HomeMy WebLinkAboutContract 58510 DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB28ODC7
CSC No.58510
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT NUMBER 63236010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
SECTION 1. PARTIES TO THE CONTRACT
This 2023 Texas Homeless Housing and Services Program ("HHSP") General Set-Aside Contract Number
63236010006("Contract") is made by and between the Texas Department of Housing and Community
Affairs,a public and official agency of the State of Texas("Department"),and City of Fort Worth,a political
subdivision of the State of Texas ("Subrecipient"), hereinafter the "Parties".
SECTION 2. CONTRACT TERM FOR PERFORMANCE AND CLOSE-OUT PROCESS
This Contract shall commence on September 1, 2022, 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, 2023 ("Contract Term"), and (2) the Department's obligations under the Contract upon
the completion of Subrecipient's performance shall end on November 14,2023,and is conditioned on the
Subrecipient's successful completion of the terms herein ("Close-Out Process").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient agrees to administer a HHSP award in accordance with, but not limited to, Section
2306.2585 of the Texas Government Code ("State Act"), the implementing rules under Title 10,
Part 1, Chapter 1, Chapter 2, and Subchapters A and B of Chapter 7, of the Texas Administrative
Code ("HHSP State Rules"), and representations made as part of the Previous Participation and
Executive Award Process, as defined in the HHSP State Rules.
B. Subrecipient agrees to perform all activities in accordance with the terms of the Performance
Statement attached hereto as Exhibit A and the Budget attached hereto as Exhibit B.Subrecipient
further agrees to comply with the Certification Regarding Lobbying for Contracts, Grants, Loans,
and Cooperative Agreements attached hereto as Addendum A;the Certification Regarding Drug-
Free Workplace Requirements attached hereto as Addendum B; the Certification Regarding
Debarment, Suspension and Other Responsibility Matter attached hereto as Addendum C; the
PRWORA requirements attached hereto as Addendum D; and the assurances, certifications, and
all other statements made by Subrecipient in its application for the project funded under this
Contract, and with all other terms of this Contract. All exhibits and addendums are attached
hereto and incorporated herein for all relevant purposes.
OFFICIAL RECORD
City of Fort Worth CITY SECRETARY
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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 July 7,2022.
D. Performance related to established targets will be reported by Subrecipient in the HHSP Monthly
Performance Report,as such term is defined in 10 TAC§7.2(37)and Section 10(c)of this Contract,
and meeting targets may be considered for future funding opportunities with the Department.
E. All funds must be fully expended within the Contract Term and reported within the Close-Out
Process in accordance with all Exhibits and Addendums of this Contract.The Department reserves
the right to request an Expenditure plan if it appears funds will not be expended within the
Contract Term at the Department's reasonable discretion.
F. Subrecipient activities related to construction, rehabilitation, or conversion of a building or
buildings may require that Subrecipient enter into a Land Use Restriction Agreement ("LURA") in
accordance with 10 TAC§7.3.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department may
reimburse Subrecipient for the actual, allowable, and approved costs incurred by Subrecipient in
the amount specified in the Budget, attached hereto as Exhibit B.
B. The Contract shall not be construed as creating a debt on behalf of Department in violation of
Article III, Section 49a of the Texas Constitution. 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 make payments under this
Contract, Department may notify Subrecipient in writing within a reasonable time after such fact
is determined. Department shall then terminate this Contract and will not be liable for the failure
to make any payment to Subrecipient under this Contract.
C. Department is not be liable for any cost incurred by Subrecipient which:
1) has been reimbursed to Subrecipient or is subject to reimbursement to Subrecipient by
any source other than Department;
2) is not allowable costs, as set forth in the provisions of the State Act and the HHSP State
Rules and Section 8(13) of this Contract;
3) is not strictly in accordance with the terms of this Contract, including the Exhibits;
4) has not been reported to Department within the Close-Out Process of this Contract;or
5) is not incurred during the Contract Term.
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D. Department reserves the right to obligate additional funds or deobligate funds and may 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.
E. Department shall not be obligated to pay Subrecipient for any costs incurred by Subrecipient
which are not allowable costs.
F. Notwithstanding any other provision of this Contract, the total of all payments and other
obligations incurred by Department under this Contract shall not exceed the sum of FOUR
HUNDRED NINE THOUSAND ONE HUNDRED SEVENTY-SIX DOLLARS($409,176.00).
G. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for allowable costs actually incurred or performances rendered for activities
specified in the HHSP State Rules.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time
between the transfer of funds from Department to Subrecipient and the disbursement of such
funds by Subrecipient.
B. METHOD OF PAYMENT. 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. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are paid in trust
forthe exclusive benefit of the eligible Program Participants of HHSP services and for the payment
of allowable expenditures.
D. OFFSET. 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. REFUND. Subrecipient shall refund to the Department any funds which Department determines
has not been spent strictly in accordance with the terms of this Contract.Subrecipient shall make
such refund no later than the date specified in the notice that repayment is required, but if no
date is specified in the notice, then Subrecipient shall repay the funds within seven (7) days in
accordance with 10 TAC§1.21(e).
SECTION 6. COST PRINCIPLES,ADMINISTRATIVE REQUIREMENTS,AND AUDIT REQUIREMENTS
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A. COST PRINCIPLES AND 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
Texas Grant Management Standards ("TXGMS"). All references therein to "local government"
shall be construed to mean Subrecipient.
