HomeMy WebLinkAboutContract 56912CSC No. 56912
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" — Reimbursement Request Form
5. Exhibit "D" — Reporting Forms
6. Exhibit "E" -- Request for Budget Modification Form
7. Exhibit "F" — Required Grant Provisions
8. Exhibit "G" — Executed Contract between Texas Department of Housing and
Community Affairs and City
9. Exhibit "H" - Certifications
Exhibits "A" "B" "C" "D" "E" "F" "G" and "H" which are attached hereto and
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incorporated herein, are made a par-t of this Agreement for all puiposes. In the event of any conflict
between the teims and conditions of Exhibits "A" "B" "C" "D" "E" "F" "G" or "H" and
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the terms and conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement shall control.
1. SCOPE OF SERVICES.
1.1 Agency shall use the HHSP funds from TDHCA to provide City with rental
assistance and administration in oi•der to reduce the City's population of homeless persons
("Services"), which are more particularly described in Exhibit "A" — Scope of Service.
L2 Program Performance.
1.2.1 Agency agrees to maintain full documentation supporting the perfoi•mance of the
worlc and fulfillment of the objectives set forth in Exhibit "A."
1.2.2 Agency agrees to provide a monthly report in the form attached as Exhibit "D" to
document the performance of the worlc described in Exhibit "A".
1.2.3 Agency agrees to provide a quarterly report in the form attached as Exhibit "D" to
document the performance of the work described in Exhibit "A".
1.2.4 Agency agrees that the Reimbursement Request Form and monthly repoi�t will be
submitted to City no later than the 1 Sth day after the end of each month. Agency agrees that at the
end of each quarter (list out the months), Agency shall also provide a quarterly report with the
aggregate information requested therein along with its monthly report and reimbursement request.
Should Agency not be able to meet these requirements in a given month, the Agency shall provide
written notiiication prior to the deadline that details the expected date of submission. If no
notification is received before the 15th day, the City may document for future corrective action.
If, by the last day of the same month, Agency has not submitted the required report, City will send
a non-compliance letter notifying Agency's duly authorized representative of a possible
suspension of program funding.
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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 incornplete or incor7ect
submissions of a Reimbursement Request Form or report. Agency also agrees to complete a
Corrective Action Plan for recu�7•ing late submissions of a Reimbursement Request Form or repoi-t.
1.2.6 Agency agrees to comply with all requirements for performance, eligibility, and
reporting as described in Exhibit F—Grant Requirements and contained in Exhibit G— Executed
Contract Between the City and TDHCA.
2. TERM.
This Agreement shall begin on September 1, 2021 ("Effective Date") and shall expire on
August 31, 2022 ("Expiration Date"), unless ter-minated earlier in accordance with this
Agreement. City shali 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 three (3) additional one (1)-year terms.
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
$453,572.00. ("Program Funds"), and shall be paid to Agency on a reimbursement basis. Agency
shall not perform any additional services for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for
any additional expenses incui-�ed by Agency not specified by this Agreement unless City first
approves such expenses in writing. If City determines in its sole discretion that this Agreement
should be renewed as provided under Section 2 of this Agreement, the City shall provide an
updated Exhibit "B", which shall include the not to exceed amount to be paid to Agency on a
reimbursement basis during the renewal term.
3.2 Payment of the Program Funds fiom City to Agency shall be made on a cost-
reimbursement basis following receipt by City fi�om Agency of a signed Reimbursement Request
Form ("RRF") as described in Exhibit "C" along with copies of all receipts and other suppoi�ting
documentation. The RRF and reports shall be submitted to City no later than the 15th day following
the end of the month. Submittal of a monthly RRF and reports is required even if sei•vices are not
provided,
3.3 The monthly IZR.F' should be sequentially numbered and include expense
documentation that is detailed, clear and concise. All invoices should be sent electronically to the
City's centralized Accounts Payable Department invoice email address;
supplierinvoices cr,fortworthtexas, ov. Programmatic submissions should now be submitted as
part of the invoice, as they are due on the same date.
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Agency's emails shall include the following in the subject line: Vendor name, Invoice number,
and PO number
(ex; Example, Inc._123456 FW002-00000001234)
Agency's subject line(s) shall read as follows:
HOUSING AUTHORITY OF THE CITY OF FORT WORTH FWHS HHSP
#### FW002 0000000###
Additionally, the following requirements apply to ensure the system can successfully process
invoices in an expedient manner:
• All invoices must be either a PDF or TIFF format.
o Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Each invoice must be a separate attachment.
• No handwritten invoices or invoices that contain handwririen notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the foilowing infoi�rnation:
➢ Supplier Name and Address;
➢ Remit to Supplier Name and Address, if different;
➢ Applicable City Department business unit# (i.e. FW002)
➢ Complete City of Fort Worth PO 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.
Reimbulsements will not be made until after receipt of an acceptable and approved RRF
and monthly report as required. Reimbursements shall be made within 30 days receipt of said
documents, Incomplete or incorrect submissions will be returned to the Agency for resubmission,
restarting the 30-day reimbursement schedule.
3.4 Any modifications in the original approved budget must have pz•ior vv�•itten
permission from City before the modifications are made. The Budget Modification Form (Exhibit
"E") must be submitted, and request must be approved by City, before any money is moved to the
line-item. Once the Budget Modification is approved, the modified budget will talce effect on the
iirst day of the following month. The new modiiied budget shall not exceed the total amount of
Program Funds, Agency shall be solely responsible for any money spent in excess of the not to
exceed amount included in this Agreement for the then-cut7•ent term.
3.5 Agency will document cost allocations for all budgeted expenses throughout the
entirety of the Agreement and will be responsible for having a policy and procedure in place for
this docuznentation, Specifically, Agency will document how all shared costs, personnel time, or
equipment that was fully or partially paid for using City funds, were used in fiirtherance of the
program activities described in this Agreement. Documentation of these cost allocations, as well
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as a copy of the Agency's policy and procedures for the documentation of the cost allocations shall
be made available to the City upon request.
3,6 The City reseives 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 foi�rn.
3.7 Budget adjustments shall be submitted via either email to
Tai•a.Perez cr,fortworthtexas.gov or to the Tara Perez, Directions Home Manager, City Manager's
Office, 200 Texas Street, Foi-t 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 Par-ty with sixty (60) days' written notice of termination.
4.2 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Agency for services actuaily rendered up to the
effective date of termination, and Agency shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Agency shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Agency
has received access to City data as a i•equirement to perform services hereunder, Agency shall
return all City-provided data to City in a machine readable format or other format deemed
acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Agency hereby represents and warrants to City that
Agency has made fiill disclosure in writing of any existing or potential conflicts of interest related
to Agency's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Agency hereby agrees to malce full disclosure of such
conflict of interest to City immediately in writing.
5.2 Confidential Information. Agency and City, for themselves and their officers,
agents and employees, respectively, agree that they shall treat all information provided to either of
them (i) by City ("City Information") or Agency ("Agency Information") as confidential and
shall not disclose any such information to a thiz•d party without the other party's prior written
approval, and (ii) shall abide by all of the standards of confidentiality of client information ("Client
Information") in the performance of their respective duties and obligations under this Agreement,
including but not limited to those standar•ds, rules and regulations regarding cariiidentiality
required by HMIS and TCHC. Notwithstanding the above, the parties agree that Agency and City
are subject to and will comply with all requirements of the Texas Public Information Act, and
disclosures made in compliance with such Act involving City Information and Client Infoi•mation
will not be deemed a breach of this paragraph. "Client Information" is defined for the purposes of
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this Agreement as personal, identifying, demographic, or treatment data about the individuals
being served by the program.
5.3 Unauthorized Access. Agency and City shall store and maintain City Information
and Client Information in a secure manner and shall not allow unauthorized users to access, copy
or reproduce, modify, delete, distribute or otherwise corrupt City Information or Client
Infoi�rnation in any way. Agency shall notify City immediately if the security or integrity of any
City Information or Client Information has been compromised or is believed to have been
compromised, in which event, Agency shall, in good faith, use all commercially reasonable efforts
to cooperate with City in identifying what information has been accessed by unauthorized means
and shall fully cooperate with City to protect such City Information or Client Information from
further unauthorized disclosure.
6. RIGHT TO AUDIT.
Agency agrees that City shall, until the expiration of three (3) years after final payment
under this Agreement, or the final conclusion of any audit commenced during the said 3 years,
have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Agency
involving transactions relating to this Agreement at no additional cost to City. Agency agrees that
City shall have access during normal 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.
7. INDEPENDENT CONTRACTOR.
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 Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Agency shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
seivants, employees, consultants and sub vendors. Agency acicnowledges that the doctrine of
r�espo��dej�t supe�°io�° shall not apply as between City, its ofiicers, agents, servants and employees,
and Agency, its officers, agents, employees, servants, vendors and sub vendors. Agency fiu-ther
agrees that nothing her•ein shall be construed as the creation of a partnership or joint enterprise
between City and Agency. It is further understood that City shall in no way be considered a Co-
employer or a Joint employer of Agency or any officers, agents, seivants, employees or sub vendor
of Agency. Neither Agency, nor any officers, agents, servants, employees or sub vendor of Agency
shall be entitled to any employment beneiits fi•om City. Agency shall be responsible and liable for
any and all payment and repor�ting of taxes on behalf of itself, and any of its officers, agents,
servants, employees or sub vendors.
8. LIABILITY AND INDEMNIFICATION.
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8.1 LIABILITY— TO THEEXTENTPERMITTED BYLAW, AGENCYSHALL BE
LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY
DAMA GE AND/OR PERSONAL INJUR Y, INCL UDING DEATH, TO ANY AND ALL
PERSONS, OFANYI�IND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAIISED BYTHENEGLIGENTACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OFAGENCY, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
8.2 GENERAL INDEMNIFICATION— TO THE EXTENT PERMITTED BYLAW,
AGENCY HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER,
WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO AGENCY'S BZISINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, ARISING O UT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF AGENCY, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
This section shall survive the expiration or termination of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Agency shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior v�n•itten consent of City, If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Agency under which
the assignee agrees to be bound by the duties and obligations of Agency under this Agreement.
