HomeMy WebLinkAboutContract 60172DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
CSC No. 60172
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
WITH
City of Fort Worth,
a political subdivision of the State of Texas
SECTION 1. PARTIES TO THE CONTRACT
This 2024 Texas Ending Homelessness Fund ("EH Fund") Contract Number 30246010006 ("Contract") is
made by and between the Texas Department of Housing and Community Affairs, a public and official
agency of the State of Texas, ("Department") and City of Fort Worth, a political subdivision of the State of
Texas ("Subrecipient").
SECTION 2. CONTRACT PERIOD FOR PERFORMANCE AND CLOSE-OUT
This Contract shall commence on September 1, 2023, and, unless earlier terminated at provided herein,
terminate as follows: (1) the Subrecipient is permitted to incur expenses under this Contract until August
31, 2024 ("Contract Term"), and (2) the Department's obligations under the Contract shall end forty-five
(45) calendar days after the Contract Term, and is conditioned on the Subrecipient's performance during
the Contract Term ("Close -Out Period").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient agrees to administer an EH Fund award in accordance with the terms of this Contract
and the exhibits and addendums attached to this Contract, as incorporated herein for all relevant
purposes. Subrecipient shall develop and implement the EH Fund in accordance with all required
provisions, including, but not limited to, Section 502.415 of the Texas Transportation Code, Chapter
2306 of the Texas Government Code ("State Act"), the implementing rules under Title 10, Part 1,
Chapter 1, Chapter 2, and Subchapters A and D of Chapter 7, of the Texas Administrative Code, and
Chapter 783 of the Texas Government Code and the Texas Grant Management Standards ("TXGMS")
(collectively, "EH Fund State Rules"), and representations made as part of the Previous Participation
and Executive Award and Review Advisory Committee (EARAC), under EH Fund 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 as Addendum B; the Certification Regarding Debarment,
Suspension and Other Responsibility Matter attached as Addendum C; the PRWORA requirements
attached hereto as Addendum D; and the assurances, certifications, and all other statements made
City of Fort Worth, 30246010006 OFFICIAL RECORD 1
CITY SECRETARY
FT. WORTH, TX
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by Subrecipient in its application for the project funded under this Contract, and with all other terms
of this Contract.
C. Except for changes that are required because of changes described in Section 11(A) of this Contract
or as otherwise specifically described in this Contract, Subrecipient shall implement the EH Fund in
accordance with the requirements of the EH Fund State Rules, as of the start date of the Contract
Term.
D. Subrecipient is liable for any associated disallowed costs if a person who is eligible to receive the
benefit or services described in Exhibit A does not actually receive them, and the Subrecipient
reported the costs or received reimbursement for the costs.
E. Performance related to established targets will be reported by Subrecipient in the EH Fund Monthly
Performance Report and meeting targets may be considered for future funding opportunities with
the Department.
F. All funds must be fully expended within the Contract Term and reported within the Close -Out Period
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.
G. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient by
Department, which Department determines has not been spent strictly in accordance with the
terms of this Contract. Subrecipient shall make such refund within fifteen (15) calendar days after
the Department's written request.
H. Subrecipient activities related to construction, rehabilitation, or conversion of a building or buildings
may require that Subrecipient enter into a Land Use Restriction Agreement (LURA) in accordance
with 10 TAC §7.3.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall
reimburse Subrecipient for the actual, allowable, and approved costs that are consistent with
amounts specified in the Budget and are incurred during the Contract Term by Subrecipient.
B. The Department reserves the right to obligate or deobligate additional funds and shall notify the
Subrecipient in writing of its decision. The Department may consider such factors as the ability to
use grant funds under the EH Fund State Rules in a timely manner or Subrecipient's overall
compliance with the terms of this Contract.
C. Department shall not be obligated to pay Subrecipient for any costs incurred by Subrecipient which
are not allowable costs.
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D. Notwithstanding any other provision of this Contract, the total payments and obligations incurred
by Department under this Contract shall not exceed the sum of SIXTY-FOUR THOUSAND ONE
HUNDRED FOUR DOLLARS ($64,104.00).
E. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient
for eligible costs incurred or performances rendered for activities specified in the EH Fund State
Rules.
SECTION S. METHOD OF PAYMENT/CASH BALANCES
A. Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds
from Department to Subrecipient and the disbursement of such funds by Subrecipient.
B. In accordance with 10 TAC §7.4(f), the Department reserves the right to use a Cost Reimbursement
method of payment for all funds whereby reimbursement of costs incurred by a Subrecipient is
made only after the Department has reviewed and approved backup documentation provided by
the Subrecipient in accordance with 10 TAC §2.201 to support such costs for all funds if at any time
(1) Department determines that Subrecipient has maintained cash balances in excess of need, (2)
Department identifies significant deficiency in the cash controls or financial management system
used by Subrecipient, or (3) Subrecipient fails to comply with 10 TAC §7.S, Subrecipient Reporting,
and 10 TAC §7.6, Subrecipient Data Collection.
C. All funds paid to Subrecipient pursuant to this Contract are paid in trust for the exclusive benefit of
the eligible recipients of EH Fund services and for the payment of allowable expenditures.
D. At its sole discretion, Department may offset or withhold any amounts otherwise owed to
Subrecipient under this Contract against any amount owed by Subrecipient to Department arising
under this Contract.