B. AUDIT REQUIREMENTS. In accordance with 10 TAC §1.403(e), if Subrecipient expends Seven
Hundred Fifty Thousand and No/100 Dollars ($750,000.00) or more in state awards, or has an
outstanding loan balance associated with state resources of Seven Hundred Fifty Thousand and
No/100 Dollars ($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
TXGMS updates that may be released during the Contract Term. Updates to TXGMS may be found
this website: https://comptroIler.texas.gov/purchasing/grant-management/.
C. AUDIT REVIEW. 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.
D. 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 sixty (60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is
required by 2 CFR Part 200, Subpart F, the report must be submitted to the Federal Audit
Clearinghouse ("FAC")the earlier of thirty(30) calendar days after receipt of the auditor's report
or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403(f),
Subrecipient is required to submit a notification to Department within five (5) business days of
submission to the FAC. Along with the notice, indicate if the auditor issued a management letter.
If there is a management letter, a copy of the letter must be sent to the Department. Both the
notice and the copy of the management letter, if applicable, must be submitted to
SAandACF@tdhca.state.tx.us.
E. STATE AUDITOR'S RIGHTTO AUDIT. Pursuant to Section 2262.154 of the Texas Government
Code, the state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under any contract or indirectly through a subcontract under the Contract. The
acceptance of funds by the Subrecipient or any other entity or person directly under the Contract
or indirectly through a subcontract under the Contract acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. Under the direction of the legislative audit
committee, the Subrecipient or other entity that is the subject of an audit or investigation by the
state auditor must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph
concerning the authorityto audit funds received indirectly by subcontractors through the contract
and the requirement to cooperate is included in any subcontract it awards.
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F. SUBCONTRACTS. Subrecipient shall include language in any subcontractor subgrant that provides
the Department the ability to directly review, monitor,and/or audit the operational and financial
performance and/or records of work performed under this Contract.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. 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. Department may
suspend or terminate this Contract, or invoke other remedies in the event monitoring or other
reliable sources reveal material deficiencies in Subrecipient's performance or if Subrecipient fails
to correct any deficiency within the time allowed by federal or state law or regulation, or by the
terms of this Contract.
B. SUSPENSION. 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 or for any costs that are disallowed.
D. WITHHOLDING OF PAYMENTS. 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. Department may withhold any
payment due to Subrecipient until such time as the exact amount of damages due to Department
is agreed upon or is otherwise determined in writing between Parties.
E. FUNDS. Upon termination of this Contract, all funds remaining on hand on the date of
termination, and all accounts receivable attributable to the use of funds received under this
Contract shall transfer back to Department. Subrecipient shall return the remaining funds to
Department within sixty(60) calendar days after the date this Contract terminates.
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SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract 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 under this Contract, to include activities outlined in 10 TAC §7.21, provided
Subrecipient receives prior written approval from the Department.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements set forth below and
shall maintain fiscal and programmatic records and supporting documentation for all
expenditures of funds made under this Contract in accordance with the TXGMS. Subrecipient
agrees to comply with any changes to the TXGMS recordkeeping requirements and 10 TAC§7.8.
For purposes of compliance monitoring, all associated documentation must be readily available,
whether stored electronically or hard copy to demonstrate compliance with Subrecipient
Performance as outlined in Section 3.
B. WRITTEN POLICIES AND PROCEDURES. Subrecipient must have written policies and procedures
to ensure that sufficient records are established and maintained to enable a determination that
HHSP requirements are being met. The written standards must be applied consistently for all
Program Participants. The written standards must include, but are not limited to Inclusive
Marketing as identified in 10 TAC§7.10.
C. PROGRAM PARTICIPANT FILES. In accordance with 10 TAC §7.28(g), Subrecipient shall maintain
Program Participant files, for non-emergency activities providing direct subsidy to a Program
Participant regardless if the client is directly receiving the funds,that contain the following:
1) An HHSP Intake Application including an area for execution by all adult Household
members (which may include an electronic signature), certifying the validity of
information provided and an area to identify the staff person completing the 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 Air Force, 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.gov/;
2) Certification whereby the Applicant certifies whether they meet the definition of
Homeless or Homeless Individual or At-risk of homelessness pursuant to 10 TAC§7.2.The
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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 annual 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 shall give the Department,the Auditor of the State of Texas,
the Comptroller of the State of Texas, or any of their duly authorized representatives, access to
and the right to examine and to copy,on or off the premises of Subrecipient,all records pertaining
to this Contract. Such right to access shall continue as long as the records are retained by
Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant to this
Subsection D. 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.
F. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or
maintained by Subrecipient pertaining to this Contract, except records made confidential by law,
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
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Act. Subrecipient understands that the Department will comply with the Texas Public Information
Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions
of the Attorney General of the State of Texas. Information, documentation, and other material in
connection with this Contract may be subject to public disclosure pursuant to the Texas Public
Information Act. In accordance with Section 2252.907 of the Texas Government Code,
Subrecipient is required to make any information created or exchanged with the State pursuant
to the Contract, and not otherwise excepted from disclosure under the Texas Public Information
Act, available in a format that is accessible by the public at no additional charge to the State.
G. SUBCONTRACTS. 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. REPORTING COMPLIANCE. 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. Subrecipient represents and warrants that it will submit timely,
complete,and accurate reports in accordance with the Contract and maintain appropriate backup
documentation to support the reports.
