentation that Subrecipient checiced the appropriate federal and state records for debarred and suspended parties in accordance with UGMS Subpart C—Post Award Requirements, 35. Subrecipient must have processes and procedures in place to monitor subcontractors or subgrantees. Any subcontract or subgrant for the delivery of client assistance will be subject to monitoring by the Department pursuant to 10 TAC §7.11. C. In accordance with 10 TAC §7.7(b), Subrecipient will notify the Department and provide contact information for subgrants or subcontractors within thirty (30) calendar days of the effective date of subcontract. Contact information for the entities with which the Subrecipient subgrants or subcontracts must be provided to the Department, including: organization name, name and title of authorized person who entered into the subgrant or subcontract, phone number, e-mail address, and type of services provided. D. In no event shall any provision of this Section be construed as relieving Subrecipient of the responsibility for ensuring that the performances under all subcontracts and subgrants are rendered so as to comply with all of the terms of this Contract, as if such performances rendered were rendered by Subrecipient. Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval under this Section does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY A. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than forty-five (45) calendar days after the termination of this Contract a cumulative inventory report of all real property and equipment acquired in whole or in part with funds received under this Contract or previous HHSP contracts. Upon the termination of this Contract, Department may demand the transfer of title to any equipment to the Department orto any other entity receiving HHSP funds from the Department. B. When the 5ubrecipient no longer needs equipment purchased with HHSP grant funds, regardless of purchase price, or upon the termination of this Contract, Department may tal<e possession and demand the transfer of title to any such property or equipment to the Department or to a third party or may seel< reimbursement from Subrecipient of the current unit price of the item of equipment, in Department's sole determination. Subrecipient must request permission from the Department to transfer title or dispose of equipment purchased with HHSP grant funds. City of Fort Worth 9 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 SECTION 17. TRAVEL Subrecipient shall abide by 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 for any travel funded by this Contract either directly or indirectly. SECTION 18. BONDING AND INSURANCE REQUIREMENTS A. INSURANCE REQUIREMENTS. Subrecipient shall maintain evidence of current and adequate insurance coverage in accordance with UGMS Section II, Cost Principles for State and Local Governments and Other Affected Entities, Attachment B. Subrecipient agrees to notify the Department immediately upon receipt of notification of the termination, cancellation, expiration, or modification of any required insurance coverage or policy endorsements. Subrecipient agrees to suspend the performance of all wori< performed under this Contract until the Subrecipient satisfies the required coverage requirements, obtains the required policy endorsements and delivers to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective, and receives notification from Department that the performance ofworl<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 Articles 2252, 2253, and 5160 of Texas Civil Statutes, and §252.044 and Section 262.032 of the Local Government Code. If Subrecipient will enter into a public worl<s contract with a third-party in the amount of $50,000.00 or greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient will enter into a contract with a prime contractor in excess of $100,000.00, a performance bond in the full amount of the contract is also required. These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State Insurance Department. Such assurances of completion will run to the Department as obligee and must be documented prior to the start of construction. This bonding requirement applies as set forth in 10 TAC §1.405 and to the extent required by federal or state law. SECTION 19. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient arising out of the performance of this Contract or any subcontract or subgrant hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim. City of Fort Worth 10 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 SECTION 20. TECHNICALASSISTANCE AIVD MONITORING A. Department may provide technical guidance to explain the rules and provide directions on terms of this Contract. B. Department or its designee may conduct periodic on- or off-site monitoring and evaluation of the efficiency, economy, and efficacy of Subrecipient's performance of this Contract in accordance with the HHSP State Rules. Department will advise Subrecipient in writing of any deficiencies noted during such monitoring. Department will suggest or require changes in Subrecipient's program implementation or in Subrecipient's accounting, personnel, procurement, and management procedures in order to correct any Observations, Concerns, or Findings. Department may conduct follow-up visits to review and assess the efforts Subrecipient has made to correct previously-noted Observations, Concerns, or Findings. C. Department may suspend or terminate this Contract, or involce other remedies in the event monitoring or other reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency within the time allowed by federal or state law or regulation, or by the terms of this Contract. SECTION 21. LEGAL AUTHORITY A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient's constitutive documents or any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms. B. DULY AUTHORIZED• GOOD STANDING. Subrecipient is and will continue to remain organized, validly existing and in good standing under the laws governing its creation and existence, and will continue to be duly authorized and qualified to transact any and all applicable business contemplated hereunder in the State of Texas. Subrecipient possesses and will continue to possess all requisite authority, power, licenses, permits and franchises to conduct its business and to execute, deliver and comply with its obligations under the terms of this Contract, the execution, delivery and performance of which have been or will be duly authorized by all necessary action. C. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by Subrecipient's governing body to execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and performances herein. City of Fort Worth 18226010006 11 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 D. TERMINATION• LIABILITY. Department shall have the right to terminate this Contract if there is a dispute as to the legal authority of either Subrecipient or the person signing this Contract on behalf of Subrecipientto enter into this Contract orto render performances hereunder. Subrecipient is liable to Department for any money it has received from Department for performance of the provisions of this Contract, if the Department has terminated this Contract for reasons enumerated in this Section 21. E. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient's ability to perform under the terms of this Contract. SECTION 22. COMPLIANCE WITH LAWS A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the State Act, the HHSP State Rules, and all federal, state, and local laws and regulations applicable to the performance of this Contract, including, but not limited to the program requirements and fair housing laws. Upon request by Department, Subrecipient shall furnish satisfactory proof of its compliance therewith. Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any illegal activity in the performance of or associated with the performance of this Contract. No funds under this Contract shall be used for any illegal activity or activity that violates any federal, state or local laws. B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the certification attached as Addendum B that it is implementing the Drug-Free Workplace Act of 1988 (41 USC §701 etseq). C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipients that interact with program participants must create a Language Access Plan to provide program applications, forms, and educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with LEP have meaningfu) access to the program. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. D. REHABILITATION ACT OF 1973. Section 504 of the Rehabilitation Act of 1973 and HUD regulation 24 CFR Part 8 apply to all programs or activities under this Contract. City of Fort Worth 18226010006 12 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 E. INFORMATION SECURITY AND PRIVACY REQUIREMENTS. 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). Prior to beginning any work under this Contract, Subrecipient shall either (i) have an effective, fully executed Information Security and Privacy Agreement ("ISPA"), as required by 10 TAC §1.24, on file with the Department, or (ii) will execute and submit to the Department an ISPA in accordance with instructions found on the Department's website at the "Information Security and Privacy Agreement" link." F. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107). G. AFFIRMATIVE OUTREACH. Subrecipient shall affirmatively reach out to populations that are least likely to apply for services as further outlined in 10 TAC §7.10(c)(3). H. LEAD-BASED PAINT. Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. §4821 et seq. and 24 CFR Part 35. SECTION 23. PREVEIVTION OF WASTE, FRAUD, AND ABUSE A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors and administering agencies. Subrecipient's internal controls systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by Department. B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating HHSP. Subrecipient shall immediately notify Department of any discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this Contract, or of any law or regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith. SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORI<ERS Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will not Icnowingly employ an undocumented worl<er, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at the rate of five percent City of Fort Worth 13 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (5%) per annum, not later than the one hundred twentieth (120th) day after the date the Department notifies Subrecipient of the violation. SECTION 25. CONFLICT OF INTEREST UNDER 10 TAC §7.26 A. Subrecipient shall maintain written standards of conduct governing the perFormance of its employees engaged in the award and administration of contracts. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default under this Contract and may result in termination of the Contract or deobligation of funds. B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the Parties indicated herein, has a financial or other interest in the firm selected for an award. C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient. D. The provision of any type or amount of HHSP assistance may not be conditioned on an individual's or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient, Subgrantee or a parent or subsidiary of the Subrecipient. E. No Subrecipient may, with respect to individuals or families occupying housing owned by the Subrecipient, or any parent or subsidiary of the Subrecipient, carry out the initial intal<e required for Program Participant files under Section 9(C) of this Contract. F. For transactions and activities other than the procurement of goods and services, no officers, employees, and agents, including consultants, officers, or elected or appointed officials of the Subrecipient, Subgrantee, or subcontractor who exercises or has exercised any functions or responsibilities with respect to activities assisted under HHSP, or who is in a position to participate in a decision-mal<ing 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. City of Fort Worth 14 