E. Subrecipient shall refund to the Department any funds which Department determines has not been
spent strictly in accordance with the terms of this Contract. Subrecipient shall make such refund no
later than the date specified in the notice that repayment is required, but if no date is specified
within five (5) business days in accordance with 10 TAC §1.21(e).
SECTION 6. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS, AND AUDIT REQUIREMENTS
A. COST PRINCIPLES, ADMINISTRATIVE REQUIREMENTS. Except as expressly modified by law or the
terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative
requirements set forth in 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. Subrecipient agrees that if funds are added to this Contract, TXGMS will
remain the administrative requirement.
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B. AUDIT. In accordance with 10 TAC §1.403(e), if Subrecipient expends $750,000.00 or more in state
awards, or has an outstanding loan balance associated with state resources of $750,000.00 or more
with continuing compliance requirements, or a combination thereof must have a Single Audit.
C. COSTS. Department shall not be liable to Subrecipient for certain costs, including but not limited
to costs which:
(1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by
any source other than Department;
(2) are not allowable costs, as set forth in the provisions of the EH Fund State Rules and Section
8(B) of this Contract;
(3) are not strictly in accordance with the terms of this Contract, including the exhibits;
(4) have not been reported to Department within the Close -Out Period of this Contract; or
(5) are not incurred during the Contract Term.
D. ACCESS. Department reserves the right to conduct additional audits of the funds received and
performances rendered under this Contract. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to obtain any documents, materials,
or information necessary to facilitate such audit upon written request by the Department to
Subrecipient.
E. SUBAWARDS. The Subrecipient shall include language in any subcontract or subgrant that provides
the Department the ability to directly review, monitor, and/or audit the operational and financial
performance and/or records of work performed under this Contract.
F. AUDIT CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract
Term, Subrecipient must submit an "Audit Certification Form" (available from the Department)
within two (2) months after the Subrecipient's fiscal year end in accordance with 10 TAC §1.403(d).
G. STATE AUDITOR'S RIGHTTO AUDIT. The state auditor may conduct an audit or investigation of any
entity receiving funds from the state directly under the contract or indirectly through a subcontract
under the contract. The acceptance of funds 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, an 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
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION OR SUSPENSION. Pursuant to 10 TAC Chapters 2 and 7, Department may terminate
or suspend this Contract, in whole or in part, at any time Department determines that there is cause
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for termination. If Subrecipient fails to submit within forty-five (45) calendar days of its due date,
any report in accordance with 10 TAC §7.5 or responses to monitoring reports, Department may, in
its sole discretion, suspend payments, place Subrecipient on Cost Reimbursement method of
payment, and initiate proceedings to terminate any active Contract. In accordance with 10 TAC
§2.202(b)(6), cause for termination includes, but is not limited to, fraud, waste, abuse, fiscal
mismanagement, or other serious Findings in the Subrecipient's performance.
B. WITHHOLDING OF PAYMENTS. Nothing in this Section shall be construed to limit Department's
authority to withhold payment and immediately suspend this Contract if Department identifies
possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in
Subrecipient's performance. Suspension shall be a temporary measure pending either corrective
action by Subrecipient or a decision by Department to terminate this Contract.
C. DEPARTMENT LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination of this Contract.
D. SUBRECIPIENT LIABILITY. Notwithstanding any exercise by Department of its right of termination
or suspension, Subrecipient shall not be relieved of any liability to Department for damages by
virtue of any breach of this Contract by Subrecipient.
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.
SECTION 8. ALLOWABLE EXPENDITURES
A. Whether the Subrecipient's costs incurred in the performance of this Contract are considered
allowable, shall be determined in accordance with the provisions of the EH Fund State Rules, subject
to the limitations and exceptions set forth in this Contract.
B. EH Fund grant funds may be used for administrative activities as well as allowable expenditures
under this Contract, to include activities outlined in 10 TAC §7.21, provided Subrecipient receives
prior written approval from the Department.
C. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual
programmatic expenditures and shall be allowed up to the amount outlined in Exhibit B of this
Contract. Eligible administrative costs include general management, and oversight and
coordination.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the recordkeeping requirements and shall maintain
fiscal and programmatic records and supporting documentation for all expenditures made under
this Contract in accordance with the TXGMS. Subrecipient agrees to comply with any changes to the
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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 EH
Fund requirements are being met. The written standards must be applied consistently for all
Program Participants. The written standards must include, but are not limited to Inclusive 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.
D. ACCESS TO RECORDS. Subrecipient agrees that Department, the Auditor of the State of Texas, the
Comptroller of the State of Texas, or any of their duly authorized representatives, shall have the
right to access and to examine and to copy, on or off the premises of Subrecipient, all books,
accounts, records, reports, files, and other papers or property belonging to or in use by Subrecipient
pertaining to this Contract. Subrecipient agrees to maintain such records in an accessible location.
E. RECORD RETENTION. Subrecipient shall maintain and retain all records relating to the performance
of the grant including supporting fiscal documents adequate to ensure that claims for grant funds
are in accordance with applicable State of Texas requirements. These records will be retained by
Subrecipient for a period of five (5) years after the grant expiration date or until all audit, claim and
litigation matters are resolved, whichever is later. 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 four (4) 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. The Department reserves the right to direct a Subrecipient to
retain documents for a longer period of time or transfer certain records to the Department custody
when it is determined the records possess longer term retention value. Subrecipient must include
the substance of this clause in all subawards and subcontracts.
F. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or
maintained by Subrecipient pertaining to this Contract is subject to the Texas Public Information Act
(Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and other
interested parties with reasonable access to all records pertaining to this Contract subject to and in
accordance with the Texas Public Information Act. 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.
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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. SUBAWARDS. Subrecipient shall include the substance of this Section 9 in all of its subcontracts
and subgrants.
SECTION 10. REPORTING REQUIREMENTS
A. DATA COLLECTION. In accordance with 10 TAC §7.6, Subrecipient must ensure that data on all
persons served and all activities assisted under Homeless Programs is entered into the applicable
HMIS, or HMIS-comparable database for domestic violence or legal service providers.
B. REPORTS. Subrecipient shall submit to Department such reports on the performance of this Contract
as may be required by Department including, but not limited to, the reports specified in this Section.
C. MONTHLY REPORTS. In accordance with 10 TAC §7.5(c), 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), EH Fund Subrecipient will submit
information to the Department for biennial reporting to the Texas Legislature.
E. CONSTRUCTION ACTIVITIES. In accordance with 10 TAC §7.3, if Subrecipient intends to expend funds
for new construction, rehabilitation, or conversion, Subrecipient must submit a copy of the activity
budget inclusive of all sources and uses 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.
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, 2000 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. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit timely,
complete, and accurate reports in accordance with the grant and maintain appropriate backup
documentation to support the reports.
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SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. If a change in federal law or regulation or state
law or regulation occurs that requires a change, addition, or deletion to the terms of this Contract,
the change is automatically incorporated in this Contract and is effective on the date designated by
such law or regulation without the requirement of a written amendment hereto. Said changes,
additions, or deletions referenced under this Subsection A of Section 11 may be further evidenced
by a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or
deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic
transmission, the signing party intends the copy of its authorized signature printed by the receiving
machine or the electronic transmission, to be its original signature.
D. REQUESTS. Amendment requests may be considered at the discretion of the Department in
accordance with 10 TAC §7.4(e).
SECTION 12. PROGRAM INCOME
A. In accordance with 10 TAC §7.25 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, license fees and royalties on
patents and copyrights, and principal and interest on loans made with this award. Interest earned
in excess of $250 on grants or loans from purely state sources is considered program income.
Security and utility deposits must be reimbursed to the Program Participant and are not considered
program income if they remain with the Program Participant, and are returned only to the Program
Participant.
B. Program income that is received during the Contract Term must be used for allowable expenditures
as described in Section 8 of this Contract.
C. Program income that is received 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. The Department acknowledges governmental entities cannot create an
unfunded debt pursuant to the Texas Constitution.
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SECTION 14. PROCUREMENT STANDARDS
Subrecipient shall comply with 10 TAC §1.404, this Contract, and all applicable state, and local laws,
regulations, and ordinances for making procurements under this Contract.
SECTION 15. SUBCONTRACTS AND SUBAWARDS
A. Subrecipient may not subcontract the primary responsibilities of this Contract, including but not
limited to expenditure and performance reporting and drawing funds through the Contract System.
B. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's
prior approval. EH Fund 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
subcontract or subaward as necessary to ensure that the subcontract or subaward is used for
authorized purposes, in compliance with applicable statutes, regulations, and the terms and
conditions of the subaward or subcontract, and that subaward or subcontract 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 be construed as relieving Subrecipient of the
responsibility for ensuring that the performances under all subcontracts and subgrants are rendered
so as to comply with all of the terms of this Contract, as if such performances rendered were
rendered by Subrecipient. Department maintains the right to monitor and require Subrecipient's
full compliance with the terms of this Contract. Department's approval under this Section does not
waive any right of action which may exist or which may subsequently accrue to Department under
this Contract.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than forty-five
(45) calendar days after the termination of this Contract a cumulative inventory report of all real
property and equipment acquired in whole or in part with funds received under this Contract or
previous EH Fund contracts. Upon the termination of this Contract, Department may transfer title
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to any equipment to the Department or to any other entity receiving EH Fund grant funds from the
Department.
B. When the Subrecipient no longer needs equipment purchased with EH Fund grant funds, regardless
of purchase price, or upon the termination of this Contract, Department may take possession and
transfer title to any such property or equipment to the Department or to a third party or may seek
reimbursement from 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 EH Fund grant funds.
SECTION 17. TRAVEL
The governing board of Subrecipient must adopt 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.cl7a.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 of Articles 2252,
2253 and 5160 of the Texas Civil Statutes, and Sections 252.044 and 262.032 of the Local
Government Code. If Subrecipient will enter into a public works contract with a third -party in the
amount of Fifty Thousand and No/100 Dollars ($50,000) or greater, Subrecipient must execute with
the contractor a payment bond in the full amount of the contract. If the Subrecipient will enter in
to contract with a prime contractor in excess of One Hundred Thousand and No/100 Dollars
($100,000), a performance bond in the full amount of the contract is also required. These bonds
must be executed by a corporate surety authorized to do business in Texas, a list of which may be
obtained from the State Insurance Department. Such assurances of completion will run to 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
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A. Department may provide technical guidance to explain the rules and provide directions on terms of
this Contract.