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(c), if Subrecipient intends to expend
funds for new construction, rehabilitation, or conversion,Subrecipient must submit a copy of the
activity budget inclusive of all sources and uses of funding, documents for a construction plan
review, and identification of the entity and signature authorization of the individual (name and
title) that will execute the LURA. These documents must be submitted no less than ninety (90)
calendar days prior to the end of the Contract Term under which funds for the activity are
provided. The Department may elect to reconsider award amounts if financial resources other
than those presented in the Application are subsequently committed to an activity.
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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.
G. REPORTS ON DISASTER RECOVERY PLAN AND CONTINUTITY. Upon request of the
Department,Subrecipient shall provide copies of its most recent business continuity and disaster
recovery plans.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change,addition or deletion to the terms
of this Contract required by a change in federal or state law or regulation is automatically
incorporated herein and is effective on the date designated by such law or regulation without the
requirement of a written amendment hereto. Said changes, additions, or deletions referenced
under this Subsection A of Section 11 may be further evidenced by a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic
transmission, the signing party intends the copy of its authorized signature printed by the
receiving machine or the electronic transmission,to be its original signature.
D. REQUESTS. Amendments 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 and TXGMS, 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, and from
payments of principal and interest on loans made with this award,where authorized.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.
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C. Program income that is received after the Contract Term, or not expended within the Contract
Term must be returned to the Department within ten (10) calendar days of receipt.
SECTION 13. INDEPENDENT CONTRACTOR
It is agreed that Department is contracting with Subrecipient as an independent contractor.To the extent
authorized by law, Subrecipient agrees to indemnify Department against any disallowed costs or other
claims which may be asserted by any third party in connection with the services to be performed by
Subrecipient under this Contract.
SECTION 14. PURCHASE AND PROCUREMENT STANDARDS
Subrecipient shall comply with TXGMS, 10 TAC §1.404, this Contract, and all applicable state, and local
laws, regulations, and ordinances for making procurement transactions and purchases under this
Contract.
SECTION 15. SUBCONTRACTS
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 Department's
systems, and only may enter into properly procured contractual agreements for consulting and
other professional services if Subrecipient has received Department's prior written approval.
B. Subrecipient may subcontract or subgrant for the delivery of client assistance without obtaining
Department's prior approval. HHSP Subrecipient is responsible for ensuring that subcontractors
and subgrantees adhere to the same program requirements and regulations as apply to the
Subrecipient including, but not limited to having documentation that Subrecipient checked the
appropriate federal and state records for debarred and suspended parties in accordance with
TXGMS.Subrecipient must have processes and procedures in place to monitor subcontractors or
subgrantees. Subrecipient represents and warrant that it will monitor the activities of the
subrecipient as necessary to ensure that the subaward is used for authorized purposes, in
compliance with applicable statutes, regulations, and the terms and conditions of the subaward,
and that subaward performance goals are achieved.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(c), 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 15 be construed as relieving Subrecipient of the
responsibility for ensuring that the performances under all subcontracts and subgrants are
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rendered so as to comply with all of the terms of this Contract, as if such performances rendered
were rendered by Subrecipient. Department maintains the right to monitor and require
Subrecipient's full compliance with the terms of this Contract. Department's approval under this
Section does not waive any right of action which may exist or which may subsequently accrue to
Department under this Contract.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than forty-
five (45) calendar days after the termination of this Contract a cumulative inventory report of all
real property and equipment acquired in whole or in part with funds received under this Contract
or previous HHSP contracts. Upon the termination of this Contract, Department may demand the
transfer of title to any equipment to the Department 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 seek reimbursement from Subrecipient of the current unit price of the item of
equipment, in Department's sole determination.Subrecipient must request permission from the
Department to transfer title or dispose of equipment purchased with HHSP grant funds.
SECTION 17. TRAVEL
Subrecipient shall abide by travel policies that adhere to TXGMS 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. 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 Fifty Thousand and No/100 Dollars($50,000.00)or greater,Subrecipient must execute
with the contractor a payment bond in the full amount of the contract. If the Subrecipient will
enter into a contract with a prime contractor in excess of One Hundred Thousand and No/100
Dollars ($100,000.00), a performance bond in the full amount of the contract is also required.
These bonds must be executed by a corporate surety authorized to do business in Texas, a list of
which may be obtained from the State Insurance Department.Such assurances of completion will
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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.
SECTION 20. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue 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 orderto 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.
SECTION 21. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient represents that it possesses legal authority to apply for the
grant. A resolution, motion or similar action has been duly adopted or passed as an official act of
the Subrecipient's governing body, authorizing the filing of the Contract, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative, or the designee of Subrecipient to act in connection with
the Contract and to provide such additional information as may be required. 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 AND 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
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possess all requisite authority, power,licenses,permits and franchises to conduct its business and
to execute,deliver and comply with its obligations underthe terms of this Contract,the execution,
delivery and performance of which have been or will be duly authorized by all necessary action.
C. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby
warrants that he/she has been duly authorized by Subrecipient's governing body to execute this
Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms,
provisions and performances herein.