Agency and Assignee shall be jointly liable for all obligations of Agency under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Agency referencing this Agreement under which subcontractor shall agree
to be bound by the duties and obligations of Agency under this Agreement as such duties and
obligations may apply. Agency shall provide City with a fully executed copy of any such
subcontract.
10. INSURANCE.
Agency shall provide City with certificate(s) of insurance documenting policies of the
following types and minimum coverage limits that are to be in effect prior to commencement of
any work pursuant to this Agreeinent:
10.1 Covera�e and Limits
(a) Commercial General Liability;
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(b)
10.2
(c)
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate.
Automobile Liability:
$300,000 -
Each occurrence on a combined single limit basis.
Coverage shall be on any vehicle used by Agency, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
Worlcer's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any
other state worlcers' compensation laws where the worlc is being performed.
(d) Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit.
Genei•al Requirements
(a) The commercial general liability and automobile liability policies
name City as an additional insured thereon, as its interests may appear,
term "City" shall include its employees, officers, officials, agents,
volunteers in respect to the conh�acted services.
shall
The
and
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of 30 days' notice of cancellation or reduction in limits of
coverage shall be provided to City, Ten days' notice shall be acceptable in
the event of non-payment of premium. Notice shall be sent to City as
provided in the Notice section of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do business
in the State of Texas. All insurers must have a minimum rating of A- VII
in the current AM 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.
(e) Any failure on the part of City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
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(� Cer�tificates of Insurance evidencing that Agency has obtained all required
iilsurance shall be delivered to the City prior to Agency proceeding with
any work pursuant to this Agreement.
11.
COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
The Parties agree that in the performance of their obligations hereunder, they shall comply
with all applicable federal, state and local laws, ordinances, rules and regulations, the requuements
in Exhibit F per�taining to performance, repoi�ting, and compliance, as those requirements may
apply to each of them, and that any worlc either produces in connection with this Agreement will
also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If
either Party notifies the other Party of any violation of such laws, ordinances, rules or regulations,
the Party in violation shall immediately desist from and conect the violation.
12. NON-DISCRIMINATION COVENANT
The Pai-ties, for themselves, their personal representatives, assigns, sub-vendors and
successors in interest, as part of the consideration herein, agree that in the performance of their
respective duties and obligations hereunder, they shall not discriminate in the treatment, assistance
provided under this Agreement, or employment of any individual or group of individuals on any
basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BYEITHER OF THE PARTIES, ITS
RESPECTIVE PERSONAL REPRESENTATIVES, ASSIGNS, SUB-VENDORS OR
SUCCESSORS IN INTEREST, EACH OF THE PARTIES AGREE TO ASSUME SUCH
LIABILITY AND TO INDEMNIFY AND DEFEND THE OTHER AND HOLD IT
HARMLESS FROM SUCH CLAIM, TO THE EXTENT THAT SUCH
DISCRIMINATION, IF ANY, WAS THE ACTION OF THE NAMED PARTY, ITS
AGENTS, EMPLOYEES, SERVANTS OR REPRESENTATIVES, A1�1D 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 Pai�ty, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other Pai�ty by United States Mail, registered, return receipt
requested, addressed as follows;
To City:
City of Fort Worth
City Manager's Office
Attn: Tara Perez, Dir�ections Home
To Agency:
Fort Worth Housing Solutions
Attn:_Mary-Margaret Lemons, President
1201 E. 13�}' Street
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CITY OF i'ORT WORTH AGR�EMENT FOR HOMELESS HOUSING AND
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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.
Fort Worth TX 76102
Facsimile: (817) 333-3628
With a copy to the Agency's General Counsel
at the same address.
Neither City nor Agency shall, during the tei�rn of this Agreement and additionally for a
period of one (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 shail not apply to an employee of either Pai�ty who responds to a general
solicitation of advertisement of employment by either Party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, neither the City nor the
Agency waives or surrenders any of their governmental powers or immunities. Notwithstanding
the forgoing; FWIIS agrees that if FWHS is a charitable or nonprofit organization and has or claims
an immunity or exemption (statutory or other•wise) from and against liability for damages or injury,
including death, to persons or property, FWHS hereby expressly waives its rights to plead
defensively such immunity or exemption as against the City. This section shail not be constructed
to affect a governmental entity's immunities under constitutional, statutory or common law pled
against any other entity other than the City and Agency, and as to Agency, only to the extent that
Agency is a governmental entity.
16. NO WAIVER.
The failure of City or Agency to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Agency's respective right to insist upon appropriate performance or to assei�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 Colu�t for the Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
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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 1VIAJEURE.
City and Agency shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of
the public enemy, fires, strilces, locicouts, natural disasters, wars, riots, epidemics or pandemics,
material or labor restrictions by any governmental authority, transportation problems, restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of
any States, civil disturbances, other national or regional emergencies, and/or any other similar
cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively "Force Majeure Event"). The perfoimance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure Event, and an
explanation as to how it hinders the party's perfoi�rnance, as soon as reasonably possible, as
determined in the City's discretion, after the occui7ence of the Force Majeure Event. The form of
notice required by this section shall be the same as section 13 above.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
21. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the d�•afting party shall not be employed in the interpretation of this Agreement
or Exhibits ��A", �B", ��C", "D", "E", "F" "G", and "H".
22. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a Party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each Party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits "A", "B", "C", "D", "E", "F", "G" and "H"
contains the entire understanding and agreement between City and Agency, their assigns and
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successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
vv��itten agreement is hereby declared null and void to the extent in conflict with any provision of
this Agreeinent.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counteipai-t shall,
for all purposes, be deemed an original, but all such counteiparts shall together constitute one and
the same instrument.
25. WARI2�NTY OF SERVICES.
Agency warrants that its seivices will be of a professional quality and conform to generally
prevailing HUD's PHA and City's industry standards. City must give written notice of any breach
of this warranty within 30 days from the date that the seivices are completed. In such event, at
Agency's option, Agency shall either (a) use commercially reasonable efforts to re-perfoi�rn the
seivices in a manner that conforms to the warranty, or (b) refund the fees paid by City to Agency
for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT
Agency shall verify the identity and employment eligibility of its employees who perform
worlcing under this Agreement, including completing the Employment Eligibility Verification
Form (I-9). To the extent permitted by applicable law, upon request by City, Agency shall provide
City with copies of all I-9 forms and supporting eligibility documentation for• each employee who
perfot�rn work under this Agreement. Agency shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such sei-vices. AGENCY SHALL, TO THE
EXTENT ALLOWED BY LAW, INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY AGENCY, AGENCY'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. City, upon written notice to Agency, shall have the right to
immediately terminate this Agreement for violations of this provision by Agency.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exchisive owner of all repo2-ts, 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 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 Work Product shall intu�e to the beneiit of
City from the date of conception, creation or fixation of the Woric 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"wor•lc-made-for-
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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, trademarlc, trade secret, and ali other proprietary rights
therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the pai-t of City. Notwithstanding the above, Agency
shall retain digital copies of the "reports, worlc papers, procedures, guides and documentation,
created, published, displayed, and/or produced in conjunction with the services provided under
this Agreement, to the extent necessary to comply with Federal and State document retention
requirements and regulations, and to respond to FOIA and Texas PIA Requests, for the duration
of the homelessness plan, "Directions HOME," until such records are no longer needed, the
r•etention periods have expired, and/or said docurnents have been destroyed in accordance with
Agency's document destruction schedule.
28. CAANGE IN COMPANY NAME OR OWNERSHIP
Agency shall notify City's Assistant City Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated city records. The chief
executive officer of Agency or authorized official must sign the letter. A letter indicating changes
in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of
director's resolution approving the action, or an executed merger or acquisition agreement. Failure
to provide the specified documentation may adversely impact future invoice payments.
29. SIGNATURE AUTHORITY.
The persons signing this Agreement hereby warrant 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 repi•esentative of Agency or City.
Each Party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
30. CONFIDENTIAL INFORMATION
Agency and City acicnowledge that both the Agency and the City are governmental entities
and are subject to the Texas Public Information Act ("Act"). By executing this agreement, Agency
acknowledges that this agreement will be publicly available on the City's and/or Agency's
websites, and the Pai-ties are each, therefore, waiving any claim of confidentiality, whethei• based
in statute or the coinmon law, to any and all materials contained as part of this agreement including
all documents and information referenced herein or attached hereto.
[SIGNATURE PAGE TO FOLLOW]
Page 13 of 44
CITY OF FORT WORTH AGREEMENT FOR HOMELESS HOUSING AND
SERVICES PROGRAM FUNDS — FORT WORTH HOUSING SOLUTIONS
21-0512
Mary-Margaret Lemons (Dec 27, 2021 12:48 CST)
Dec 27, 2021
Tara Perez (Dec 27, 2021 13:43 CST)
Tara Perez (Dec 27, 2021 13:43 CST)
Jo Pate (Jan 3, 2022 13:31 CST)
Fernando Costa (Jan 3, 2022 14:58 CST)
Jan 3, 2022
Jannette S. Goodall (Jan 3, 2022 16:48 CST)
Jannette S. Goodall
EXHIBIT "A"
SCOPE OF SERVICES
� . . . . . _ _ �. _ I►1
_ __ _ • ► _ • �_ •__'►l-
HOUSING AUTHORITY OF THE CITY OF FORT WORTH DBA FORT WORTH
HOUSII�IG SOLUTIONS will clo the following:
Agency shall comply with all requirements in the attached TDHCA contract, except for those that
require the City of Fort Worth to submit infoi�nation to TDHCA, — including eligible expenses,
programmatic and financial reporting, and compliance — as set forth in Exhibits F and G.
Agency shall pay rental assistance to landlords of permanent supportive housing clients on a
continuous basis. Although the clients may change, Agency shall provide rental assistance to at
least 45 clients during the term of this Agreement.
Eligible clients are those who are currently on HHSP permanent supportive housing program and
chronically homeless in the City of Fort Worth and referred by Tarrant County Homeless Coalition
from the Coordinated Entry list for permanent supportive housing.