B. Department or its designee may conduct periodic on- or off -site monitoring and evaluation of the
efficiency, economy, and efficacy of Subrecipient's performance of this Contract in accordance with
the EH Fund State Rules. Department will advise Subrecipient in writing of any deficiencies noted
during such monitoring. Department will suggest or require changes in Subrecipient's program
implementation or in Subrecipient's accounting, personnel, procurement, and management
procedures in order to correct any Observations, Concerns, or Findings. Department may conduct
follow-up visits to review and assess the efforts Subrecipient has made to correct previously -noted
Observations, Concerns, or Findings.
C. Department may place Subrecipient on Cost Reimbursement method of payment, 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.
SECTION 21. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority to
apply for this 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. The execution,
delivery, and performance of this Contract will not violate Subrecipient's constitutive documents or
any requirement to which Subrecipient is subject and represents the legal, valid, and binding
agreement of Subrecipient, enforceable in accordance with its terms.
B. DULY AUTHORIZED; GOOD STANDING. Subrecipient is and will continue to remain organized, validly
existing and in good standing under the laws governing its creation and existence, and will continue
to be duly authorized and qualified to transact any and all applicable business contemplated
hereunder in the State of Texas. Subrecipient possesses and will continue to possess all requisite
authority, power, licenses, permits and franchises to conduct its business and to execute, deliver
and comply with its obligations under the terms of this Contract, the execution, delivery and
performance of which have been or will be duly authorized by all necessary action.
C. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants
that he/she has been duly authorized by Subrecipient's governing body to execute this Contract on
behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and
performances herein.
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D. TERMINATION: LIABILITY. Department shall have the right to terminate this Contract if there is a
dispute as to the legal authority of either Subrecipient or the person signing this Contract on
behalf of Subrecipient to enter into this Contract or to render performances hereunder.
Subrecipient is liable to Department for any money it has received from Department for
performance of the provisions of this Contract, if the Department has terminated this Contract for
reasons enumerated in this Section 21.
E. MERGER 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 EH Fund 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, and
assure the compliance of all its subrecipients and contractors, with all applicable federal and state
laws, rules, regulations, and policies in effect or hereinafter established. In addition, Subrecipient
represents and warrants that it will comply with all requirements imposed by the Department
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 attached hereto as Addendum B that it is implementing the Drug -Free Workplace Act
of 1988 (41 USC §701 et seq).
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipients that interact with program participants must
create a Language Access Plan to provide program applications, forms, and educational materials in
English, Spanish, and any appropriate language, based on the needs of the service area and in
compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure
compliance, the Subrecipient must take reasonable steps to insure that persons with LEP have
meaningful access to the program. Meaningful access may entail providing language assistance
services, including oral and written translation, where necessary.
D. REHABILITATION ACT OF 1973. Section 504 of the Rehabilitation Act of 1973 and HUD regulation
24 CFR Part 8 apply to all programs or activities under this Contract.
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E. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation for
disability, medical records or any other medical information in the course of administering the EH
FUND program, Subrecipient shall comply with the Protected Health Information state and federal
laws and regulations, as applicable, under 10 TAC §1.24, Chapter 181 of the Texas Health and Safety
Code, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub.L. 104-191, 110
Stat. 1936, enacted August 21, 1996) the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and
E of 45 CFR Part 164)
F. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
(1) General. Subrecipient shall comply with the information security and privacy requirements
under 10 TAC §1.24 to ensure the security and privacy of Protected Information (as said term
is defined under 10 TAC §1.24).
(2) Information Securitv and Privacv 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.
G. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42 U.S.C.
§§ 6101-6107).
H. AFFIRMATIVE OUTREACH. Subrecipient shall affirmatively reach out to populations that are least
likely to apply for services as further outlined in 10 TAC §7.10(c)(3).
LEAD -BASED PAINT. Subrecipient shall comply with the Lead -Based Paint Poisoning Prevention Act,
42 U.S.C. §4821 et seq. and 24 CFR Part 35.
J. 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).
K. 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.
L. 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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M. 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 the Department, (2) a person who at
any time during the four years before the date of the Contract was the executive head of the
Department, or (3) a person who employs a current or former executive head of the Department.
N. 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.
O. CYBERSECURITY TRAINING PROGRAM. 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
P. 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.
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Q. 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.
R. 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 longer term retention value. Subrecipient must include
the substance of this clause in all subawards and subcontracts.
S. 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 meeting of a governmental body to be open to the public, except as
otherwise provided by law.
T. REPORTING SUSTPECTED FRAUD AND UNLAWFUL CONDUCT. 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.
U. Notification of Investigation. Subrecipient must notify the Department if Subrecipient is under
federal or state investigation (by, for example, including, but not limited to, Office of Inspector
General and the Office of State Inspector General). Subrecipient must inform the Department in
writing of this investigation in accordance with the Notice Provisions in 41. Subrecipient must
also inform the Department in writing, in accordance with the Notice Provisions in 41, of any
written requests for information by the State Auditor's Office, the Office of the Attorney General,
or any other investigative agency, unless otherwise prohibited by law.
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 the EH Fund. 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 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 120th day after the date the Department notifies Subrecipient of the
violation.