D. TERMINATION AND 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 AND DEFAULT. Subrecipient understands that it is an event of default under this
Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to
maintain good standing in the State of Texas,and such is not cured prior to causing material harm
to Subrecipient's ability to perform under the terms of this Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL STATE AND LOCAL LAW. Subrecipient shall comply with the State Act,the HHSP State
Rules, and all federal state, and local laws, rules, regulations, and policies in effect or hereafter
established applicable to the performance of this Contract, including, but not limited to the
program requirements and fair housing laws. Subrecipient represents and warrants that it will
comply with all requirements imposed by the awarding agency concerning special requirements
of law, program requirements, and other administrative requirements. In instances where
multiple requirements apply to Subrecipient, the more restrictive requirement applies. 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 Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B
that it is implementing the Drug-Free Workplace Act of 1988 (41 USC§701 etseq).
C. LIMITED ENGLISH PROFICIENCY "(LEP"). Subrecipients that interact with program participants
must create a Language Access Plan to provide program applications, forms, and educational
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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. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
(1) General. Subrecipient shall comply with the information security and privacy
requirements under 10 TAC §1.24 to ensure the security and privacy of Protected
Information (as said term is defined under 10 TAC§1.24).
(2) Information Security and Privacy Agreement("ISPA"). Prior to beginning any work under
this Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as
required by 10 TAC§1.24, on file with the Department, or(ii) will execute and submit to
the Department an ISPA in accordance with instructions found on the Department's
website at the "Information Security and Privacy Agreement" link."
E. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-6107).
F. AFFIRMATIVE OUTREACH. Subrecipient shall affirmatively reach out to populations that are least
likely to apply for services as further outlined in 10 TAC§7.10(c)(3).
G. LEAD-BASED PAINT. Subrecipient shall comply with the Lead-Based Paint Poisoning Prevention
Act, 42 U.S.C. §4821 etseq. and 24 CFR Part 35.
H. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. Subrecipient represents and
warrants that it will comply with all applicable standards, orders, or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C.1251-1387).
I. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Subrecipient represents and warrants
that if this Contract involves construction of a project, it will comply with the requirements of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts involving
employment, as applicable.
J. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS CHARITABLE TRUSTS
AND PRIVATE FOUNDATIONS. Subrecipient represents and warrants that it will comply with
Section 2252.906 of the Texas Government Code relating to disclosure protections for certain
charitable organizations, charitable trusts, and private foundations.
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K. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION. In accordance with Section 669.003 of
the Texas Government Code relating to contracting with the executive head of a state agency,
Subrecipient certifies that it is not(1)the executive head of TDHCA (2) a person who at any time
during the four years before the date of the Contract was the executive head of TDHCA, or (3) a
person who employs a current or former executive head of TDHCA.
PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g)
of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If
Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers or
other agents who engage in any of the prohibited activities under Section 106(g)of the Trafficking
Victims Protection Act of 2000, Department may terminate this Contract and Subrecipient hereby
agrees and acknowledges that upon termination, Subrecipient 's rights to any funds shall be
terminated.
L. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES AND EQUIPMENT.
1) General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited
from using funds under this Contract for equipment, services, or systems that use the
following covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system in accordance
with Section 889 of Public Law 115-232 (National Defense Authorization Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
c) Telecommunications or video surveillance services provided by such entities or
using such equipment.
d) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to,the government of a covered foreign country.
2) Subcontracts. Subrecipient must incorporate this prohibition in any contract and require
its contractors to incorporate this requirement into any contract.
M. CYBERSECURITY TRAINING PROGRAM.
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1) Subrecipient represents and warrants its compliance with Section 2054,5191 or
2054.5192 of the Texas Government Code relating to the cybersecurity training program
for local government employees who have access to a local government computer system
or database.
2) If Subrecipient has access to any state computer system or database, Subrecipient shall
complete cybersecurity training and verify completion of the training program to the
Department pursuant to and in accordance with Section 2054.5192 of the Government
Code.
N. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW. Subrecipient represents and
warrants its compliance with 2 CFR§200.113 which requires the disclosure in writing of violations
of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil,
criminal, or administrative proceedings to SAM.
O. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS CHARTABLE TRUSTS AND
PRIVATE FOUNDATIONS. Subrecipient represents and warrants that it will comply with
Section 2252.906 of the Texas Government Code relating to disclosure protections for certain
charitable organizations, charitable trusts, and private foundations.
P. PROCUREMENT OF RECOVERED MATERIALS. Subrecipient represents and warrants that it will
comply with the requirements of Section 6002 of the Solid Waste Disposal Act (Chapter 361 of
the Texas Health&Safety Code,formerly Tex. Rev.Civ.Stat.Ann.Art.4477-7),as amended by the
Resource Conservation and Recovery Act.
Q. RECORDS RETENTION. Subrecipient represents and warrants its compliance with the records
retention requirements of TXGMS. Department reserves the right to direct a Subrecipient to
retain documents for a longer period of time or transfer certain records to Department custody
when it is determined the records possess longerterm retention value. Subrecipient must include
the substance of this clause in all subawards and subcontracts.
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.
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C. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported to the
State Auditor's Office.
D. 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 knowingly employ an undocumented worker, where "undocumented worker" means an individual
who, at the time of employment, is not lawfully admitted for permanent residence to the United States
or authorized under law to be employed in that manner in the United States. If, after receiving a public
subsidy,Subrecipient or a branch,division,or department of Subrecipient is convicted of a violation under
8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at the rate of five percent
(5%) per annum, not later than the one hundred twentieth (120th) day after the date the Department
notifies Subrecipient of the violation.