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 SECTION 26. POLITICALACTIVITY AND LEGISLATIVE WFLUENCE PROHIBITED A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any state official or employee from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government, the State of Texas, or the government of the United States. C. None of the funds provided under this Contract shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award governed by the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352) as the Development Owner and each of its tiers have certified by their execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all relevant purposes. SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Contract, on the grounds of race, color, religion, sex, national origin, age, or disability. B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program in I<eeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. Subrecipient must comply with the Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order 12259) and it implementing regulations at 24 CFR Part 107. C. ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility standards and fair housing requirements under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and its implementing regulations at 24 CFR Part 8, (ii) the Fair Housing Act (42 U.S.C. §3601 et seq.) as implemented by HUD at 24 CFR Parts 100-115, 24 CFR §92.250, 24 CFR §92.202 and 24 CFR §5.105(a), (iii) Texas Fair Housing Act (Chapter 301 of the Texas Property Code), (iv) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d etseq.), and implementing regulations at 24 C.F.R. Part I, and (v) Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department of Justice at 28 CFR Parts 35 and 36. City of Fort Worth 15 18226010006 DocuSign Envelope ID: B6755690-DF1C-4A11-B252-FE3D25722A78 D. REASONABLE ACCOMODATIONS. Subrecipient shall operate each program or activity receiving HHSP financial assistance so that the program or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipient is also required to provide reasonable accommodations for persons with disabilities. E. GENERAL. Subrecipient shall make Icnown 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 mal<e available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability. F. AFFIRMATIVELY FURTHERING FAIR HOUSING. By Subrecipient's execution of the Contract, Subrecipient agrees to affirmatively further fair housing by using funds in a manner that follows the "State of Texas' Analysis of Impediments" and will maintain records in this regard. G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of its subcontracts. SECTION 28. DEBARRED AND SUSPENDED PARTIES By signing this Contract, Subrecipient certifies that neither it nor its current principa) employees, board members, agents, or contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency as provided in the Certification Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C and incorporated herein for all relevant purposes. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification attached as Addendum C, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9, subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that, prior to entering into any agreement with a potential subcontractors procured by Subrecipient or prior to awarding funds under this Contract to a potential subgrantee, that the verification process to comply with this requirement will be accomplished by checking the System for Award Management ("SAM") at www.sam.gov and including a copy of the results in its project files. After said verification, Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors during the term of subcontractor's agreement. Subrecipient may subsequently rely upon a certification of a subcontractor that is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient I<nows that the certification is erroneous. Failure of Subrecipient to furnish the certification attached hereto as Addendum C or an explanation of why it cannot provide said certification shall disqualify Subrecipient from participation under this Contract. The certification or explanation will be considered in connection with the Department's determination whether to continue with this Contract. Subrecipient shall provide immediate written notice to Department if at any time City of Fort Worth 18226010006 16 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 Subrecipient learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Subrecipient further agrees by executing this Contract that it will include the certification provision titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum C, without modification, and this language under this Section 28, in all its subawards. SECTION 29. SPECIAL CONDITIONS A. DIRECT DEPOSIT AUTHORIZATION. Department shall not release any funds under this Contract until Department has received a properly completed deposit authorization form from Subrecipient. B. CONSTRUCTION STANDARDS. Notwithstanding and subject to Chapter 3000 of the Texas Government Code, Subrecipient shall ensure that any building for which HHSP funds are used for renovation, conversion, or major rehabilitation must meet Shelter and Housing Standards, Uniform Physical Construction Standards, 2015 International Residential Code (or municipality adopted later version), Minimum Energy Efficiency Requirements for Single Family Construction Activities, and the Accessibility Standards in Chapter 1, Subchapter B, and any standards required by state or local statute, ordinance, or other regulation, as applicable for the Homeless Program and activity. C. NATIONAL FIRE PROTECTION. None of the funds provided under this Contract may be used in connection with any dwelling unit unless the unit is protected by a hard-wired or battery-operated smoke detector installed in accordance with National Fire Protection Association Standard 74. D. OTHER CONDITIONS. Not applicable. SECTION 30. NO WAIVER Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 31. ORAL AND WRIITEN AGREEMENTS A. All oral and written agreements between the parties of this Contract relating to the subject matter of this Contract have been reduced to writing and are contained in this Contract and attachments. B. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: (1) Addendum A- Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements (2) Addendum B- Certification Regarding Drug-Free Workplace Requirements City of Fort Worth 17 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (3) Addendum C- Certification Regarding Debarment, Suspension and Other Responsibility Matters (4) Addendum D — PRWORA Requirements (5) Exhibit A - Performance Statement (6) Exhibit B - Budget SECTION 32. SEVERABILITY If any section or provision of this Contract is held to be invalid or unenforceable by a court or an administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding. SECTION 33. COPYRIGHT Subrecipient may copyright materials developed in the performance of this Contract or with funds expended underthis 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 worl<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: (i) catastrophic weather conditions or other extraordinary elements of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) disease pandemics, quarantines, embargoes and other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources, workaround plans or other means. City of Fort Worth 18 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 SECTION 37. ASSIGNMENT This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written consent and agreement of Department, which consent may be withheld in Department's sole discretion. SECTION 38. TIME IS OF THE ESSENCE Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and conditions ofthis 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 electronictransmission, and any such signature shall have the same legal effect as an original. SECTION 40. NUMBER, GENDER Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words shall include the plural. SECTION 41. NOTICE A. If a notice is provided concerning this Contract, notice may be given at the following (herein referred to as "Notice Address"): As to Department: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P. O. Box 13941 Austin, Texas 78711-3941 Attention: Abigail Versyp, Director of Single Family and Homeless Programs Division Telephone: 512-475-0908 Fax: 512-475-0220 abigail.versyp@tdhca.state.tx.us As to Subrecipient: City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Fernando Costa Telephone: 817-392-6122 fernando.costa@fortworthtexas.gov City of Fort Worth 18226010006 M�:] DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service, or five (5) calendar days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 41. SECTION 42. VEIVUE AND JURISDICTION This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to this Contract, venue shall lie in Travis County, Texas. SECTION 43. ALTERNATIVE DISPUTE RESOLUTION In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Texas Government Code), to assist in the fair and expeditious resolution of internal and external disputes involving the Department and the use of negotiated rulemal<ing procedures for the adoption of Department rules. As described in Chapter 154, Civi) Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by Department's ex parte communications policy, Department encourages informal communications between Department staff and the Subrecipient, to exchange information and informally resolve disputes. Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at any time the Subrecipient would lil<e to engage Department in an ADR procedure, the Subrecipient may send a proposal to Department's Dispute Resolution Coordinator. For additional information on Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemal<ing at 10 TAC §1.17. SECTION 44. LIMITATION ON ABORTION FUNDING A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state law, the Department may not enter into this Contract with an "abortion provider" or an "affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this Contract are appropriated from state or local tax revenue. B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any funds under this Contract from state or local tax revenue, it is eligible to receive said funds, and that it will not utilize said funds in any way contrary to this Section 44 during the Contract Term. SECTION 45. PREVENTION OF TRAFFICKING A. Subrecipient and its contractors must comply with Section 106(g) of the Trafficl<ing 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, brol<ers 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 acl<nowledges that upon termination, Subrecipient's rights to any funds shall be terminated. City of Fort Worth 18226010006 20 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 WITNESS OUR HAND EFFECTIVE: SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas —DocuSigned by: F�.a.�.dn Car�F. By: � Name Title: Date: Fernando Costa Assistant City Mana�er 10/27/2021 � 12:03:15 PM CDT THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. THIS CONTRACT IS APPROVED, ACCEPTED AND MADE TO BE EFFECTIVE ON SEPTEMBER 1, 2021 ON BEHALF OF: DEPARTMENT: TEXAS DEPARTMENTOF HOUSING AND COMMUNITYAFFAIRS, A PUBLIC AND OFFICIAL AGENCY OF THE STATE OF TEXAS DocuSigned by: B �. c'l� ?�YP y� D9F"043DB64A044F... Name: Abi�ail Versyp Title: Its duly authorized officer or representative Date: 11/1/2021 � 10:11:09 AM COT City of Fort Worth 18226010006 2 1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in inultiple originals on the date written below their respective signatures to be effective on the Effective Date. CITY OF FORT WORTH: ACCEPTED AND AGREED: CITY OF FORT WORTH: �� B�Finrnando Costa (Nov 1, 202116:44 CDT) J Name: Fernando Costa Title: Assistant City Manager Date: Nov l, 2021 APPROVAL RECOMMENDED: Jo+�tu rR+�— Tara Perez (Nov 1, 202110:40 CDT) By: Name: Tara Perez Title: Directions Home Manager ATTEST: , � . ,����. � . i CONTRACT COMPLIANC� MANAGER: By signing I aclrnowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. r°�``.