SECTION 25. CONFLICT OF INTEREST
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. Failure to maintain written
standards of conduct and to follow and enforce the written standards is a condition of default under
this Contract and may result in termination of the Contract or deobligation of funds.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of interest
would be involved. Such a conflict would arise when the employee, officer, or agent, any member
of his or her immediate family, his or her partner, or an organization which employs or is about to
employ any of the Parties indicated herein, has a financial or other interest in the firm selected for
an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipients
may set standards for situations in which the financial interest is not substantial or the gift is an
unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to
be applied for violations of such standards by officers, employees, or agents of the Subrecipient.
D. The provision of any type or amount of EH Fund assistance may not be conditioned on an individual's
or family's acceptance or occupancy of emergency shelter or housing owned by the Subrecipient,
Subgrantee or a parent or subsidiary of the Subrecipient.
E. No 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.
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F. For transactions and activities other than the procurement of goods and services, no officers,
employees, and agents, including consultants, officers, or elected or appointed officials of the
Subrecipient, Subgrantee, or subcontractor who exercises or has exercised any functions or
responsibilities with respect to activities assisted under EH Fund contracts, or who is in a position
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 or grant, Respondent 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 connection with
obtaining any Federal contract, grant or any other award governed by the Byrd Anti -Lobbying
Amendment (31 U.S.C. §1352) as the Development Owner and each of its tiers have certified by
their execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all relevant
purposes.
SECTION 27. NONDISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits
of, be subjected to discrimination under, or be denied employment in the administration of or in
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connection with any program or activity funded in whole or in part with funds made available under
this Contract, on the grounds of race, color, religion, sex, national origin, age, or disability.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program
in keeping with the principles as provided in President's Executive Order 11246 of September 24,
1965. Subrecipient must comply with the Equal Opportunity in Housing (Executive Order 11063 as
amended by Executive Order 12259) and it implementing regulations at 24 CFR Part 107.
C. ACCESSIBILITY AND FAIR HOUSING. Subrecipient must meet the accessibility standards and fair
housing requirements under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) and its
implementing regulations at 24 CFR Part 8, (ii) the Fair Housing Act (42 U.S.C. §3601 et seq.) as
implemented by HUD at 24 CFR Parts 100-115, 24 CFR §92.250, 24 CFR §92.202 and 24 CFR
§5.105(a), (iii) Texas Fair Housing Act (Chapter 301 of the Texas Property Code), (iv) Title VI of the
Civil Rights Act of 1964, as amended (42 U.S.C. §2000d et seq.), and implementing regulations at 24
C.F.R. Part 1, and (v) Titles 11 and III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§12131-
12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department of Justice at 28 CFR
Parts 35 and 36.
D. REASONABLE ACCOMODATIONS. Subrecipients shall operate each program or activity receiving EH
Fund financial assistance so that the program or activity, when viewed in its entirety, is readily
accessible and usable by individuals with disabilities. Subrecipients are also required to provide
reasonable accommodations for persons with disabilities.
E. GENERAL. Subrecipient shall make known that use of the facilities and services funded under this
Contract are available to all on a nondiscriminatory basis. Subrecipient also must adopt and
implement procedures designed to make available to interested persons information concerning
the existence and location of services and facilities that are accessible to persons with a disability.
F. SUBCONTRACTS. Subrecipient shall include the substance of this Section 27 in all of its subcontracts
and subgrants.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
A. By signing this Contract, Subrecipient certifies that neither it nor its current principal employees,
members, agents, or contractors are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded by any federal department or agency as listed on the
State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and
the System farAward Management (SAM) maintained by the General Services Administration and
as provided in the Certification Regarding Debarment, Suspension and Other Responsibility
Matters attached hereto as Addendum C and incorporated herein for all relevant purposes. The
terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in the certification attached as Addendum C, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
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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. Subrecipient may decide the frequency by which
it determines the eligibility of its subcontractors. Subrecipient may rely upon a certification of a
prospective subcontractor that is not proposed for debarment under 48 CFR Part 9, subpart 9.4,
debarred, suspended, ineligible, or 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
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. Subrecipient shall ensure that any building for which EH Fund grant
funds are used for renovation, conversion, or major rehabilitation must meet Shelter and Housing
Standards, Uniform Physical Construction Standards, 2000 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 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.
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D. OTHER CONDITIONS. Not applicable.
SECTION 30. NO WAIVER OF REMEDIES
A. 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. NO WAIVER OF 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:
(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 — Contract Budget
SECTION 32. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or an
administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding.
SECTION 33. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds
expended under this Contract. Department and the State shall each have a royalty -free, nonexclusive, and
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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 prose lytization, and must be for the benefit of persons regardless of
religious affiliation.
SECTION 36. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure
to perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of
nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection,
riots, civil disorders, rebellion or sabotage; and (iv) quarantines, disease pandemics, embargoes and
other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and
B. The non -performing party is without fault in causing or failing to prevent the occurrence of such
event, and such occurrence could not have been circumvented by reasonable precautions and could
not have been prevented or circumvented through the use of commercially reasonable alternative
sources, workaround plans or other means.
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.
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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
Telephone: (512) 475-0908
Fax: (512) 475-0220
abigail.versyp@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Attention: Fernando Costa, Assistant City Manager
Telephone: 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.