SECTION 25. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. Failure to maintain written
standards of conduct and to follow and enforce the written standards is a condition of default
under this Contract and may result in termination of the Contract or deobligation of funds.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of interest
would be involved. Such a conflict would arise when the employee,officer,or agent,any member
of his or her immediate family, his or her partner, or an organization which employs or is about
to employ any of the Parties indicated herein, has a financial or other interest in the firm selected
for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subagreements.
Subrecipients may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct shall provide for
disciplinary actions to be applied for violations of such standards by officers,employees,or agents
of the Subrecipient.
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D. The provision of any type or amount of HHSP assistance may not be conditioned on an individual's
or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient,
Subgrantee or a parent or subsidiary of the Subrecipient.
E. No Subrecipient may, with respect to individuals or families occupying housing owned by the
Subrecipient, or any parent or subsidiary of the Subrecipient, carry out the initial intake required
for Program Participant files under Section 9(C) of this Contract.
F. For transactions and activities other than the procurement of goods and services, no officers,
employees, and agents, including consultants, officers, or elected or appointed officials of the
Subrecipient, Subgrantee, or subcontractor who exercises or has exercised any functions or
responsibilities with respect to activities assisted under HHSP,orwho 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 her tenure.
G. Subrecipient represents and warrants that performance under the Contract will not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety. Further,
Subrecipient represents and warrants that in the administration of the grant, it will comply with
all conflict of interest prohibitions and disclosure requirements required by applicable law, rules,
and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change
during the course of the Contract,Subrecipient shall promptly notify the Department.
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
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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.
D. Subrecipient represents and warrants that Department's payments to Subrecipient and
Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited by
Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. 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, as amended, and its implementing regulations at 41 CFR Part 60.
B. ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility standards and fair
housing requirements under(i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and
its implementing regulations at 24 CFR Part 8, (ii)the Fair Housing Act(42 U.S.C. §3601 etseq.)as
implemented by HUD at 24 CFR Parts 100-115, , (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 I , and (v) Titles II and III of the Americans
with Disabilities Act of 1990 (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as
implemented by U.S. Department of Justice at 28 CFR Parts 35 and 36.
C. 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.
D. GENERAL. Subrecipient shall make known that use of the facilities and services funded underthis
Contract are available to all on a nondiscriminatory basis. Subrecipient also must adopt and
implement procedures designed to make available to interested persons information concerning
the existence and location of services and facilities that are accessible to persons with a disability.
E. 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.
F. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-6107).
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G. SUBCONTRACTS. Subrecipient will include the substance of this Section 27 in all of its
subcontracts.
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED. 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 on the State of Texas Debarred Vendor List maintained by the
Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained
by the General Services Administration and in the Certification Regarding Debarment,Suspension
and Other Responsibility Matters attached hereto as Addendum C and incorporated herein for all
relevant purposes. The terms "covered transaction", "debarred", "suspended", "ineligible",
"lower tier covered transaction", "participant", "person", "primary covered transaction",
"principal", "proposal", and "voluntarily excluded", as used in the certification attached as
Addendum C, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. Subrecipient also certifies that it will not award any funds
provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549. Subrecipient agrees
that, prior to entering into any agreement with a potential subcontractors procured by
Subrecipient or prior to awarding funds under this Contract to a potential subgrantee, that the
verification process to comply with this requirement will be accomplished by checking the System
for Award Management("SAM")at www.sam.gov and including a copy of the results in its project
files. After said verification, Subrecipient may decide the frequency by which it determines the
eligibility of its subcontractors during the term of subcontractor's agreement. Subrecipient may
subsequently rely upon a certification of a subcontractor that is not proposed for debarment
under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of
Subrecipient to furnish the certification attached hereto as Addendum C or an explanation of why
it cannot provide said certification shall disqualify Subrecipient from participation under this
Contract.The certification or explanation will be considered in connection with the Department's
determination whether to continue with this Contract. Subrecipient shall provide immediate
written notice to Department if at any time Subrecipient learns that the certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
Subrecipient further agrees by executing this Contract that it will include the certification
provision titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusive-Subcontracts,"as set out in Addendum C,without modification,and this language under
this Section 28, in all its subawards.
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not listed in
the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and
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Prohibiting Transactions with Persons Who Commit,Threaten to Commit, or Support Terrorism",
published by the United States Department of the Treasury, Office of Foreign Assets Control.
SECTION 29. SPECIAL CONDITIONS
A. DIRECT DEPOSIT AUTHORIZATION. Department shall not release any funds under this Contract
until Department has received a properly completed deposit authorization form from
Subrecipient.
B. CONSTRUCTION STANDARDS. Notwithstanding and subject to Chapter 3000 of the Texas
Government Code,Subrecipient shall ensure that any building for which HHSP funds are used for
renovation, conversion, or major rehabilitation must meet Shelter and Housing Standards,
Uniform Physical Construction Standards, 2015 International Residential Code (or municipality
adopted later version), Minimum Energy Efficiency Requirements for Single Family Construction
Activities, and the Accessibility Standards in Chapter 1,Subchapter B, and any standards required
by state or local statute, ordinance, or other regulation, as applicable for the Homeless Program
and activity.
C. NATIONAL FIRE PROTECTION. None of the funds provided under this Contract may be used in
connection with any dwelling unit unless the unit is protected by a hard-wired or battery-operated
smoke detector installed in accordance with National Fire Protection Association Standard 74.