� Tara Perez (Nov 1, 202110:40 CDT) By: Name: Tara Perez Title: Directions Home Manager APPROVED AS TO FORM AND LEGALITY: � B�Jp Pate (No 1, 02113:15 CDT� ,Y Name: Jo Pate Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 21-0512 1295: Name: Ronald Gonzales Title: Acting City Secretai•y DocuSign Envelope ID: BB755690-DF1C-4A11-8252-FE3D25722A78 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAIVI YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18226010006 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 I<nowledge 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 malcing of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is material representation of fact on which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of its knowledge and belief, that: City of Fort Worth 18226010006 22 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 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 mal<ing 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 $10,000.00 and not more than $100,000.00 for each such failure. City of Fort Worth, a political subdivision of the State of Texas DocuSigned by: By; �vi.s•�.s•,(n C� Name: e��i�a'r���5�'$s�a Title: Assistant City Manager Date: 10/27/2021 � 12:03:15 PM CDT City of Fort Worth 18226010006 23 DocuSign Envelope ID: BB755690-DF1C-4A11-8252-FE3D25722A78 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE CONTRACT 18226010006 ADDENDUM B CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS City of Fort Worth, a political subdivision of the State of Texas This certification is required by the regulations implementing the Drug-Free 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 certifications, and for notification of criminal drug convictions. For the Department of Health and Human Services, the central point is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201. The undersigned certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's worl<place 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 worl<place; (2) The grantee's policy of maintaining a drug-free worl<place; (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) Mal<ing it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and City of Fort Worth 24 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the wori<place no later than five (5) calendar days after such conviction; (e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was worl<ing, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Mal<ing a good faith effort to continue to maintain a drug-free worl<place 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. C� Worl<place identifications must include the actual address of buildings (or parts of buildings) or other sites where worl< under the grant tal<es place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, perFormers in concert halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon award, if there is no application, the Subrecipient must keep the identity of the worl<place(s) on file in its office and mal<e the information available for Federal inspection. Failure to identify all I<nown workplaces constitutes a violation of the Subrecipient's drug-free worl<place requirements. City of Fort Worth 18226010006 25 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 This certification is a material representation of fact upon which reliance is placed when the Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, Department, in addition to any other remedies available to the Federal Government, may tal<e action authorized under the Drug-Free Workplace Act. City of Fort Worth, a political subdivision ofthe State ofTexas By: 1 Name Title: —DocuSigned by: �UId�O�t+� l%4?�k Fernando Costa Assistant City Mana�er 10/27/2021 � 12:03:15 PM CDT Date: City af Fort Worth 18226010006 26 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE CONTRACT 18226010006 _��_►� l CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS City of Fort Worth, a political subdivision of the State of Texas The undersigned certifies, to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal or state department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, mal<ing 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 recordl<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: i. A criminal proceeding that resulted in a conviction, as defined below; ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000.00 or more; iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000.00 or more or reimbursement, restitution, or damage in excess of $100,000.00; or City of Fort Worth 18226010006 2% DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 iv. Any other criminal, civil, or administrative proceeding if: 1. It could have led to an outcome described in this section (e) paragraph (3) items (i) —(iii) of this award term and condition; 2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and 3. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. (4) For purposes of section (e) of this certification the following definitions apply: i. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. ii. A"conviction", for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract. The undersigned Subrecipient further agrees and certifies that it will include the below clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Subcontracts/Lower Tier Covered Transaction," without modification, in all subrecipient contracts, subcontracts and in all solicitations for subcontracts: "CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS (1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. city of Fort worth 28 18226010006 John Siburt (Dec 17, 2021 16:13 CST) President/CEO John Siburt Dec 17, 2021 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE CONTRACT 18226010006 ADDENDUM D PRWORA REQUIREMENTS City of Fort Worth, a political subdivision of the State of Texas If an individual is applying for HHSP funds, a Subrecipient must verify that the individual applying for HHSP funds is a qualified recipient for funding under the Personal Responsibility and Worl< Opportunity Act of 1996, ("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208. To ensure that a non-qualified applicant