SECTION 42. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation
pursuant to this Contract, venue shall lie in Travis County, Texas.
SECTION 43. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to
encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the
Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006
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respectively, Texas Government Code), to assist in the fair and expeditious resolution of internal and
external disputes involving the Department and the use of negotiated rulemaking procedures for the
adoption of Department rules. As described in Chapter 154, Civil Practices and Remedies Code, ADR
procedures include mediation. Except as prohibited by Department's ex parte communications policy,
Department encourages informal communications between Department staff and the Subrecipient, to
exchange information and informally resolve disputes. Department also has administrative appeals
processes to fairly and expeditiously resolve disputes. If at any 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 2272 of the Texas Government Code, to the extent allowed by federal and state
law, the Department may not enter into this Contract with an "abortion provider" or an "affiliate"
of an abortion provider, as said terms are defined thereunder, if funds under this Contract are
appropriated from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any
funds under this Contract from state or local tax revenue, it is eligible to receive said funds, and that
it will not utilize said funds in any way contrary to this Section 44 during the Contract Term.
SECTION 45. PREVENTION OF TRAFFICKING
Subrecipient and its contractors must comply with Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or its subcontractor
engages in, or uses labor recruiters, brokers or other agents who engage in any of the prohibited
activities under Section 106(g) of the Trafficking Victims Protection Act of 2000, the Department
may terminate this Contract and Subrecipient hereby agrees and acknowledges that upon
termination, Subrecipient's rights to any funds shall be terminated.
SECTION 46. INDEMNIFICATION
TO THE EXTENT AUTHORIZED BY LAW, 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 SUBRECIPIENT WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE
City of Fort Worth, 30246010006 23
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
City of Fort Worth, 30246010006 24
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
WITNESS OUR HAND EFFECTIVE:
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by,
�t/64+lvh� t.%0 7�1/ir
By: ll
Name: Fernando Costa
Title: Assistant Citv Manager
Date: 9/21/2023 1 4:16:36 PM CDT
THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE.
THIS CONTRACT IS APPROVED, ACCEPTED AND MADE TO BE EFFECTIVE ON SEPTEMBER 1, 2023, AND
WILL TERMINATE ON AUGUST 31, 2024, AS FURTHER DESCRIBED IN SECTION 2 ON BEHALF OF:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
uSigned by:
By: Doc
-/,
�uaruwouaow,vuwwr...
Name: Abigail Versvo
Title: Its dulv authorized officer or representative
Date: 9/21/2023 1 4:20:30 PM CDT
City of Fort Worth, 30246010006 2S
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective this
26 day of Sept. , 20 23
APPROVAL RECOMMENDED
Victor Turner, Neighborhood Services Director
Date: Sep 26, 2023
APPROVED AS TO FORM AND
LEGALITY
LAG unt (Sep 26, 2023 11:29 CDT)
Leslie L. Hunt, Senior Assistant City Attorney
Date: Sep 26, 2023
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.
d0✓lu"PLV-
Tara Perez (Sep 22, 2023 10:10 CDT)
Tara Perez
Manager, Directions Home
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ATTEST:
�e
ApaQu nEXaSda`
Jannette S. Goodall, City Secretary
Date: Sep 26, 2023
M&C No.: 23-0630
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
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 $10,000 and not more than $100,000 for
each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
City of Fort Worth, 30246010006 26
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
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 $10,000
and not more than $100,000 for each such failure.
City of Fort Worth,
a political subdivision of the State of Texas
�ocSigned by:
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: 9/21/2023 1 4:16:36 PM CDT
City of Fort Worth, 30246010006 27
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
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, 30246010006
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
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):
1 200 Texas Street, Fort Worth TX 76102
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,
a political subdivision of the State of Texas
City of Fort Worth, 30246010006 29
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
2ed by:
�� •�o C
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: 9/21/2023 1 4:16:36 PM CDT
City of Fort Worth, 30246010006 30
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
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-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 year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary
fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability
and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement,
restitution, or damage in excess of $100,000; or
iv. Any other criminal, civil, or administrative proceeding if:
City of Fort Worth, 30246010006 31
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
1. It could have led to an outcome described in this section (e) paragraph (3) items (i) — (iii)
of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
(4) For purposes of section (e) of this certification the following definitions apply:
i. An "administrative proceeding" means a non -judicial process that is adjudicatory in nature in
order to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include audits, site visits, corrective plans, or inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction, whether entered upon
a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such
Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Subcontracts/Lower Tier Covered Transaction," without modification, in all subrecipient contracts,
subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
City of Fort Worth, 30246010006 32
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
LOWER TIER PARTICIPANT/ SUBCONTRACTOR:
Gary Wi son ep 22,202309:03 CDT)
[Signature]
Printed Name: Gary Wilkerson
Title: Executive Director
Date: Sep 22, 2023
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification,
in addition to any other remedies available, the Department may terminate this Contract for cause or
default.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
DocuSigned by,
�t/64+lvh� t�L/ir
By: ll
Name: Fernando Costa
Title: Assistant City Manager
Date: 9/21/2023 1 4:16:36 PM CDT
City of Fort Worth, 30246010006 33
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
ADDENDUM D
PRWORA REQUIREMENTS
City of Fort Worth,
a political subdivision of the State of Texas
If an individual is applying for EH Fund grant funds, a Subrecipient must verify that the individual applying
for EH Fund grant funds is a qualified recipient for funding under the Personal Responsibility and Work
Opportunity Act of 1996 ("PRWORA"), 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 EH Fund 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 PRWORA
also exempts "public health assistance for immunizations with respect to immunizable diseases and for
testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused
by a communicable disease."