D. OTHER CONDITIONS. Not applicable.
SECTION 30. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall not preclude
the existence of any other right or remedy, nor shall any action taken in the exercise of any right
or remedy be deemed a waiver of any other right or remedy.The failure of Department to exercise
any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise
that or any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in any
way intended to constitute a waiver by the Department or the State of Texas of any immunities
from suit or from liability that the Department or the State of Texas may have by operation of
law.
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:
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1) Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
2) Addendum B-Certification Regarding Drug-Free Workplace Requirements
3) Addendum C- Certification Regarding Debarment, Suspension and Other Responsibility
Matters
4) Addendum D—PRWORA Requirements
5) Exhibit A-Performance Statement
6) 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 under this Contract. Department and the State shall each have a royalty-free,nonexclusive,and
irrevocable right to reproduce, publish,or otherwise use, and to authorize others to use,the copyrighted
work for government purposes.
SECTION 34. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's
employees who use alcoholic beverages while on active duty,for travel expenses expended for alcoholic
beverages, or for the purchase of alcoholic beverages.
SECTION 35. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as
worship, religious instruction or proselytization, and must be for the benefit of persons regardless of
religious affiliation. If Subrecipient conducts such activities, the activities must be offered separately, in
time or location,from the programs or services funded with direct financial assistance from Department,
and participation must be voluntary for beneficiaries of the programs or services funded with such
assistance.
SECTION 36. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure
to perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements
of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism,
insurrection, riots, civil disorders, rebellion or sabotage;and (iv) disease pandemics, quarantines,
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embargoes and other similar unusual actions offederaI, provincial, local or foreign Governmental
Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such
event, and such occurrence could not have been circumvented by reasonable precautions and
could not have been prevented or circumvented through the use of commercially reasonable
alternative sources,workaround plans or other means.
SECTION 37. ASSIGNMENT
This Contract is made by Department to 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 electronic transmission,and any such signature shall have the same legal
effect as an original.
SECTION 40. NUMBER,GENDER
Unless the context requires otherwise,the words of the masculine gender shall include the feminine,and
singular words shall include the plural.
SECTION 41. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. 0. Box 13941
Austin,Texas 78711-3941
Attention:Abigail Versyp, Director of Single Family and Homeless Programs Division
Telephone: 512-475-0908
Fax: 512-475-0220
abigail.versyp@tdhca.state.tx.us
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As to Subrecipient:
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Attention: Fernando Costa
Telephone: 817392-6122
Fax: (817)392-2235
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.
C. Subrecipient shall provide contact information and required notifications to the Department
through the Contract System in accordance with 10 TAC§6.6.
SECTION 42. VENUE AND JURISDICTION
This Contract shall be governed by and constructed in accordance with the laws of the State of Texas,
without regard to the conflicts of law provisions.The venue of any suit arising under this Contract is fixed
in any court of competent jurisdiction of Travis County,Texas.
SECTION 43. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to
the parties to resolve any dispute arising under the Contract. If at any time the Subrecipient would like to
engage Department in an ADR procedure,the Subrecipient may send a proposal to Department's Dispute
Resolution Coordinator. For additional information on Department's ADR policy, see Department's
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1.17.
SECTION 44. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2273 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
63236010006 24
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB28ODC7
SECTION 45. OPEN MEETINGS
If the Subrecipient is a governmental entity,Subrecipient represents and warrants its compliance with
Chapter 551 of the Texas Government Code,which requires all regular,special or called meetings of a
governmental body to be open to the public, except as otherwise provided by law.
SECTION 46. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE
DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS, CLAIMS, DEMANDS, OR SUITS,
AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY
ACTS OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE
COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOTAGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS
ATTORNEY GENERAL.SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
[Rest of page intentionally left blank.Signature pages follow.]
City of Fort Worth
63236010006 25
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB28ODC7
WITNESS OUR HAND EFFECTIVE:
SUBRECIPIENT:
City of Fort Worth,
a politic dijs!@q:of the State of Texas
By: &111F7B6B652A454
Name: Fernando Costa
Title: Assistant City Manager
11/21/2022 1 3:13:25 PM CST
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:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public a,lbikgency of the State of Texas
N"JP
By: CA
Name: Abigail Versyp
Title: Its duly authorized officer or representative
Date: 11/21/2022 1 3:14:31 PM CST
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort Worth
63236010006 26
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
28th day of November , 2022 .
FOR CITY OF FORT WORTH:
Tom_
Fernando Costa
Assistant City Manager
Date: Nov 23,2022
APPROVAL RECOMMENDED
Amy onnoll Rov22,2 2211:51 CST)
Amy Connolly
Assistant Director,Neighborhood Services
Date: Nov 22,2022
o
APPROVED AS TO FORM AND ATTEST: P °
Pvo g=d
LEGALITY ��,�o a*
a °
°OOO0000°°° a
�itruzslfe-S. �oor�i+�G aa�neXASa�p
Jo Gun Nov 3,202210:32CST) Jannette S.Goodall(N5v28,2022 08:34 CST)
Jo Ann Gunn Jannette S. Goodall
Assistant City Attorney City Secretary
Date: Nov 23,2022 Date: Nov 28,2022
M&C No.: 22-0683
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
TOA&-
Tara Perez(Nov22,202211:43 CST)
Tara Perez OFFICIAL RECORD
Manager, Directions Home CITY SECRETARY
FT.WORTH,TX
CoFW and TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63236010006
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS,GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Fort Worth,
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract,the making of any Federal grant,the making
of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment or modification of any Federal contract,grant, loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit
standard 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 Ten Thousand and No/100 Dollars
($10,000.00) and not more than One Hundred Thousand and No/100 Dollars ($100,000.00)for each such
failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states,to the best of its knowledge and belief,that:
City of Fort Worth
63236010006 27
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
If any funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this commitment providing for the United States
to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a
prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.Code.Any
person who fails to file the required statement shall be subject to a civil penalty of not less than Ten
Thousand and No/100 Dollars ($10,000.00) and not more than One Hundred Thousand and No/100
Dollars ($100,000.00)for each such failure.