Agency shall pay application fees, apartment administrative fees, security deposits, high rislc fees
and opportunity fees as funds are available and in consultation with Directions Home staff.
High rislc fees are extra charges for tenants without a rental history, with an eviction history, with
a criminal justice history and/or without income.
Agency will:
• Follow all provisions of the Standard Operating Procedures
• Submit complete client pacicets for all new clients
• Process applications for assistance within seven (7) days of receiving completed
applications
• Conduct housing bz•iefings within seven (7) days
• racilitate initial and subsequent apartment inspections
• Oversee the resolution of inspection deficiencies
• Notify client's case manager• within three (3) days if a client dwelling fails inspection
• Maintain documents and records, work with agencies and the City to further the goals of
the Directions Home Program and the Housing First philosophy
Supportive Seivices A�•eement — E�chibits Page 15 of 44
• Recertify clients annually specifically making sure clients meet the income eligibility
requirements and lack sufficient resources and suppoi-t networks necessaiy to retain
housing without assistance, 10 TAC 7.28(e)
• Enter client records in Homeless Management Information System (HMIS) within tluee
(3) days of start of service provision
• Submit on-time monthly list of newly housed clients with the date the application was
received, date application was completed, date given voucher, date of inspection and date
of moved-in
• Provide names of all clients.
Evaluation:
Evaluation meetings will be held with Directions Home staff to continually evaluate program and
Agency shall comply as necessar•y and in good faith.
Financial reporting:
Reimbursement Request and any necessary supporting documentation and reports will be
submitted by the 15t}' of every month in format of Exhibit "C."
Programmatic reporting:
Monthly reports will be submitted by the 15t�' of every month in format of Exhibit "D." Quarterly
reports will be submitted by the 15t1i of each December, March, June and September in the format
of Exhibit "D."
Supportive Services Agreement — Exhibits Page 16 of 44
EXHIBIT "B"
BUDGET
A�ency will submit invoice(s) for reimbursement 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 progrccT�z ficnc� code of time being billed to City/Directions Home. Electronic
time sheets are acceptable but must show dcrte timestamp of employee submission and
supervisor appi•oval. Paystub must include pay period, date paid, amount and expenses
(salary, FICA, benefits, etc.). If pay stubs are unavailable, payroll registries with
applicable expenses highlighted and labeled will suffice. Agency may not submit
payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request
with the exception of the first Reimbursement Request which may inchtde items from
the Effective Date of the Agreement to the end of the repoi-ting month or with written
peimission 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 prioi• to the date of the Reimbursement 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 reporting month or with vv�•itten
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 aliocations percentages are used, all documentation must be submitted with the first
month's invoice and if changes are made, new allocation documentation submitted with
invoice.
For the audit, bai�lc statements showing payments, Form 941s and allocation
documentation will be r•eviewed.
Supportive Services Agreeulent — E�libits Page 17 of 44
--_ _ -- ---
PROGRAM COSTS � Total $453,572.00
A. ADMINISTRATION - SALARIES (By title)
Directions Home Coordinator, HMIS clerlc, Housing � �
Clerlc, Special Pi•ogram Manager
SALARIES TOTAL: $33,675.00
__ __ _ _ _ __
ADMINISTRATION - FRINGE BENEFITS
_ _ _ - _ __ _ _.
(Can include: Employer-paid Social Security,
Medicare, Health Insurance, Dental Insurance, Vision
Insurance, Life Insurance, Disability Insurance,
Unemployment Insurance, Worlcers Compensation I
and Retirement expenses) _ �
FRINGE BENEFITS TOTAL: ( $11,682.00
_ �
-
__ ._ _ _
. _ . �
-
ADMINISTRATION TOTAL: * $45,357.00
_ _ _ ( _ - _ __ _
B. HOMELESS ASSISTANCE*X: � $390,215.00 �
__- _ _ � . .. .
C. ESSENTIAL SERVICES '
x*x � $18,000.00
. . � _
TOTAL PROGRAM COST: � $453,572.00
* Administration costs include employee compensation 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. Homeless Assistance costs are associated with housing
relocation, stabilization 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
ai7ears; utility reconnection fees; reasonable and customary security and utility deposits; and
movillg costs.
*x* Essential seivices costs are associated with finding and maintaining stable housing; and
include, but are not limited to, costs for: out-patient medical services, child care, education
services, legai services, mental health services, local transpor�tation assistance, and diug and
alcohol rehabilitation and job training.
Supportive Services Agreement — E�ibits Page 18 of 44
EXHIBIT "C"
. � . . � - �.
Expenses Name of employee or Amount Date Check
client Invoiced No.
Expense: Personnel
Salary
Salary
Salary
Salary Total:
FICA (Medicare/Social Secui•ity)
FICA (Medicare/Social Security)
FICA (Medicare/Social Security)
Health Insurance
Health Insurance
Health Insurance
Dental Insurance
Dental Insurance
Dental Insurance
Life Insurance
Life Insurance
Life Insurance
Disability Insurance
Disability Insurance
Disability Insut•ance
Retirement
Retirement
Retirement
Unemployment Instu�ance
Unemployment Insui•ance
Unelnployment Insui•ance
Worlcers Compensation
Workeis Compensation
Workers Compensation
Total of all Benefits:
Mileage
Mileage
Mileage
Mileage Total:
Supportive Services Agreement— Exhibits Page 19 of 44
Cell phone
Cell phone
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:
Progi•am:
Name of Person submitting
re ort:
Date Range Covered by this
re oi�t:
I have reviewed this r•epoi•t and
certify that it is a complete,
accurate, and up-to-date
reflection of the se�vices
rendered under the terms of our
Agi•eement with the City of Fort
Woi�th.
Signahu•e:
Total
Budget Category
Admin - Salaries
Admin - Fringe
Benefits
Admin—Other
Essential Services
Homeless
Assistance
Other
Total
A B C D E
Total Previous This Remaining
Budget Reimbursements Month's Total Request Balance Available
Amount Requested Request to Date (B+D) (A-D)
Supportive Services Agreement — Exhibits Page 20 of 44
ExxIBIT «D„
REPORTING FORMS
Quarterly Report
Current Reporting
Quai�ter
Submitting Agency
Contact Name
Phone Number and
Email
Please include outcome narrative that describes how measure was accomplished for each
quarter.
`Effectiveness Measures and Quarterl ' Outcomes
Measure 1 Agency will complete the application-to-voucher process within seven (7) business
days fo1 a minimum of 90% of clients (In the notes, list the clients' names (fu•st initial, ]ast
name) who were approved for rental assistance and the number who wel•e approved less than 7 days
after receiving complete application vs. the total number approved that quarter)
Otctcome
Measure 2 Agency will ensure at least 45 clients enter the HHSP project and be served with
homeless assistance during the contract term (In the notes, list the ctients' names (t'u�st
initial, last name who leased u and received rental assistance.
Outcome
Measure 3 Of those who exit the HHSP Project, at least three will maintain housing for tlu•ee
months after exit. (In the notes, list the clients' names (fn•st initial, last name) who exited three
months prior and the number who were housed vs. the total number who exited three months
rior
Outcome
I have revie�a�ec� this r��eport and cer•tify that the measu��•es pr�ovzc�ed ar•e accz�rate and
�tpp��opr°iately �°eflect tl�e Dir•ections Home gocrls set fo��t1� in t1�e conti°czct.
Authorized Signatory
Date
Suppoi•tive Services Agreement— Exhibits
Signatory Title
Page 21 of 44
Monthly Report I
or Vendor Name:
Tenas �epa�Unent of Ilousing and Community Affalrn
Supplementai tiHSP Manlhly Report Calleclion Form
3dJusting a pdor mon[hP
Is the reason for the
� �
_... ........ ....... ._ .... . ... ... . .. . ... ... .... .... ......... ....... ........ ...... ���..... .......
HHSP Monthly Performance Report � I
TotalCom�onents Undu���licated�HHSP�.��.Entrias I��. � 'i '� �
TotalComponentsforPersons � � � ��� I
Entering o Persons Entering o �� � ' �
Total Components (or ..... ... ..... ...... . . . . .. . .. .. .. ..
HouseholdsEntedn o HouseholdsEntedn o ' �� '
�lack, Afdcan Amedcan,
fta<e
TotalRace
G
A gender [ha[ Is n
singulady'Female'
0
�
Supportive Services Agreement — Exhibits Page 22 of 44
Monthly Report II
If the new Tarrant County Homeless Coalition software system is able to pull data included in
monthly r•eports included herein and Directions Home staff confirms and agrees in writing, those
repol�ts can be substituted for repoi-ts included herein.
Supportive Sei•vices Agreement — EYhibits Page 23 of 44
Enter all new ciients on this repoi-t.
EXHIBIT "E"
REQUEST FOR BUDGET 1VIODIFICATION FORM
PROGRAM COSTS
Bud et Cate o A roved Bud et Chan e Re uested Revised Bud et
Salaries
Frin e Benefits
Mileage
Cell Phones/E ui ment
Homeless Assistance
Administration/Indirect
Other� Approved (excluding
Admin/Indirect
Total Costs
• All proposed changes must have prior written City approval
I have �°evie�ved tl�is reqirest and ce�°tifj� thctt the listed »zoclzf ccztions cri°e co�°rect.