If Subrecipient is unsure of whether or not an activity is exempt from the Act, it should contact the
Department before beginning the activity to receive a written determination
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE)
SYSTEM
Subrecipient shall:
(1) System Use.
City of Fort Worth, 30246010006 34
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
(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), http://www.uscis.gov/save/what-save/save-webinars, and
maintaining a working knowledge of requirements contained therein and in this Contract as
updated. Documentation of training must be maintained by the Subrecipient for monitoring
review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to
perform verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in
the SAVE Program Guide, web -based tutorial, this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance. Contact information can be found at
http://www.uscis.gov/portal/site/uscis/menuitem.ebld4c2a3e5b9ac89243c6a7543f6dla/?vgne
xtoid=Od37dffd79029310VgnVCM 100000082ca60aRCRD&vgnextchannel=Od37dffd79029310Vg
nVCM100000082ca60aRCRD
(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;
(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
City of Fort Worth, 30246010006 35
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
of records between agencies, and the internal processing of records received by either agency
under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it
is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS.
Each applicant seeing access to information regarding him/herself may do so by submitting a
written signed request to DHS-USCIS. Instructions for submitting request may be found at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCo
rrectYourRecordswithUSCIS.pdf (subject to revision and reporting on the SAVE Website and
Online Resources);
(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 at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCo
rrectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and
Online Resources);
(o) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial and
to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immgration 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;
City of Fort Worth, 30246010006 36
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(b) Notify the Department's Compliance Division immediately whenever there is reason to believe
a violation of this agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe
an information breach has occurred as a result of User or Subrecipient action or inaction pursuant
to Office of Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and
Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records
and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any
User, including, but not limited to original applicant consent documents required by the Privacy
Act, 5 U.S.C. §552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review Subrecipient's compliance with this Addendum D and all other SAVE -related
policy, procedures, guidance and law applicable to conducting verification and safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of 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. §552a(i)(1), and that any person who obtains this information under
City of Fort Worth, 30246010006
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
false pretenses or uses it for any purpose other than as provided for in this Contract may be
subject to criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or
action by third parties arising out of or related to the execution and/or performance of this
Contract, whether civil or criminal, and retain responsibility for the payment of any corresponding
liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the
Subrecipient.
(5) Points of Contact.
Abigail Versyp
Director of Single Family and Homeless programs
Texas Department of Housing and Community Affairs
Community Affairs Division
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, 30246010006 38
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
The undersigned hereby certifies to the Texas Department of Housing & Community Affairs that
all information herein is true and correct to the best of their knowledge and belief. The purpose
of this statement is to certify that City of Fort Worth:
® Is NOT a private nonprofit charitable organization and is an entity created by State Statute and
affiliated with or is a state or governmental entity (such as a housing finance agency, public
housing authority, unit of local government, council of governments, county, etc.)
Certification must have the signature from a representative with authority to execute documents
on the Subrecipient's behalf.
SUBRECIPIENT:
City of Fort Worth,
a political subdivision of the State of Texas
�DocuSigned by, � �i�
t44,44-4 t %o'l�LI�
By: C---%1V-1IX.1Ix...
Name: Fernando Costa
Title: Assistant City Manager
9/21/2023 1 4:16:36 PM CDT
Date:
City of Fort Worth, 30246010006 39
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
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 Ending
Homelessness Fund ("EH Fund") for homeless assistance, prevention, emergency shelter operations,
essential services, case management, and administration as stated in 10 TAC §7.27 and in accordance with
the EH Fund State Rules.
Close -Out Period: Ends forty-five (45) calendar days after the Contract Term
Contract Term: September 1, 2023 — August 31, 2024 -�yD�s
Service Area: City of Fort Worth I r
Program Activities
Subrecipient agrees to perform the following measurable activities:
A. Served
1. Persons entering EH projects:
175
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"):
0
5. Persons served with Homelessness Prevention ("HP"):
0
6. Persons who used a day or night shelter:
175
7. Persons served with Case Management:
0
B. Outcomes
1. Persons experiencing Homelessness who maintained housing
for three months after EH FUND exit: 0
2. Persons At -risk of Homelessness who maintained housing for
three months after EH FUND exit: 0
C. New Beds
1. New beds created through Shelter Construction: 0
2. New beds created through Shelter Rehabilitation: 0
City of Fort Worth, 30246010006 40
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
3. New beds created through Shelter Conversion:
City of Fort Worth, 30246010006 41
DocuSign Envelope ID: 7CBD23F1-E286-45C1-82B5-EF212A8EF10C
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2024 TEXAS ENDING HOMELESSNESS FUND
CONTRACT NUMBER 30246010006
EXHIBIT B
CONTRACT 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 Period.
Unexpended fund balances will be recaptured.