City of Fort Worth,
a political iwMr�' the State of Texas
��,�.r�.do Cam.
B y: 655 F7 B 6 B 6 52A454...
Name: Fernando Costa
Title: Assistant City Manager
11/21/2022 1 3:13:25 PM CST
Date:
City of Fort Worth
63236010006 28
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63236010006
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
City of Fort Worth,
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling, rehabilitation, and employee assistance programs; and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant,the employee will-
(1)Abide by the terms of the statement;and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five (5) calendar days after such conviction;
(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
City of Fort Worth
63236010006 29
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB28ODC7
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under
paragraph (d)(2),with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific
grant] (include street address, city, county, state, zip code):
1.
2.
3.
4.
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation,State employees in each
local unemployment office, performers in concert halls or radio studios). If Subrecipient does not
identify the workplaces at the time of application, or upon award, if there is no application, the
Subrecipient must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the
Subrecipient's drug-free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false
certification,or otherwise violates the requirements of the Drug-Free Workplace Act, Department, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
City of Fort Worth
63236010006 30
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB28ODC7
City of Fort Worth,
a politica BUNMI"Myof the State of Texas
rF
rtis.�s.dn Cam.
By: 65 5 R E16 B 65M4 54...
Name: Fernando Costa
Title: Assistant City Manager
11/21/2022 1 3:13:25 PM CST
Date:
City of Fort Worth
63236010006 31
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63236010006
ADDENDUM C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS
City of Fort Worth,
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
(a)Are not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily
excluded by any Federal or state department or agency;
(b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in section (b) of this
certification;
(d) Have not within a three-year period preceding this application/proposal 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 (5)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 Five Thousand and No/100 Dollars
($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 Five Thousand and No/100 Dollars
City of Fort Worth
63236010006 32
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
($5,000.00) or more or reimbursement, restitution, or damage in excess of One Hundred
Thousand and No/100 Dollars ($100,000.00); or
iv. Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3) items (i) —(iii)
of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part;and
3. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
(4) For purposes of section (e) of this certification the following definitions apply:
I. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature in
order to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings).This includes proceedings atthe Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include audits,site visits, corrective plans, or inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction,whether entered upon
a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification,such
Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Subcontracts/Lower Tier Covered Transaction," without modification, in all subrecipient contracts,
subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that
neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the
statements in this certification,such prospective participant shall attach an explanation to this proposal
City of Fort Worth
63236010006 33
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
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 knowingly rendered an erroneous certification,
in addition to any other remedies available, the Department may terminate this Contract for cause or
default.
SUBRECIPIENT:
City of Fort Worth,
a politicat ssybodlft?Mybf the State of Texas
�t4f,"0(0
C04A
By; 655HB065M454...
Name: Fernando Costa
Title: Assistant City Manager
11/21/2022 1 3:13:25 PM CST
Date:
City of Fort Worth
63236010006 34
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63236010006
ADDENDUM D
PRWORA REQUIREMENTS
City of Fort Worth,
a political subdivision of the State of Texas
If an individual is applying for HHSP funds,a Subrecipient must verify that the individual applying for HHSP
funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of
1996, ("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as
amended 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 for the provision of assistance,than that activity may be subject to the Act.
Yet, some activities do not provide a public benefit to a Household such as a case manager performing a
Household eligibility determination or purchase of an HMIS database. Section 401(b)(1)(C)of the Act also
exempts public health assistance for immunizations with respect to immunizable diseases and for testing
and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a
communicable disease.
If Subrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the
Department before beginning the activity to receive a written determination.
City of Fort Worth
63236010006 35
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
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 whether the
document(s) reasonably appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived 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, taking
the latest version of Web tutorial(s), and maintaining a working knowledge of requirements
contained therein and in this Contract as updated. Documentation of training must be maintained
by the Subrecipient for monitoring review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to
perform verification procedures;
(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;
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires
and/or the applicant requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of
determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit
use of such information in accordance with this and all other provisions of this Contract;
City of Fort Worth
63236010006 36
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB28ODC7
(j) Comply with the requirements of the Federal Information Security Management Act("FISMA")
(PL-107-347), Title III, Section 301) and OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received by either
agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it
is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS.
Each applicant who wants to gain access to information regarding him/herself may do so by
submitting a written signed request to DHS-USCIS;
(1) 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 on their
website;
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial and
to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8
U.S.C. §1324a.