Authorized Signatory
Date
0 Modification Approved
Staff Signature
Title
� Modification NOT Approved
Date
Page 24 of 44
CITY OF FORT WORTH
AGRE�M�NT FOR HOMELESS HOUSING AND S�RVIC�S PROGRAM FUNDS — FORT WORTH
HOUSING SOLUTIONS
EXHII3IT "F"
GRANT REQUIRElVIENTS
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. 63226010006
Section 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS, AND AUDIT
REQUIREMENTS
a. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS. Except as
expressly modified by law or the terms of this Contract, Subrecipient shall comply
with the cost principles and uniform administrative requirements set forth in
UGMS. All references therein to "local government" shall be construed to mean
Subrecipient. Subrecipient agrees that if funds are added to this Contract, UGMS
will remain the administrative requirement.
b. AUDIT. In accordance with 10 TAC §1.403(e), if Subi•ecipient 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 requiz•ements,
or a combination thereof must have a Single Audit.
c. COSTS. Departlnent shall not be liable to Subrecipient for certain costs, including
but not limited to costs which:
1, have been reimbursed to Subrecipient
reimbursement to Subrecipient by any
Department;
2
3
or are
source
subject to
other than
at•e not allowable costs, as set foi�th in the pr•ovisions of the HHSP
State Rules and Section 8(B) of this Contract;
are not sh•ictly in accordance with the terms of this Contract,
including the exhibits;
4. have not been reported to Department within the Close-Out Period
of this Contract; or
5, ai�e not incurred during the Contr•act Term.
d. ACCESS. Department reserves the right to conduct additional audits of the funds
received andperformances rendered under this Contract. Subrecipient agrees to
Page 25 of 44
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGKAM FUNDS — FORT WORTH
HOUSING SOLUTIONS
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 Depai�tment to Subrecipient.
e. SUBAWARDS. The Subrecipient shall include language in any subcontract or
subgrant that provides the Department the ability to directiy review, monitor, and/ar•
audit the operational andfinancial performance and/or records of worlc performed
under this Contract.
£ AUDIT CERTIFICATION FORM. For any fiscal year ending within or
immediately after the Contract Term, Subrecipient must submit an "Audit
Certification Form" (available fiom 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 shail comply with all the recordlceeping requirements and
shall maintainfiscal and programmatic records and supporting documentation for all
expenditures made under this Contract in accordance with the UGMS Section III,
Common Rule: State Uniform AdministrativeRequirements for Grants and Cooperative
Agreements, Subpart C—Post Award Requirements, _.42. Subrecipient agrees to
comply with any changes to the UGMS' recordlceeping 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 consistentiy for all Program Participants. The written standards must include,
but are not limited to Inclusive Maricetingas identiiied 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 Pai�ticipant regardless if the client is directly
receiving the funds:
d. ACCESS TO RECORDS. Subrecipient agrees that Department, the Auditor of the
State of Texas, the Comptroller of the State of Texas, or any of their duly authorized
representatives, shall have theright to access 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 maintain such records in an accessible location.
e, RECORD RETENTION. Records regarding Program Participant eligibility shall be
Page 26 of 44
CITY OF FORT WORTH
AGRE�M�NT FOR HOMEL�SS HOUSING AND S�RVICES PROGRAM FUNDS — FORT WORTH
HOUSING SOLUTIONS
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
star�ts on the day the Single Audit is due or would bedue if the Single Audit requirements
are not triggered, except if any litigation, claim, negotiation, audit, monitoring,
inspection or other action has stai�ted before the expiration of the required record
retention period. In this case, records must be retained until completion of the action
and resolution of all issues which arise from it, or until the end of the required
recordkeeping period as described herein, whichever is later.
f.
OPEN RECORDS. Subrecipient acl�tlowledges that all information collected,
assembled, or maintained by Subrecipient pei�taining 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 pal�ties with reasonable access to
all records per�taining 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 performance reporting and drawing fiinds 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 r•equirements 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 monitorsubcontractors or subgrantees. Any
subcontract or subgrant for the delivery of ciient assistance will be subject to monitoring
by the Department pur•suant to 10 TAC §7.11.
a. Subrecipient will notify the Depai-tment 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
Page 27 of 44
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS — FORT WORTH
HOUSING SOLUTIONS
providedto 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.
b. In no event shall any provision of this Section be construed as relieving Subrecipient of the
responsibility for ensuring that the performances under all subcontracts and subgrants are
renderedso as to comply with all of the terms of this Contract, as if such performances
rendered were render•ed 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 Contr•act.
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 maintain
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 any of the Parties indicated herein, has a financial or
other interest in the firm selected for an award.
c. The officeis, employees, and agents of the Subrecipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or pai-ties 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 emer•gency 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 required forPrograin Participant files under Section 9(C) of
this Contract \
f. For transactions and activities other than the procurement of goods and services, no
Page 28 of 44
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS — FORT WORTH
HOUSING SOLUTIONS
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 fiom 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 oi� herself or for those with whom he or she
has family or business ties, during his or her teilure or during the one-year period following
his or her tentu�e
SECTION 27. l�TONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND
EQUAL OPPORTUNITY
a. NON-DISCRIMINATION. A person shall not be excluded fiom participation in, be denied
the benefits of, be subjected to discrimination under, or be denied employment in the
administration ofor in connection with any program or activity funded in whole or in part
with funds made available under this Contract, on the gi•ounds of race, color, religion, sex,
national origin, age, or disability.
b. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment
Oppoi-tunityProgram 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-t107
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
implementing regulations at 24 C.F.R. Part 1, and (v) Titles II and III of the Americans
with Disabilities Act of 1990 (42 U.S.C.
§§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S, Department
of Justiceat 28 CFR Parts 35 and 36.
d. REASONABLE ACCOMMODATIONS. Subrecipients shall operate each program or
activity receivingHHSP iinancial assistance so that the program or activity, when viewed
in its entirety, is readily accessible and usable by individuals with disabilities.
Subrecipients are also required to provide reasonable accommodations for persons with
disabilities.
Page 29 of 44
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS — FORT WORTH
HOUSING SOLUTIONS
e. GENERAL. Subrecipient shall make lcnown that use of the facilities and services fiinded
under this Contract 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.
f. SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of
itssubcontracts and subgrants.
SECTION 28.DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that neither it nor• its clu�rent principal
employees, board members, agents, or contractors are presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded by any federal department oi•
agency as provided in the Certification Regarding Debarment, Suspension and Other
Responsibility Matters attached hereto as Addendum C and incorporated herein for all relevant
pui�poses. The terms "covered transaction", "debai�ed", "suspended", "ineligible", "lower tier
covered transaction", "pai�ticipant", "person", "primai•y covered transaction", "principal",
"proposal", and "voluntarily excluded", as used in the cei�tification attached as Addendum C,
have the meaning set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. Subrecipient also cei�tifies that it will not award any funds provided
by this Contract to any person who is proposed for debarment under 48 CFR Part 9, subpai-t
9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance progr•ams 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 checicing the System for Award
Management ("SAM") at www.sam.gov and including a copy of the results in its project iiles.
Subrecipient may decide the fi�equency by which it determines the eligibility of its
subcontractors. Subrecipient may rely upon a certification of a prospective subcontractor that
is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient lcnows
that the cei-tification iserroneous. Failure of Subrecipient to furnish the certification attached
hereto as Addendum C or an explanation of why it cannot provide said cei�tification 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. Subrecipientfurther agrees by executing this
Contract that it will include the certification provision titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exciusive-Subcontracts," as set out in
Addendum C, without modification, and this language under this Section 28, in all its
subawards.
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HOUSING SOLUTIONS
Trafficl�ing Section 106(g) of the Traf�cicing Victims Protection Act of 2000 as amended
(22 U.S.C.7104)
�7104. Prevention of trafficking
(a) Ecoi2om�ic alte�°�2crtaves to pr�event cenc� c�ete�� tr^affi.ckzng
The President shall establish and cariy out international initiatives to eiihance economic opportunity for•
potential victims of trafficking as a method to deter trafficicing. Such initiatives inay include—
(1) microcredit lending programs, training in business development, skills training, and job counseling;
(2) programs to promote women's participation in economic decision making;
(3) programs to keep children, especially girls, in elementary and secondary 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) Pzrblic c�i-t�ar�eness crnd ii�for°�nation
(1) In� genei°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 carry out prograrns to increase public
awareness, particularly among potential victims of trafiicicing, of the dangers of trafficicing and the
protections that are available for victims of trafficicing.
(2) Grants to assist in the recognition of t���afficl�ing
(A) Definitior�s
In this paragraph:
(i) ESEA ter•Jns
The terms "eleinentary school", "local educational agency", "other staff', and "secondary school"
have the meanings given the terms in section 7801 of title 20.
(ii) High-ir��tej�si.ry ch�ild sex trczff c1�ir�g ar�ea
The term "high-intensity child sex trafficicing area" means a metropolitan area designated by the
Dir•ector of the Federal Bureau of Investigation as having a high rate of children involved in sex
trafficicing.
(iii) Lcrbo�° tr�afficlzing
The term "labor trafficking" means conduct described in section 7102(9)(B) 1 of this title.
(iv) ScT7ool stuff
The term "school staff' means teachers, nurses, school leaders and administrators, and other staff
at elementary schools and secondary schools.
(v) Sex tr�crffrcicing
The term "sex trafficicing" means the conduct described in section 7102(9)(A) 1 of this title.
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(B) In ge��er°al
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,
nongovernmental agency, to establish, expand, and suppoi�t programs—
(i) to educate school staff to recognize and respond to signs of labor trafficicing and sex trafiicicing;
and
(ii) to provide age-appropriate information to students on how to avoid becoining victims of labor
trafficicing and sex trafficicing.
(C) Pf°ogr°am reqi�i�^ements
Amounts awarded under this paragraph shall be used for—
(i) education regarding—
(I) avoiding becoming victims of labor trafficking and sex trafficking;
(II) indicators that an individual is a victim or potential victim of labor trafficicing or sex
trafficicing;
(III) options and procedures for refei7ing such an individual, as appropriate, to infol�rnation on
such trafiicicing and seivices available for victims of such trafficking;
(N) 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 enforceinent agencies, to
ensure the safety of school staff and students repoi-ting such trafficicing,
(D) Pi°iorit��
In awarding grants under this paragraph, the Secretary shall give priority to local educational agencies
serving a high-intensity child sex trafficking area.
(c) Bor�der interdretion
The President shall establish and carry out progi•ams of boi�der interdiction outside the United States. Such
programs shall include providing grants to foreign nongovernmental organizations that provide for transit
shelters operating at key border crossings and that help train survivors of trafficking in persons to educate
and train border guards and officials, and other local law enforcement officials, to identify trafficicers and
victims of severe forms of trafficicing, and the appr•opriate manner in which to treat such victims. Such
programs shall also include, to the extent appropriate, monitoring by such survivors of trafficicing in persons
of the implementation of border interdiction programs, inchiding 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 oppoi�tuiuty for any trafiicking victim who is fi•eed to return to his or her pi•evious
residence if the victim so chooses.