II. BUDGET FOR AVAILABLE ALLOCATIONS
ADMINISTRATION $6,410.00
CASE MANAGEMENT SALARY $0.00
CONSTRUCTION/REHABILITATION/CONVERSION $0.00
ESSENTIAL SERVICES $0.00
FINANCIAL ASSISTANCE- HOMELESS ASSISTANCE $0.00 DS
FINANCIAL ASSISTANCE- HOMELESSNESS $0.00
PREVENTION
OPERATIONS $57,694.00
TOTAL FUNDS AWARDED $64,104.00
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 request(s) from
Subrecipient 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, 30246010006 42
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0630
LOG NAME: 19ACCEPTING HOMELESS HOUSING AND ENDING HOMELESSNESS FUNDS
SUBJECT
(ALL) Authorize Acceptance of Grants from and Execution of Agreements with the Texas Department of Housing and Community Affairs for
Homeless Housing and Services Program Funds in the Approximate Amount of $393,628.00, Homeless Housing and Services Program -Youth
Set Aside in the Approximate Amount of $130,851.00, and Ending Homelessness Funds in the Approximate Amount of $64,104.00, with All
Amounts Subject to Potential Adjustment as a Result of Legislative Changes; Authorize Execution of Subgrant Agreements with My Health, My
Resources of Tarrant County to Provide Rental Assistance, with Transition Resource Action Center to Provide Youth Rental Assistance and Case
Management and with When We Love to Provide Temporary Cold Weather Overflow Shelter Service; Find that the Subgrant Agreements Serve a
Public Purpose and that Adequate Controls are in Place; and Adopt Appropriation Ordinance
IN*KelLTd�iIZILlU7_1%11Is7LlA
It is recommended that the City Council:
1. Authorize acceptance of grants and execution of grant agreements, including the ability to adjust the grant amounts in such agreements, with
the Texas Department of Housing and Community Affairs for the Homeless Housing and Services program funds in the approximate
amounts of $393,628.00 (General), $130,851.00 (Youth) and $64,104.00 (Ending Homelessness);
2. Authorize the execution of a subgrant agreement with My Health, My Resources of Tarrant County in the approximate amount of $393,628.00,
or the adjusted amount if applicable, to provide rental assistance to at least 30 permanent supportive housing clients (General);
3. Authorize the execution of a subgrant agreement with Transition Resource Action Center in the approximate amount of $130,851.00, or the
adjusted amount if applicable, to provide rental assistance and case management to at least 8 young adults (Youth);
4. Authorize the execution of a subgrant agreement with When We Love in the approximate amount of $64,104.00, or the adjusted amount if
applicable, to provide temporary cold weather sheltering services (Ending Homelessness);
5. Find that the subgrant agreements serve the public purpose of reducing chronic and youth homelessness and providing a basic safety net
and that adequate controls are in place through the subgrant agreements; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the
approximate amount of $588,583.00, or the adjusted amount if applicable, subject to the receipt of the grant, for the purpose of reducing
chronic and youth homelessness and providing a safety net.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to approve grants and related agreements for three different categories of
services directed to individuals experiencing homelessness.
General
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 municipalities with a population of 285,500 or greater, including the City of Fort Worth (City).
The 2024 HHSP amount allocated to the City is approximately $393,628.00. The HHSP funds may be used to provide rental assistance, case
management and other services or housing options to reduce homelessness. Previously the City has had a subgrant agreement with The Housing
Authority of the City of Fort Worth doing business as Fort Worth Housing Solutions to pay rental assistance for permanent supportive housing
(PSH) clients. Case management for these clients was largely provided by My Health, My Resources of Tarrant County (MHMR) and funded
through the City's Directions Home program. In order to streamline the program by having one agency provide both case management and rental
assistance, this year the City will enter into a subgrant agreement with MHMR for rental assistance for at least 30 PSH clients.
Youth
The 2024 HHSP-Youth amount allocated to the City is approximately $130,851.00. Eligible services include case management, emergency
shelter, street outreach and transitional living. CitySquare, through its Transition Resource Action Center (TRAC) program, currently provides rental
assistance and case management for young adults in the HHSP-Youth program. The TRAC program has expanded and become its own separate
501 c3. The City will enter into a subgrant agreement with TRAC to provide rental assistance and case management for at least 8 young
adults annually. There will be no service disruption for clients.
Endina Homelessness
The 2024 Ending Homelessness amount allocated to the City is approximately $64,104.00. Eligible services are similar to the HHSP program.
The City will enter into a subgrant agreement with When We Love to provide temporary cold weather overflow shelter on nights between October
15, 2023 and March 31, 2024 when weather triggers are met and regular shelter beds are full.
The TDHCA has indicated that recently passed legislation may cause the award amounts to be adjusted.
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 reduce chronic and youth homelessness and support the safety net 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, 2023. The Neighborhood Services Department will administer the HHSP, HHSP-Youth and
Ending Homelessness funds and monitor the sub -grantees, MHMR, TRAC and When We Love. The subgrant agreements will be from September
1, 2023 to August 31, 2024. Since no City salaries will be charged, indirect cost recovery does not apply.
An Assistant City Manager is authorized to execute the agreements associated with these grants.
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 MHMR. A Form 1295 is required for TRAC and When We Love.
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 Citv Manaaer's Office bv: Fernando Costa 6122
Oriainatina Business Unit Head: Victor Turner 8187
Additional Information Contact: Tara Perez 2235