(2) Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use,abuse, misuse,fraudulent use or improper use of SAVE by the
Subrecipient, including, but not limited to original applicant consent documents required by the
Privacy Act, 5 U.S.C. §552a or other applicable authority;
(b)Notify the Department's Compliance Division immediately whenever there is reason to believe
a violation of this agreement has occurred;
City of Fort Worth
63236010006 37
DocuSign Envelope ID:C93A6CA8-EOF2-4150-96B5-F38BOB280DC7
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe
an information breach has occurred as a result of User or Subrecipient action or inaction pursuant
to Office of Management and Budget ("OMB") Memorandum M-07-16, "Safeguarding Against
and Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse,fraudulent use or improper use of SAVE by any
User, including, but not limited to original applicant consent documents required by the Privacy
Act, 5 U.S.C. §552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review Subrecipient's compliance with this Addendum D and all other SAVE-related
policy, procedures, guidance and law applicable to conducting verification and safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's
User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical
information,system profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and
any and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions or problems which may arise in connection with the
Subrecipient's participation in SAVE;
(h)Allow Department and SAVE Monitoring and Compliance to monitor system access and usage
and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum D
and the SAVE Program requirements by its authorized agents or designees; and
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department
or SAVE Monitoring and Compliance regarding waste,fraud,and abuse,and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum D,SAVE Program procedures or other applicable law, regulation or policy.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from the Department or Subrecipient for any
purpose permitted by law, including, but not limited to, the prosecution of violations of Federal
administrative or criminal law.
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed
by the Privacy Act, 5 U.S.C. §552aand 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.
City of Fort Worth
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(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
ATTN:SAVE Operations
Phone: (888)464-4218
Email:saveregistration@dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
Phone: (888)464-4218
Email:save.monitoring@dhs.gov
(6) Certification.
City of Fort Worth
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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 rIM NY611A'of the State of Texas
Fin i."Oto Comma.
By: 655HB0652A454...
Name: Fernando Costa
Title: Assistant City Manager
11/21/2022 1 3:13:25 PM CST
Date:
City of Fort Worth
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63236010006
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, 2023
Contract Term: September 1, 2022—August 31, 2023
Service Area: City of Fort Worth
Program Activities
Subrecipient agrees to perform the following measurable activities:
A. Person Served
1. Persons entering HHSP projects: 45
2. Persons experiencing Homelessness served with essential services: 0
3. Persons At-risk of Homelessness served with essential services: 0
4. Persons served with Homeless Assistance("HA"): 45
5. Persons served with Homelessness Prevention ("HP"): 0
6. Persons who used a day or night shelter: 0
7. Persons served with Case Management: 0
B. Outcomes
1. Persons experiencing Homelessness who maintained housing �ios
for three months after HHSP exit: 3 "�y
2. Persons At risk of Homelessness who maintained housing for ll „
three months after HHSP exit: 0
C. New Beds
1. New beds created through Shelter Construction: 0
2. New beds created through Shelter Rehabilitation: 0
3. New beds created through Shelter Conversion: 0
City of Fort Worth
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2023 TEXAS HOMELESS HOUSING AND SERVICES PROGRAM
GENERAL SET-ASIDE
GENERAL REVENUE
CONTRACT 63236010006
EXHIBIT B
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
I. 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.
IL BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $ 40,917.00
CASE MANAGEMENT SALARY $ 0.00
CONSTRUCTION/REHABILITATION/CONVERSION $ 0.00
ESSENTIAL SERVICES $ 0.00 os
FINANCIAL ASSISTANCE-HOMELESS $368,259.00
ASSISTANCE
FINANCIAL ASSISTANCE-HOMELESSNESS $ 0.00
PREVENTION
OPERATIONS $ 0.00
TOTAL FUNDS AWARDED $409,176.00
III. FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before
the Department will make any adjustments to the budget categories. Only those written 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
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/13/22 M&C FILE NUMBER: M&C 22-0683
LOG NAME: 19ACCEPTING 2023 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$409,176.00 and Homeless Housing and Services Program-Youth Set Aside in the Amount of$129,878.00,
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,find that the Subgrant Agreements Serve a Public Purpose and that Adequate Controls are in place,and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council
1. Authorize acceptance of grants and execution of grant agreements with the Texas Department of Housing and Community Affairs for the
Homeless Housing and Services program funds in the amount of$409,176.00(General)and$129,878.00(Youth);
2. Authorize the execution of a subgrant agreement with Fort Worth Housing Solutions in the amount of$409,176.00 to provide rental
assistance to at least 40 permanent supportive housing clients(General);
3. Authorize the execution of a subgrant agreement with CitySquare in the amount of$129,878.00 to provide rental assistance and case
management to at least 10 youth(Youth);
4. Find that the subgrant agreements serve the public purpose of ending chronic homelessness and reducing youth homelessness and that
adequate controls are in place through the subgrant agreements;and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the
amount of$539,054.00,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$409,176.00. 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 from prior years are currently being provided to Fort Worth Housing
Solutions through a subgrant agreement to provide rental assistance for permanent supportive housing to 40 homeless individuals annually.
The HHSP-Youth amount allocated to the City is$129,878.00. 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 homelessness and reduce youth homelessness and that adequate controls are in place through the subgrant agreements to
ensure that the public purpose is carried out.
Upon acceptance,the grant will begin on September 1,2022.The Neighborhood Services Department 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 1,2022 to
August 31,2023.
An Assistant City Manager is authorized to execute the contracts.
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 approval of the above recommendations,and adoption of the attached appropriation ordinance,funds
will be available in the current operating budget,as appropriated,in the Grant Operating State Fund. The Neighborhood Services
Department(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 Neighborhood Services Department has the responsibility to validate the availability of funds.This is a
reimbursement grant.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Tara Perez 2235