(d) Intei°natio��al mediu
The President shall establish and carry out programs that support the production of television and radio
prograins, including documentaries, to inform vulnerable populations oveiseas of the dangers of trafficicing,
and to increase awareness of the public in countries of destination regarding the slave-like practices and
other huinan rights abuses involved in trafficicing, including fostering linlcages between individuals working
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SOLUTIONS
in the media in different countries to determine the best methods for informing such populations tluough
such media.
(e) Com�bating i��.ter°natioi��al sex toi��°ism
(1) Developi�zent and dissemincrtion of n��ater�icrls
The President, pursuant to such regulations as may be prescribed, shall ensure that materials are
developed and disseminated to alert travelers that sex tourism (as described in subsections (b) through (�
of section 2423 of title 18) is illegal, will be prosecuted, and presents dangers to those involved. Such
materials shall be disseminated to individuals traveling to foreign destinations where the President
determines that sex tourism is signiiicant.
(2) Nloi2itor•in�g of cornpliczn�ce
The President shall monitor compliance with the requirements of paragraph (1).
(3) Fecasibility r•e�ort
Not later than 180 days after December 19, 2003, the President shall transinit to the Committee on
International Relations of the House of Representatives and the Committee on Foreign Affairs of the
Senate a report that describes the feasibility of such United States Government materials being
disseminated through public-private pai-tnerships to individuals traveling to foreign destinations.
(� Consitltcrtiort� reqiriren2e��t
The President shall consult with appropriate nongovernmental organizations with respect to the
establishment and conduct of initiatives and programs described in subsections (a) through (e).
(g) Te�°mination of cer�tcain g�ants, cont�°acts and cooperc�tive c�gt•ee»�en�ts
The President shall ensure that any grant, contract, or cooperative agreement provided or entered into by
a Federal department or agency under which funds are to be provided to a private entity, in whole or in part,
shall include a condition that authorizes the department or agency to terminate the grant, contract, or
cooperative agreement, or talce any of the other remedial actions authorized under section 7104b(c) of this
title, without penalty, if the grantee or any subgrantee, or the contractoi• or any subcontractor, engages in, or
uses labor recruiters, brolcers, or other 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 trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, coniiscating, or otherwise denying an empioyee access to that
employee's identity or immigration documents.
(B) Failing to provide return transportation or pay for return transpoz-tation 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 fi•om the requirement to provide or pay for such return transportation by the Federal
depai-tment or agency providing or entering into the grant, contract, or cooperative agreement; or
(ii) the employee is a victim of human trafficicing seel�ing victim seivices or legal redress in the
country of employment or a witness in a human trafficking enforcement action.
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(C) Soliciting a person for the puipose of employment, or offering einployment, by means of
materially false or fraudulent pretenses, representations, or promises regarding that employment.
(D) Charging reciuited employees placement or reciuitment fees.
(E) Providing or arranging housing that fails to meet the host countiy housing and safety standards.
(h) Preven�tion of t�°cfficlzing i�� conji�nction ivitl� post-conflict canc� hin�urnitcri°ian emer•gency assistcrrzce
The United States Agency for International Development, the Department of State, and the Department
of Defense shall incorporate anti-trafficicing and protection measures for vulnerable populations, particularly
women and children, into their post-conflict and humanitarian emergency assistance and program activities.
(i) Ac�c�ztional measu�°es to pr�event and deter trcfficl�ing
The President shall establish and carry out programs to prevent and deter tr•afiicking in persons,
including—
(1) technical assistance and other support to improve the capacity of foreign governments to investigate,
identify, and carry out inspections of private entities, includiug labor recruitment centers, at which
t�afficicing victims may be exploited, pai�ticularly e�loitation involving forced and child labor;
(2) technical assistance and other support for foreign governments and nongover•nmental 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
nongovernmental organization-operated hotlines;
(3) technical assistance to provide legal frameworlcs and other programs to foreign governments and
nongovernmental organizations to ensure that—
(A) foreign migrant workers are provided the same protection as nationals of the foreign country;
(B) labor recruitment firms are regulated; and
(C) worlcers providing domestic services 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 traffickers to exploit such populations.
(j) Pr�evention of child t�°c�fficlzzng th�°oiigh� child ma�°i°iage
The Secretary of State shall establish and implement a multi-year, multi-sectoral strategy—
(1) to prevent child mai7iage;
(2) to promote the empowerment of guls ai risk of child marriage in developing countries;
(3) that should address the unique needs, vulnerabilities, and potential of girls younger than 18 yeais 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.
(Iz) Agerzcy caction to p�°event fzrnding of I��u�ncl» tt��affi.cl�ing
(1) In gener�al
At the end of each fiscal year, the Secretary of State, the Secretary of Labor, the Administrator of the
United States Agency for International Development, and the Director of the Office of Management and
Budget shall each submit a r•epoi�t to the Administrator of General Services that includes—
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CITY OF FORT WORTH
AGRE�MENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS — FORT WORTH HOUSING
SOLUTIONS
(A) the name and contact information of the individual within the agency's Office of Legal Counsel
or Office of Acquisition Policy who is responsible for overseeing the implementation of—
(i) subsection (g);
(ii) title XVII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a
et seq.); and
(iii) any i•egulation in the Federal Acquisition Regulation (48 C.F.R. 1 et seq.) that is �•elated to any
subject matter referred to in clause (i) or (ii);
(B) agency action to ensure that contractors are educated on the applicable laws and regulations listed
in subparagraph (A);
(C) agency action to ensure that the acquisition worlcforce and agency officials understand
implementation of the laws and regulations listed in subparagraph (A), including best practices for—
(i) ensuring compliance with such laws and regulations;
(ii) assessing the serious, repeated, willful, or pervasive nature of any violation of such laws or
regulations; and
(iii) evaluating steps contractors have taken to coi7•ect any such violation;
(D)(i) the number of contracts containing language refei-�ing 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 trafficicing in persons received; and
(ii) the source type of the allegation (such as contractor, subcontractor, employee of contractor or
subcontractor, or an individual outside of the contract);
(F)(i) the number of such allegations investigated by the agency;
(ii) a summary of any findings from such investigations; and
(iii) any improvements r•ecommended by the agency to prevent such conduct from 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 refer•rals;
(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 per•sons; or
(ii) a contract was terminated pursuant to subsection (g) as a result of such violation;
(I) any other assistance offered to agency contractors to ensure compliance with a law or regulation
relating to severe %rms of trafficicing 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 reveallocation, for each such contractor or subcontractor.
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CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SEI2VICES PROGRAM FUNDS — FORT WORTH HOUSING
50LUTIONS
(2) Appr�opr•iate congi°essio��cal co»zmittees
In this subsection, the term "appropriate congressional committees" means—
(A) the Committee on Foreign Affairs of the House of Representatives;
(B) the Committee on Armed Services of the House of Representatives;
(C) the Committee on Education and the Worlcforce of the House of Representatives;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the Committee on Oversight and Government Reform of the 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 Judiciary of the Senate; and
(I) the Committee on Health, Education, Labor, and Pensions of the Senate.
(l) Info�°mation ��egarding l�i�rnan tr�a�cl�ing-relcrtec� visa denials
(1) h� generc�l
The Secretary of State shall ensure that the Office to Monitor and Combat Trafficicing in Persons and
the Bureau of Diplomatic Security of the Depai-tment of State receive timely and regular infoimation
regarding United States visa denials based, in whole or in part, on grounds related to human trafficicing.
(2) Decisions r�eg�rr�drng allocation
The Secretary of State shall ensure that decisions regarding the allocation of resources of the
Department of State r•elated to coinbating human trafficking and to law enforcement presence at United
States diplomatic and consular posts appropriately talce into account—
(A) the information described in paragraph (1); and
(B) the information included in the most recent repoi�t submitted in accordance with section 7107(b)
of this title.
Personal Responsibility and Worl� 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 that the individual applying for
HHSP funds is a qualiiied �•ecipient for fi�nding under the Personal Responsibilityand Worlc Opportunity
Act of 1996 (11 PRWORA 11 Pub. L. 104'-193, 110 Stat. 2105, codiiied at 8 U,S,C.
§ 1601 et. seq., as amended by the Omnibtts 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
befar�e graniing eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient inust use the SAVE verificationsystem
to verify and docuinent qualified alien eligibility once access to the system is provided by the Department.
Page 36 of 44
CITY OF FORT WORTH
AGREEMENT FOR HOMELESS HOUSING AND SERVICES PROGRAM FUNDS — FORT WORTH HOUSING
SOLUTIONS
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-lcind services at the coinmunity
level, (2) are necessary for the protection of life or safety, and (3) do not condition the provision of
assistance on the applicant's income or resources. Generally, under the HHSP State Rules, an activity that
provides a public benefit to a Household that is Homeless is exempt, while an activity that is provided to a
Household that is At-Risk of Homelessness is not exempt. However, if Subrecipient has adopted income-
based cr•iteria for the provision of assistance, than that activity may be subject to the Act. Yet, some
activities do not provide a public benefit to a Household such as a case manager performing a Household
eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C) of the PRWORA also
exempts "public health assistance for immunizations with respect to irrununizable diseases and for testing
and treatment of symptoms of carnmunicable diseases whether or not such symptoms are caused by a
communicable disease."