does not receive "public benefits," a political subdivision that administers "public benefit programs" is required to determine, and to verify, the individual's alienage status before granting eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility once access to the system is provided by the Department. There are certain types of assistance that are not subject to the Act's restriction on access to public benefits based on immigration status. This includes activities that: (1) deliver in-I<ind services at the community level, (2) are necessary for the protection of life or safety, and (3) do not condition the provision of assistance on the applicant's income or resources. Generally, under the HHSP State Rules, an activity that provides a public benefit to a Household that is Homeless is exempt, while an activity that is provided to a Household that is At-Risl< of Homelessness is not exempt. However, if Subrecipient has adopted income based criteria for the provision of assistance, than that activity may be subject to the Act. Yet, some activities do not provide a public benefit to a Household such as a case manager performing a Household eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C) of the Act also exempts public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. If Subrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the Department before beginning the activity to receive a written determination. City of Fort Worth 30 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-8252-FE3D25722A78 CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS ("SAVE") SYSTEM Subrecipient shall: (1) System Use. (a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE Program; (b) Physically examine the documentation presented by the applicant and determine whetherthe document(s) reasonably appear(s) to be genuine and to relate to the individual; (c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for verification of immigration or naturalized or derived citizenship status information, including (1) information from the applicant's immigration or naturalization documentation for initial automated verification, (2) additional information obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3) completed Forms G-845 and other documents and information required for manual additional verification. For manual only verification, ensure that Forms G-845 and other documents and information required for manual verification are provided; (d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE required training including: reading the SAVE Program Guide, tal<ing the latest version of Web tutorial(s), http://www.uscis.gov/save/what-save/save-webinars, and maintaining a worl<ing knowledge of requirements contained therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for monitoring review; (e) Ensure that Users are provided with and maintain User lds 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 perFormingverification procedures have contact information forthe SAVE Program and SAVE Monitoring and Compliance. Contact information can be found at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgne xtoid=0d37dffd79029310VgnVCM 100000082ca60aRCRD&vgnextchanne1=0d37dffd79029310Vg nVCM 100000082ca 60a RCRD; (h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for verification; City of Fort Worth 18226010006 3 1 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and all other provisions of this Contract; (j) Complywith the requirements ofthe Federal Information Security Management Act ("FISMA") (PL-107-347), Title III, Section 301) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the internal processing of records received by either agency under the terms of this Contract; (k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/herself may do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCo rrectYourRecordswithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online Resources); (I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to the Contract; (m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the applicant; (n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted at http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCo rrectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources); (o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and (p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C. §1324a. City of Fort Worth 18226010006 3 2 DocuSign Envelope ID: B8755690-DF1C-4A11-B252-FE3D25722A78 (2) Monitoring and Compliance. (a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; (b) Notifythe Department's Compliance Division immediately wheneverthere is reason to believe a violation of this agreement has occurred; (c) Notify the Department's Compliance Division immediately whenever there is reason to believe an information breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget ("OMB") Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable Information;" (d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; (e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review Subrecipient's compliance with this Addendum D and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; (f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User lds use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and other relevant data; (g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact persons or other personnel within the Subrecipient's organization or relevant contractors regarding any and all questions or problems which may arise in connection with the Subrecipient's participation in SAVE; (h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum D and the SAVE Program requirements by its authorized agents or designees; and (i) Tal<e corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of this Addendum D, SAVE Program procedures or other applicable law, regulation or policy. City of Fort Worth 33 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 (3) Criminal Penalties. (a) DHS-USCIS reserves the right to use information from the Department or Subrecipient for any purpose permitted