If Subrecipient is unsure of whether or not an activity is exempt fi•om the Act, it should contact the
Department before beginning the activity to receive a written determination
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE)
SYSTEM
Subrecipient shall:
System Use
Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e,g., alien registration number) required by the
SAVE Program;
Physically examine the documentation presented by the applicant and determine whetherthe document(s)
reasonably appear•(s) to be genuine and to relate to the individual;
Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient
requests for verification of iirunigration or naturalized or derived citizenship status information, including
(1) information fi•om the applicant's immigration or naturalization documentation for initial automated
verification, (2) additional information obtained from the alien's immigration or naturalization
documentation for automated additional verification, and
(3) completed Forms G-845 and other documents and information required for manual additional
verification, For manual only verification, ensure that Forms G-845 and other documents and information
required for manual verification are provided;
Ensure that, prior to using the Veriiication Information System, all einployees designated by Subrecipient to
use SAVE on behalf of the Subrecipient (Users) performing veriiication procedures cornplete SAVE
required training including: reading the SAVE Program Guide, talcing the latest version of Web ttrtorial(s),
http://www.uscis.gov/save/what-save/save-webinars, and maintaining a worlcing lcnowledge of requirements
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contained therein and in this Contract as updated. Documentation of training must be maintained by the
Subrecipient for monitoring review;
Ensure that Users are provided with and maintain User lds only while they have a need to perforin
verification procedures;
Ensur•e all Useis performing verification procedures comply with all requirements containedin the SAVE
Program Guide, web-based tutorial, this Contract, and updates to these requirements;
Ensure that all Users performing verification procedures have contact information for the SAVE Program
and SAVE Monitoring and Compliance. Contact information can be found at
http://www.uscis.gov/portal/site/uscishnenuitem.eb 1 d4c2a3 e5b9ac89243 c6a7543f6d 1 a/?vgne
xtoid=0d37dffd79029310VgnVCM100000082ca 60aRCRD&vgnextcha nne1=0d37dffd79029310Vg
nVCM100000082ca60aRCRD
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 determining the
eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information
in accordance with this and all other provisions of this Contract
Comply with the requirements of the Federal Information Security Management Act ("FISMA") (PL-107-
347), Title Ill, Section 301 and OMB guidance as applicable to electronic storage, transport of records between
agencies, and the internal processing of records r•eceived 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 peison(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_Docu ments/Fact Sheet_HowToCo
rrectYourRecordswithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online
Resources);
Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws,
regulations, and policies, including but not limited to a110MB and DHS privacy guidance, in conducting
verification procedures pursuant to this Contract, and in safeguarding,maintaining, and disclosing any data
provided or received pursnant 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 benefit-applicants who ar•e 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
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SOLUTIONS
individual may correct their records in a timely maruler, 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
i7�ectYourRecordswithUSCIS.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
cor7ect their records prior to a final decision, if necessary; and
Refrain fi�om using SAVE, or assisting any person or entity, to comply with the employment eligibility
veriiication requirements of Section 274A of the Immigration and Nationality Act, 8
U.S.C, §1324a.
Monitoring and Compliance.
Allow Depar-tment 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 Department's Compliance Division immediately whenever there is reason to believe a violation
of this agreement has occui�•ed;
Notify the Department's Compliance Division immediately whenever there is reason to believe an
information breach has occui7ed 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 Infoimation;"
Allow Depal-tment and SAVE Monitoring and Compliance to monitor and review all recordsand documents
related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not
liinited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other
applicable authority;
Allow Department and SAVE Monitoring and Compliance to conduct deslc audits and/or sitevisits to review
Subrecipient's compliance with this Addendum D and all other SAVE-related policy, procedur•es, guidance
and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data
provided or received pursuant to this Contract;
Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User lds use
and access, SAVE Training Records, SAVE financial records, SAVE biographical inforination, system profiles
and usage patterns and other relevant data;
Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all
contact persons or other peisonnel within the Subrecipient's organization or relevant contractors regarding
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any and all questions or problems which may arise in connectionwith the Subrecipient's participation in
SAVE;
Allow Depai�tment 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
Talce coi7ective 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, fraud, and abuse, and discrimination or any misuse of the system, non-
compliance with the ter•ms, conditions and safeguards of this Addendum D, SAVE Program procedures or
other applicable law, regulation or policy,
Criminal Penalties,
DHS-USCIS r•eserves 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 administrative
or criminal law.
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 Party Liability.
Each party to this Contract shall be solely responsible for its own defense against any claimor action by third
parties arisulg out of or related to the execution and/or performance of this Contract, wheiher civil or
criminal, and retain responsibility for the payment of any corresponding liability.
Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or
procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient.
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SOLUTIONS
EXHIBIT "G"
EXECUTED CONTRACT BETWEEN TEXAS DEPARTMEI�T OF HOUSING AND
COMMUNITY AFFAIRS AND THE CITY
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DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
CSC No. 56581
TEXAS DEPARTMENT OF HOUSING AND COMMU(VITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT NUMBER 63226010006
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") Genera) Set-Aside Contract Number
63226010006("Contract") is made by and between the Texas Department of Housing and Community
Affairs, a public and official agency ofthe State ofTexas ("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 ofthe Texas Government Code (hereafter, "State Act"), the implementing rules underTitle
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, �oans, and
Cooperative Agreements attached hereto as Addendum A; the Certification Regarding Drug-Free
Worl<place 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.
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C. Except for changes that are required because of changes described in Section 11(A) of this Contract
or as otherwise specifically described in this Contract, Subrecipient shall implement HHSP in
accordance with the requirements of the HHSP State Rules in effect on 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 OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall
reimburse Subrecipient for the actual, allowable, and approved costs that are consistent with
amounts 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 mal<e 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 FOUR HUNDRED FIFTY-THREE
THOUSAND FIVE HUNDRED SEVENTY-TWO DOLLARS ($453,572.00).
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 Ru les.
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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 backup 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 mal<e 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 otherthan Department;
(2) are not allowable costs, as set forth in the provisions of the State Act and the HHSP State Rules
and Section 8(B) of this Contract;
(3) are not strictly in accordance with the terms of this Contract, including the Exhibits;
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(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 of worl< performed under this Contract.
F. AUDIT CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract
Term, Subrecipient must submit an "Audit Certification Form" (available from the Department) within
two (2) months after the Subrecipient's fiscal year end in accordance with 10 TAC §1.403.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION OR SUSPENSION. Pursuant to 10 TAC Chapters 2 and 7, Department may terminate
or suspend this Contract, in whole or in part, at any time Department determines that there is cause
for termination. If Subrecipient fails to submit within forty-five (45) calendar days of its due date, any
report in accordance with 10 TAC §7.5 or responses to monitoring reports, Department may, in its
sole discretion, suspend payments, place Subrecipient on Cost Reimbursement method of payment,
and initiate proceedings to terminate any active Contract. In accordance with 10 TAC §2.202(b)(6),
cause for termination includes, but is not limited to, fraud, waste, abuse, fiscal mismanagement, or
other serious Findings in the Subrecipient's performance.
B. WITHHOLDING OF PAYMENTS. Nothing in this Section shall be construed to limit Department's
authority to withhold payment and immediately suspend this Contract if Department identifies
possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in
Subrecipient's performance. Suspension shall be a temporary measure pending either corrective
action by Subrecipient or a decision by Department to terminate this Contract.
C. DEPARTMENT 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.
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E. FUNDS. Upon termination ofthis Contract, all funds remaining on hand on the date of termination,
and all accounts receivable attributable to the use offunds received underthis Contract shall transfer
back to Department. Subrecipient shall return the remaining funds to Department within sixty (60)
calendar days after the date this Contract terminates.
SECTION 8. ALLOWABLE EXPENDITURES
A. Whether the Subrecipient's costs incurred in the performance of this Contract are considered
allowable, shall be determined in accordance with the provisions of the State Act and the HHSP State
Rules, subject to the limitations and exceptions set forth in this Contract.
B. HHSP General Revenue funds may be used for administrative activities as well as allowable
expenditures 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 recordl<eeping 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 Marl<eting 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 Intake Application including an area for execution by all adult Household members
(which may include an electronic signature), certifyingthe validity of information provided and an
area to identify the staff person completing the intake 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/;
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(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 lacks 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 for the determination of ineligibility;
(6) Copies of all leases and rental assistance agreements for the provision of rental assistance,
documentation of payments made to owners for the provision of rental assistance, and
supporting documentation for these payments, including dates of occupancy by Program
Participants;
(7) Documentation of the monthly allowance for utilities used to determine compliance with the
rent restriction; 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 books, accounts,
records, reports, files, and other papers or property belonging to or in use by Subrecipient pertaining
to this Contract. Subrecipient agrees to maintain such records in an accessible location.
E. RECORD RETENTION. Records regarding Program Participant eligibility shall be retained by
Subrecipient for a period of five (5) years. Activities that require a LURA, must maintain the records
until the expiration of the LURA. All other records pertinent to this Contract shall be retained by
Subrecipient for a period of three (3) years that starts on the day the Single Audit is due or would be
due if the Single Audit requirements are not triggered, except if any litigation, claim, negotiation,
audit, monitoring, inspection or other action has started before the expiration of the required record
retention period. In this case, records must be retained until completion of the action and resolution
of all issues which arise from it, or until the end of the required recordkeeping period as described
herein, whichever is later.
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F. OPEN RECORDS. Subrecipient acl<nowledges 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), HHSP Subrecipient will submit
information to the Department for biennial reporting to the Texas Legislature.
E. CONSTRUCTION ACTIVITIES. In accordance with 10 TAC §7.3, if Subrecipient intends to expend
funds for new construction, rehabilitation, or conversion, Subrecipient must submit a copy of the
activity budget inclusive of all sources and uses offunding, documents for a construction plan review,
and identification of the entity and signature authorization of the individual (name and title) that will
execute the LURA. These documents must be submitted no less than ninety (90) calendar days prior
to the end of the Contract Term under which funds for the activity are provided.
F. FINAL INSPECTION REPORT. A Subrecipient must request a final construction inspection within
thirty (30) calendar days of construction completion. The inspection will cover the Shelter and Housing
Standards, Uniform Physical Construction Standards, 2015 International Residential Code (or
municipality adopted later version), Minimum Energy Efficiency Requirements for Single Family
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.
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SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. If a change in federal law or regulation or state
law or regulation occurs that requires a change, addition, or deletion to the terms of this Contract,
the change is automatically incorporated in this Contract and is effective on the date designated by
such law or regulation without the requirement of a written amendment hereto. Said changes,
additions, or deletions referenced under this Subsection A of Section 11 may be further evidenced by
a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms ofthis Contract shall be in writing and executed by both Parties to this Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic
transmission, the signing party intends the copy of its authorized signature printed by the receiving
machine or the electronic transmission, to be its original signature.
D. REQUESTS. Amendment requests may be considered at the discretion of the Department in
accordance with 10 TAC §7.4(e).
SECTION 12. PROGRAM INCOME
A. In accordance with 10 TAC §7.25, program income includes but is not limited to: income from fees
for services perFormed, the use or rental or real or personal property acquired under this award, the
sale of commodities or items fabricated under this award, license fees and royalties on patents and
copyrights, and principal and interest on loans made with this award. Security and utility deposits paid
should be a grant to the Program Participant and are not considered program income if they remain
with the Program Participant, and are returned only to the Program Participant.
B. Program income that is received during the Contract Term must be used for allowable expenditures
as described in Section 8 of this Contract.
C. Program income that is received afterthe 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 Depar-tment 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 acl<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 making procurements under this Contract.
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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 checl<ed 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 ofthis 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 laterthan 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 or to any other entity receiving HHSP funds from
the Department.
B. When the Subrecipient no longer needs equipment purchased with HHSP grant funds, regardless
of purchase price, or upon the termination of this Contract, Department may take possession and
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.
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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 work performed under this Contract until the Subrecipient satisfies
the required coverage requirements, obtains the required policy endorsements and delivers to
Department certificates of insurance evidencing that such coverage and policy endorsements are
current and effective, and receives notification from Department that the performance of worl< 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 works 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 ofthe contract. Ifthe 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(ist 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.
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SECTION 20. TECHNICALASSISTANCE AND MONITORING
A. Department may provide technical guidance to explain the rules and provide directions on terms
of this Contract.
B. Department or its designee may conduct periodic on- or off-site monitoring and evaluation of the
efficiency, economy, and efficacy of Subrecipient's performance of this Contract in accordance with
the HHSP State Rules. Department will advise Subrecipient in writing of any deficiencies noted during
such monitoring. Department will suggest or require changes in Subrecipient's program
implementation or in Subrecipient's accounting, personnel, procurement, and management
procedures in order to correct any Observations, Concerns, or Findings. Department may conduct
follow-up visits to review and assess the efforts Subrecipient has made to correct previously-noted
Observations, Concerns, or Findings.
C. Department may 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.
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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 Subrecipient to enter into this Contract or to render performances hereunder. Subrecipient is liable
to Department for any money it has received from Department for performance of the provisions of
this Contract, if the Department has terminated this Contract for reasons enumerated in this Section
21.
E. MERGER; DEFAU�T. Subrecipient understands that it is an event of default under this Contract if
the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good
standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient's
ability to perform under the terms of this Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL STATE AND LOCAL LAW. Subrecipient shall comply with the State Act, the HHSP State
Rules, and all federal, state, and local laws and regulations applicable to the performance of this
Contract, including, but not limited to the program requirements and fair housing laws. Upon request
by Department, Subrecipient shall furnish satisfactory proof of its compliance therewith. Subrecipient
shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any illegal
activity in the perFormance of or associated with the perFormance of this Contract. No funds under
this Contract shall be used for any illegal activity or activity that violates any federal, state or local
laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the
certification attached as Addendum B that it is implementing the Drug-Free Workplace Act of 1988
(41 USC §701 et seq).
C. LIMITED ENGLISH PROFICIENCY "(LEP"). Subrecipients that interact with program participants must
create a �anguage Access Plan to provide program applications, forms, and educational materials in
English, Spanish, and any appropriate language, based on the needs of the service area and in
compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure
compliance, the Subrecipient must take reasonable steps to insure that persons with LEP have
meaningful access to the program. Meaningful access may entail providing language assistance
services, including oral and written translation, where necessary.
D. REHABIIITATION 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.
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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 worl<
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" linl<."
F. AGE DISCRIMINATION. Subrecipient must complywith 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
lil<ely to apply for services as further outlined in 10 TAC §7.10(c)(3).
H. LEAD-BASED PAINT. Subrecipient shall complywith the Lead-Based Paint Poisoning Prevention Act,
42 U.S.C. §4821 et seq. and 24 CFR Part 35.
SECTION 23. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and
correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures
shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors,
subcontractors and administering agencies. Subrecipient's internal controls systems and all
transactions and other significant events are to be clearly documented, and the documentation is to
be readily available for monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for
the purpose of monitoring or investigating HHSP. Subrecipient shall immediately notify Department
of any discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with Department's
efforts to detect, investigate, and prevent waste, fraud, and abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation
of the terms of this Contract, or of any law or regulation, to Department or to any appropriate law
enforcement authority, if the report is made in good faith.
SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient
hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will
not I<nowingly employ an undocumented worker, where "undocumented worker" means an individual
who, at the time of employment, is not lawfully admitted for permanent residence to the United States
or authorized under law to be employed in that manner in the United States. If, after receiving a public
subsidy, Subrecipient or a branch, division, or department of Subrecipient is convicted of a violation under
8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at the rate of five percent
City of Fort Worth
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(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 byfederal 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-making process or gain inside information with regard to activities assisted under the
program, may obtain a financial interest or benefit from an assisted activity; have a financial interest
in any contract, subcontract, or agreement with respect to an assisted activity; or have a financial
interest in the proceeds derived from an assisted activity, either for him or herself or for those with
whom he or she has family or business ties, during his or her tenure or during the one-year period
following his or hertenure.
City of Fart Worth
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SECTION 26. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be construed
to prevent any state official or employee from furnishing to any member of its governing body upon
request, or to any other local or state official or employee or to any citizen information in the hands
of the employee or official not considered under law to be confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government, the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award governed by the Byrd Anti-Lobbying
Amendment (31 U.S.C. §1352) as the Development Owner and each of its tiers have certified by their
execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements" attached hereto as Addendum A and incorporated herein for all relevant purposes.
SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits
of, be subjected to discrimination under, or be denied employment in the administration of or in
connection with any program or activity funded in whole or in part with funds made available under
this Contract, on the grounds of race, color, religion, sex, national origin, age, or disability.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive Order 11246 of September
24, 1965. Subrecipient must comply with the Equal Opportunity in Housing (Executive Order 11063 as
amended by Executive Order 12259) and it implementing regulations at 24 CFR Part 107.
C. ACCESSIBI�ITY 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 ofJustice at 28 CFR Parts 35 and 36.
City of Fort worth
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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 mal<e I<nown 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 principal employees, board
members, agents, or contractors are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any federal department or agency as provided in the Certification
Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C and
incorporated herein for all relevant purposes. The terms "covered transaction", "debarred", "suspended",
"ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction",
"principal", "proposal", and "voluntarily excluded", as used in the certification attached as Addendum C,
have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order
12549. Subrecipient also certifies that it will not award any funds provided by this Contract to any person
who is proposed for debarment under 48 CFR Part 9, subpart 9.4 or that is debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs under Executive
Order 12549. Subrecipient agrees that, prior to entering into any agreement with a potential
subcontractors procured by Subrecipient or prior to awarding funds under this Contract to a potential
subgrantee, that the verification process to comply with this requirement will be accomplished by
checl<ing 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
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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
smol<e 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 tal<en in the exercise of any right or remedy be deemed a waiver of
any other right or remedy. The failure of Department to exercise any right or remedy on any occasion
shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later
time.
SECTION 31. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties of this Contract relating to the subject matter
of this Contract have been reduced to writing and are contained in this Contract and attachments.
B. The attachments enumerated and denominated below are a part of this Contract and constitute
promised performances under this Contract:
(1) Addendum A- Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements
(2) Addendum B- Certification Regarding Drug-Free Worlcplace Requirements
City of Fort Worth
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(3) Addendum C- Certification Regarding Debarment, Suspension and Other Responsibility
M atters
(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 MAIURE
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
63226010006 1g
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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 of this Contract.
SECTION 39. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same instrument. Signed signature pages may be
transmitted by facsimile or other 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 DEPARTMENTOF HOUSING AND COMMUNITYAFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Abigail Versyp, Director of Single Family and Homeless Programs Division
Te I e p h o n e: 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
City of Fort Worth
63226010006 19
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7G05D
fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by
overnight service, or five (5) calendar days after mailing by certified or registered mail, postage
prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the
above Subsection A of this Section 41.
SECTION 42. VENUE AND JURISDICTION
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
Governmenta) 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, Civil Practices and Remedies Code, ADR
procedures include mediation. Except as prohibited by Department's ex parte communications policy,
Department encourages informal communications between Department staff and the Subrecipient, to
exchange information and informally resolve disputes. Department also has administrative appeals
processes to fairly and expeditiously resolve disputes. If at any time the Subrecipient would like to engage
Department in an ADR procedure, the Subrecipient may send a proposal to Department's Dispute
Resolution Coordinator. For additional information on Department's ADR policy, see Department's
Alternative Dispute Resolution and Negotiated Rulemalcing 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.
City of Fort Worth
63226010006 2�
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SECTION 45. PREVENTION OF TRAFFICKING
A. Subrecipient and its contractors must comply with Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or its subcontractor
engages in, or uses labor recruiters, brokers or other agents who engage in any of the prohibited
activities under Section 106(g) of the Traffici<ing Victims Protection Act of 2000, the Department
may terminate this Contract and Subrecipient hereby agrees and acknowledges that upon
termination, Subrecipient's rights to any funds shall be terminated.
WITNESS OUR HAND EFFECTIVE:
SUBRECIPIENT:
City of Fort Worth,
a political subdivision ofthe State ofTexas
—DocuSigned by:
��.ay.�o Co�X�.
By:
Name: Fernando Costa
Title: Assistant City Manager
10/27/2021 � 12:02:04 PM CDT
Date:
THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
THIS CONTRACT IS APPROVED, ACCEPTED AND MADE TO BE EFFECTIVE ON SEPTEMBER 1, 2021, ON
BEHALF OF:
DEPARTM E NT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
A PUBLIC AND OFFICIAL AGENCY OF THE STATE OF TEXAS
DocuSigned 6y:
��r�� �/jP
By:
Name: Abi�ail Versyp
Title: Its dulv authorized officer or representative
11/1/2021 � 10:10:35 AM CDT
Date:
City of Fort Worth
63226010006 21
IN WITNESS WHEI2EOF, the Parties hereto have executed this Agreement in multiple
originals on the date written below their respective signatures to be effective on the Effective Date.