by law, including, but not limited to, the prosecution of violations of Federal administrative or criminal law. (b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this Contract may be subject to criminal penalties. (4) Third Party Liability. (a) Each party to this Contract shall be solely responsible for its own defense against any claim or action by third parties arising out of or related to the execution and/or performance of this Contract, whether civil or criminal, and retain responsibility for the payment of any corresponding liability. (b) Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient. (5) Points of Contact. Abigail Versyp Director of Single Family and Homeless Programs Division Texas Department of Housing and Community Affairs P.O. Box 13941 Austin, TX 78711-3941 Phone: (512) 475-0908 Email: abigail.versyp@tdhca.state.tx.us USCIS SAVE Program MS 2620 U.S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2620 A�N: SAVE Operations Phone: (888) 464-4218 Email: saveregistration@dhs.gov City of Fort Worth 34 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 USCIS SAVE Monitoring and Compliance MS 2640 U.S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2640 Phone: (888) 464-4218 Email: save.monitoring@dhs.gov (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 I<nowledge and belief. The purpose of this statement is to certify that City of Fort Worth: � Is NOT a private nonprofit charitable organization and is an entity created by State Statute and affiliated with or is a state or governmental entity (such as a housing finance agency, public housing authority, unit of local government, council of governments, county, etc.) Certification must have the signature from a representative with authority to execute documents on the Subrecipient's behalf. SUBRECIPIENT: City of Fort Worth, a political subdivision of the State of Texas —DocuSigned by: �e�s.r�s•o(o Ca��. By: Name: Title: Fernando Costa Assistant CitV Mana�er 10/27/2021 � 12:03:15 PM CDT Date: City of Fort Worth 18226010006 35 DocuSign Envelope ID: B8755690-DF1C-4A11-B252-FE3D25722A78 TEXAS DEPARTMEfVT OF HOUSIIVG AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERALREVENUE CONTRACT 18226010006 EXHIBIT A PERFORMANCE STATEMENT City of Fort Worth, a political subdivision of the State of Texas Subrecipient shall carry out the following activities identified herein by implementing a Texas Homeless Housing and Services Program ("HHSP") in accordance with the State Act and its implementing rules under the HHSP State Rules. Close-Out Process: Ends November 14, 2022 Contract Term: September 1, 2021— August 31, 2022 Service Area: City of Fort Worth Program Activities Subrecipient agrees to perform the Households, as defined in §7.2(b)(58): A. Persons Served following measurable activities for Homeless Youth Headed 1. Essential Services for Persons experiencing Homelessness in Youth- Headed Households (only eligible in conjunction with a street outreach, case management, emergency shelter, or housing through a Transitional Living activity) 2. Street Outreach for Persons experiencing Homelessness in 3 Youth-Headed Households Transitional Living for Persons experiencing Homelessness in Youth-Headed Households 4. Persons experiencing Homelessness in Youth-Headed Households in an HHSP-Youth funded day/night Shelterl 5. Case management for Persons experiencing Homelessness in Youth-Headed Households B. Outcomes 1 This number may include the all persons assisted through the operations of the shelter. �❑ [I� iIl] � fI1', DS � City of Fort Worth 36 18226010006 DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 1. Persons in Youth-Headed Households who were Homeless 3 and have maintained housingforthree months after HHSP exit C. New Beds 1. New Shelter beds created through Construction: 0 2. New Shelter beds created through Rehabilitation: 0 3. New Shelter beds created through Conversion: 0 4. New Transitional Living beds created through Construction 0 5. New Transitional Living beds created through Rehabilitation 0 6. New Transitional Living beds created through Conversion 0 City of Fort Worth 18226010006 3 � DocuSign Envelope ID: BB755690-DF1C-4A11-B252-FE3D25722A78 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM YOUTH SET-ASIDE GENERAL REVENUE CONTRACT 18226010006 EXHIBIT B BUDGET City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS Additional funds may be obligated via Amendment(s) during the Contract Term. Funds may only be obligated and expended during the current Contract Term, and reported during the Close-Out Process. Unexpended fund balances will be recaptured. II. BUDGET FOR AVAILABLE ALLOCATIONS ADMINISTRATION $6,150.00 CASE MANAGEMENT SALARY $33,670.00 CONSTRUCTION/REHABILITATION/CONVERSION $0.00 ESSENTIAL SERVICES (only eligible in $750.00 conjunction with a street outreach, case management, emergency shelter, street outreach, or housing through a Transitional Living activity) HOMELESS ASSISTANCE through a street $103,586.00 outreach, emergency shelter, or Transitional �iving Activity OPERATIONS $0.00 TOTAL FUNDS AWARDED $144,156.00 III. FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: DS � Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will mal<e any adjustments to the budget categories. Only those written requests from the Subrecipient that are received at least thirty (30) calendar days prior to the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final thirty (30) calendar days of the Contract Term. City of Fort Worth 18226010006 : John Siburt (Dec 17, 2021 16:13 CST) President/CEO John Siburt Dec 17, 2021 CERTIFICATION REGARDING LOBBYIIVG FOR COI�TRACTS, GRAI�ITS, LOANS, AND COOPERATIVE AGREElVIENTS By executing this Agreeinent, Agency certii"ies, to the best of its lcnowledge and belief, that: 1. No I'ederal 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 einployee 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 malcing 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 fiuids other than Federal appi•opriated 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 