CITY OF FORT WORTH:
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
��
Femando Costa (Nov 1, 202116:43 CDT�
By,
Name: Fernando Costa
Title: Assistant City Manager
Nov 1, 2021
Date:
APPROVAL RECOMMENDED:
,rro✓� c- �Po�
B�,Tara Perez (Nov 1, 20211034 CDT)
y
Name: Tara Perez
Title: Directions Home Manager
ATTEST:
� � � . . �� . ',
. _
CONTRACT COMPLIANC� MANAGER:
By signing I acknowledge that I am the person
i•esponsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
J o✓t c- i��—
Tara Perez (Nov 1, 2021 3034 CDT)
By:
Name: Tara Perez
Title: Directions Home Manager
APPROVED AS TO FORM AND LEGALITY:
a�.
B"Jo Pate (No 1, 02113:18 CDT)
�
Name: Jo Pate
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 21-0512
1295:
Name: Ronald Gonzales
Title: Acting City Secretaiy
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226010006
_��_��.0
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Fort Worth,
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the mal<ing of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is material representation of fact on which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 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 Icnowledge and belief, that:
City of Fort Wor[h
63 226010006 2 2
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
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 shal) complete and submit Standard Form-LL�, "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 ofthe State ofTexas
—�ocuSigned by:
r �/l�t+ai'hM1P lA?�
By:
Name: Fernando Costa
Title: Assistant City Mana�er
Date:
10/27/Z021 � 12:02:04 PM CDT
City of Fort Worth
63226010006 23
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226010006
Ie17�:I�17�P►i��
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
20211.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's 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 workplace;
(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) Malcing 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
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(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the worl<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 working, 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) Tal<ing one of the following actions, within thirty (30) calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free worl<place through implementation
of paragraphs (a), (b), (c), (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of worlc done in connection with the specific
grant] (include street address, city, county, state, zip code):
1.
2.
3.
4.
Worlcplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work 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 workplace(s) on file in its office and malce the information
available for Federal inspection. Failure to identify all known worl<places constitutes a violation of the
Subrecipient's drug-free workplace requirements.
City of Fort Worth
632 26010006 2 5
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
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 Icnowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Worlcplace Act, Depar-tment, in
addition to any other remedies available to the Federal Government, may tal<e action authorized
under the Drug-Free Worlcplace Act.
City of Fort Worth,
a political subdivision ofthe State ofTexas
—DocuSigned by:
Ft�i.s•ws.�u Ca�a
By:
Name
Title:
���, , ������,.��z...
Fernando Costa
Assistant CitV Mana�er
10/27/2021 � 12:02:04 PM CDT
Date:
City of Fort Worth
63226010006 2 6
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERALREVENUE
CONTRACT 63226010006
�1i1»►1�II1Pl[�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 I<nowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily
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 recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary
fine, penalty, reimbursement, restitution, or damages of $5,000.00 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
63 226010006 2 %
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
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
acl<nowledgment 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 competentjurisdiction, 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
63226010006 28
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
LOWER TIER PARTICIPANT/ SUBCONTRACTOR:
Entity Name, Entity Type
By:
Name:
Title:
Date:
„
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient I<nowingly rendered an erroneous certification,
in addition to any other remedies available, the Department may terminate this Contract for cause or
default.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
By:
Name:
Title:
Date:
—DocuSigned by:
�en�s•ws.�o Ca��.
Assistant CitV Manager
10/27/2021 ( 12:02:04 PM CDT
City of Fort Worth
63226010006 29
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-A64619F7C05D
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226010006
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 verifythat the individual applying for HHSP
funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of
1996, ("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as
amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
To ensure that a non-qualified applicant does not receive "public benefits," a political subdivision that
administers "public benefit programs" is required to determine, and to verify, the individual's alienage
status before granting eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient must use the SAVE verification
system to verify and document qualified alien eligibility once access to the system is provided by the
Department.
There are certain types of assistance that are not subject to the Act's restriction on access to public
benefits based on immigration status. This includes activities that: (1) deliver in-kind services at the
community level, (2) are necessary for the protection of life or safety, and (3) do not condition the
provision of assistance on the applicant's income or resources. Generally, under the HHSP State Rules, an
activity that provides a public benefit to a Household that is Homeless is exempt, while an activity that is
provided to a Household that is At-Risk of Homelessness is not exempt. However, if Subrecipient has
adopted income based criteria forthe 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
63226010006 3 �
DocuSign Envelope (D: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
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 working Icnowledge 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 perForming verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance. Contact information can be found at
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgne
xtoid=0d37dffd79029310VgnVCM 100000082ca60aRCRD&vgnextchanne1=0d37dffd79029310Vg
nVCM 100000082ca60aRCRD;
(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
63226010006 3 1
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
(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 Federa) 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;
(I<) 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_NowToCo
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.
(2) Monitoring and Compliance.
City of Fort Worth
632 26010006 3 2
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
(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) Notify the Department's Compliance Division immediately wheneverthere is reason to believe
a violation ofthis agreement has occurred;
(c) Notifythe Department's Compliance Division immediatelywheneverthere is reason to believe
an information breach has occurred as a resutt 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 desl< 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) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department
or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum D, SAVE Program procedures or other applicable law, regulation or policy.
City of Fort Worth
63226010006 3 3
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
(3) Crimina) 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 crimina) 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
Al-fN: SAVE Operations
Phone: (888) 464-4218
Email: saveregistration@dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
City of Fort Worth
63226010006 34
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
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 knowledge and belief. The purpose
of this statement is to certify that City of Fort Worth:
� Is NOT a private nonprofit charitable organization and is an entity created by State Statute and
affiliated with or is a state or governmental entity (such as a housing finance agency, public
housing authority, unit of local government, council of governments, county, etc.)
Certification must have the signature from a representative with authority to execute documents
on the Subrecipient's behalf.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision ofthe State ofTexas
—DocuSigned by:
F�.�.� G'Q��
By:
Name:
Title:
Date:
Assistant Citv Manager
10/27/2021 � 12:02:04 PM CDT
City of Fort Worth
63 2 26010006 3 5
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226010006
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 following measurable activities:
A. Person Served
1.
2.
3.
4.
5.
6.
7.
Persons entering HHSP projects:
Persons experiencing Homelessness served with essential services:
Persons At-risk of Homelessness served with essential services:
Persons served with Homeless Assistance ("HA"):
Persons served with Homelessness Prevention ("HP"):
Persons who used a day or night shelter:
Persons served with Case Management:
45
Q
0
45
0
0
0
DS
�
B. Outcomes
1.
2.
Persons experiencing Homelessness who maintained housing
for three months after HHSP exit:
Persons At-risl< of Homelessness who maintained housing for
three months after HHSP exit:
C. New Beds
1.
2.
3.
New beds created through Shelter Construction:
New beds created through Shelter Rehabilitation:
New beds created through Shelter Conversion:
City of Fort Worth
3
0
n
U
0
63226010006 3 6
DocuSign Envelope ID: E2DA3203-FDF2-475E-84EF-AB4619F7C05D
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2022 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63226010006
i�:�:ir�r��
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 $45,357.00
CASE MANAGEMENT SALARY $0.00
CONSTRUCTION/REHABILITATION/CONVERSION $0.00
ESSENTIAL. SERVICES $18,000.00
FINANCIALASSISTANCE - HOMELESS $390,215.00
ASSISTANCE
FINANCIALASSISTANCE - HOMELESSNESS $0.00
PREVENTION
OPERATIONS $0.00
TOTAL FUIVDS AWARDED $453,572.00
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 make 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
63226010006 3 %
Mary-Margaret Lemons (Dec 27, 2021 12:48 CST)
President
Dec 27, 2021
Mary-Margaret Lemons
CERTIFICATION ItEGARDII�tG LOBBYING FOR CONTRACT�, GRANTS,
LOANS, AND COOPERATIVE AGREEMENTS
By executing this Agreement, Agency cei-tifies, to the best of its lcnowledge and belief, that:
1, No Federal appropriated funds have been paid oz• will be paid, by or on behalf of the
undeisigned, 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 malcing 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 coopez�ative
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 ofiicer 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 shallcomplete and submit standard form -LLL,
"Disclosure Farm to Report Lobbying", in accordance withits instructions.
3. The under•signed shall require that the language of this certiiication be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under•grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly,
This certification is material representation of fact on which reliance was placed when this
transactionwas made or entered into. Submission of this certification is a prerequisite for
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 penalty of not less
than $10,000 and not more than $100,000 foreach such failure.
Statement for Loan Guarantees and Loan Insurance
Agency states, to the best of its icnowledge 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 cointnitment providing for the United Statesto 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 statementis a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required statement shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Page 43 of 44
CITY OF FORT WORTH
AGREEMENT FOR HOM�LESS HOUSING AND SERVICES PROGRAM FUNDS — I+ORT WORTH HOUSING
SOLUTIONS
Mary-Margaret Lemons (Dec 27, 2021 12:48 CST)
President
Dec 27, 2021
Mary-Margaret Lemons
. . .
. • . �;
DATE: 08/03/21
M&C FILE NUMBER: M&C 21-0512
LOG NAME: 02ACCEPTING HOMELESS HOUSING AND SERVICES PROGRAM FUNDS
SUBJECT
(ALL) Authorize Acceptance of Grants from the Texas Department of Housing and Community 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 CitySquare,
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 HHSP-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 annually.
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 CitySquare. 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 will require that CitySquare to
use those funds prior to the new 2021-2022 funds.
An Assistant City Manager is authorized to execute the contracts.
Texas
• • .: •
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 Ciry Manager's Office has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office b}�
Originating Business Unit Head:
Fernando Costa 6122
Tara Perez
2235
Additional Information Contact: Tara Perez 2235