coimection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shallcomplete 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 ail sub-awards at all tiers (including subcontracts, subgrants, and contracts undergrants, 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 malcing or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the requiredcertification shall be subject to a civil penaity 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 laiowledge 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 Luldersigned shall complete and submit Staildard Form-LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statementis a prei•equisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the requued 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 53 of 54 Supportive Sei•vices Agreemeut— Eshibits John Siburt (Dec 17, 2021 16:13 CST) President/CEO John Siburt Dec 17, 2021 . . . .;. • . � DATE: 08/03/21 LOG NAME SUBJECT M&C FILE NUMBER: M&C 21-0512 02ACCEPTING HOMELESS HOUSING AND SERVICES PROGRAM FUNDS (ALL) Authorize Acceptance of Grants from the Texas Department of Housing and Communiry Affairs for Homeless Housing and Services Program Funds in the Amount of $453,572.00 and Homeless Housing and Services Program-Youth Set Aside in the Amount of $144,156.00, Authorize Execution of Related Agreements, Authorize Execution of Subgrant Agreements with The Housing Authority of the City of Fort Worth Doing Business As Fort Worth Housing Solutions to Provide Rental Assistance and with CitySquare to Provide Youth Rental Assistance and Case Management, Authorize Rollover of Remaining Fiscal Year 2021 Funds for HHSP-Youth Set Aside in an Amount up to $115,000.00 to CirySquare, Find that the Subgrant Agreements Serve a Public Purpose, and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. 2. 3. 4. 5. 6. Authorize acceptance of grants and execution of contracts with the Texas Department of Housing and Community Affairs for the Homeless Housing and Services funds in the amount of $453,572.00 (General) and $144,156.00 (Youth); Authorize the execution of subgrant agreement with Fort Worth Housing Solutions in the amount of $453,572.00 to provide rental assistance to at least 40 permanent supportive housing clients (General); Authorize the execution of subgrant agreement with CitySquare in the amount of $144,156.00 to provide rental assistance and case management to at least 10 youth (Youth); Authorize the rollover of remaining Fiscal Year 2021 funds for HHSP-Youth Set Aside in an amount up to $115,000.00 to be included in the subgrant agreement with CitySquare; Find that the subgrant agreements serves the public purpose of ending chronic and youth homelessness and that adequate controls are in place; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the amount of $597,728.00, subject to the receipt of the grant for the purpose of reducing chronic and youth homelessness. DISCUSSION: The State of Texas provides grant funding for the Homeless Housing and Services Program (HHSP) administered by the Texas Department of Housing and Community Affairs (TDHCA) to nine municipalities with a population of 285,500 or greater, including the City of Fort Worth (City). The HHSP amount allocated to the City is $453,572.00. The HHSP funds may be used to provide rental assistance, case management and other services or housing options to reduce homelessness. The HHSP grant funds are currently subcontracted to used by Fort Worth Housing Solutions to provide rental assistance to 40 persons for permanent supportive housing annually. The Texas Legislature passed an increase in funding for HHSP over the 2020-2021 biennium with additional funds to address homelessness among young adults 18 to 24 years of age. The HNSP-Youth amount allocated to the City is $144,156.00. Eligible services include case management, emergency shelter, street outreach and transitional living. The HHSP-Youth grant funds will be used to provide rental assistance and case management for 10 youth annualiy. By approval of this Mayor and Council Communication, the City Council finds that funding the subgrant agreements will meet the public purpose of helping to end chronic and youth homelessness and that adequate controls are in place through the contracts to ensure that the public purpose is carried out, Upon acceptance, the grant will begin on September 1, 2021. The City Manager's Office will administer the HHSP and HHSP-Youth funds and monitor the sub-grantees, Fort Worth Housing Solutions and CirySquare. The subgrant agreements will be from September 1, 2021 to August 31, 2022. Last year, the City received HHSP and HHSP-Youth funds, which were set to expire on August 31, 2021. However, the City received an extension that allows the City to use the funds until February 28, 2022. FWHS will continue to provide services under its current HHSP agreement until all 2020-2021 funds are expended, at which point, FWHS will begin billing against the 2021-2022 HHSP funds. Tarrant County Homeless Coalition (TCHC) previously contracted to provide services using the HHSP-Youth funds. The City recommends moving any remaining 2020-2021 HHSP- Youth funds in an amount up to $115,000.00 from TCHC to CitySquare at the end of TCHC's current agreement and wiil require that CitySquare to use those funds prior to the new 2021-2022 funds. An Assistant City Manager is authorized to execute the contracts. exas � � . • A Form 1295 is not required for these contracts because: These contracts will be with a governmental entity, state agency or public institution of higher education: TDHCA and Fort Worth Housing Solutions. A Form 1295 is required for CitySquare. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that, upon acceptance of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grant Operating State Fund. The 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 Manage�'s Office has the responsibility to validate the availabiliry of funds. This is a reimbursement grant. Submitted for City Manager's Office bv: Originating Business Unit Head: Fernando Costa 6122 Tara Perez 2235 Additional Information Contact: Tara Perez 2235