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23-259ORDINANCE NO. 23-259 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND OUR DAILY BREAD, INC. FOR THE PAYMENT AND USE OF HOME INVESTMENTPARTNERSHIP GRANT AMERICAN RESCUE PLAN (HOME-ARP) ENTITLEMENTFUNDING FOR TENANT BASED RENTAL ASSISTANCE; PROViDrNG FOR THEEXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $856,811.00; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, the American Rescue Plan Act of 202 1, also called the COVID-19 Stimulus Package or American Rescue Plan (ARP), was passed on March 11, 202 1, providing $5 billion for HOME Investment Partnership Grant American Rescue Plan (HOME-ARP) Entitlement funds from the U.S. Department of Housing and Urban Development, herein referred to as "HUD," under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93- 383; and WHEREAS, the American Rescue Plan Act of 2021 (“ARPA”) required the United States Department of Housing and Urban Development (“HUD”) to allocate ARPA funds to eligible government organizations using an allocation method similar to that which provides the City with its annual HOME grant allocation; and WHEREAS, in September of 202 1, the City received notice that HUD had allocated to the City $1,763,622.00 in HOME-American Rescue Plan (“HOME-ARP”) grant funds; and WHEREAS, the CITY is undertaking certain activities to develop a viable community by providing decent housing, a suitable living environment, and expanding economic opportunities principally for HOME-ARP Qualifying Populations, as described in the HOME-American Rescue Plan Allocation Plan (“Allocation Plan”); and WHEREAS, City has determined that a grant program whereby the City provides certain qualified non-profits with HOME-ARP funds to provide tenant based rental assistance to qualifying households in the form of payments to cover housing and housing-related costs (the “Project”) is in the public interest and in accordance with the American Rescue Plan funding objectives; WHEREAS, City desires to award qualified non-profits with suk)awards of HOME-ARP funds where all compliance requirements for use of HOME-ARP funds and any and all reporting requirements for expenditures of HOME-ARP funds apply; in accordance with Code of Federal Regulations (CFR) Title 24, Part 92 and the HOIVIE'-ARP Notice, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to provide theSUBRECIPIENT a sub-award from HOME-ARP funds to carry out Project activities in compliance with the HOME-ARP Allocation Plan; and WHEREAS, on February 10, 2023, the Community Services Advisory Committee recommended awarding HOME-ARP funding to Our Daily Bread, Inc. for Tenant Based RentalAssistance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager or their designee is hereby authorized to execute an agreement between the City of Denton and Our Daily Bread, Inc. in substantially the form attached hereto for the payment and use of Tenant Based Rental Assistance and Supportive Services grant funding, under the terms and conditions contained in the agreement. SECTION 3. The City Manager or their designee is hereby authorized to expend funds in an amount not to exceed $856,811.00 in the manner specified in the Agreement, and to take any other actions that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, to carry out the City’s rights and obligations under the Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by 'Br , a_ B,’c L and seconded by jjrA',a bA. (r\A_{ c he (; ra ; the Ordinance was passed and approved by the following vote K- A Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ ,/ ,/ ,,/ ,/ b/ Vicki Byrd, District 1 : Brian Beck, District 2 : Jesse Davis, District 3 : VACANT, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED thi, th, qlk d,y of +N , 2023. ATTEST: ROSA RIOS ICRETARY L\\ \ tIll III/I APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY B IIr : 1gc):#{In& B :) : #On: : 7b r7:: : : 1B r a y DocuSign Envelope ID: 459DCB15-CCEOJ+8B3-B815-09797E4AE930 DowSign Envelope ID: O+EAF09A.C45&499F.915E+J29BB385FBA0 2023-2024 HOME.ARP TENANT BASED RENTAL ASSISTANCE GRANT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND OUR DAILY BREAD, DVC.PROVIDING FOR THE PAYMENT AND USE OF HOME INVESTMENT PARTNERSEHP GRANt AMERICAN RESCUE PLAN FUNDS Tbis Agreement is hereby entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, hereinafter referred to as “CITY,” and Our Daily Bread, Inc., 909 North Loop288, Denton, Texas 76209, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the American Rescue Plan Act of 2021 , also called the COVTD-19 Stimulus Package or American Rescue Plan (“ARPA”), was passed on March 11, 2021, providing SS billion for HOME Investment Partnership Grant American Rescue Plan (HOME-ARP) Entitlement funds from the U.S. Department of Housing and Urban Development, herein referred to as "HUD," under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; and WHEREAS, ARPA required the United States Department of Housing and Urban Development (“HUD”) to al- locate ARPA funds to eligible government organizations using an allocation method similar to that which provides the City with its annual HOME grant allocation; and WHEREAS, in September of 2021, the City received notice that HUD had allocated to the City $1,763,622.00 in HOME-Amerimn Rescue Plan (“HOME-ARP’) grant funds; and WHEREAS, the CITY is undertaking certain activities to develop a viable community by providing decent hous- ing, a suitable living environment, and expanding economic opportunities principally for HOME-Am QualiBing Populations, as described in the HOME-American Rescue Plan Allocation Plan (“Allocation Plan”); and WHEREAS, City has determined that a grant program whereby the City provides certain qualified non.profits funds to accomplish the purpose of providing programs and services is in the public interest and in accordance with the American Rescue Plan funding objectives; and WHEREAS, City desires to award qualified non-profits with subawards of HOME-ARP funds where all compli- ance requinnrents for use of HOME-ARP funds and any and all reporting requirements for expenditures of HOME-ARP funds apply; in accordance with 24 Code of Federal Regulations (CFR) Part 92 and the HOME- ARP Notice, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to provide the SUBRECTPTETVF a sub.award from HOME-ARP funds to carry out project activities in compliancewith the HOME-ARP Al]ocation Plan; NOW, THEREFORE, the parties hereto agree to, and by the execution hereof are bound by, the mutual obligations and the performance and accomplishment of the conditions hereinafter described. 1. TERM This Ageement shall commence on May 1, 2023, and shall terminate on April 30, 2024, unless sooner terminated because funding is no longer available or in accordance with Section 25 “Termination.”. The City shall have the right, but not the obligation, to extend the term of tHs agreement for two (2) additional one_year periods. Page 1 of 37 DocuSign Envelope ID: 459DCB15-CCEOJ+8B3-B815-09797E4AE930 DowSign Envelope ID: 84EAF09A<:45&499F.915E+}29BB385FBA0 2. RESPONSIBILITIES SUBRECTPTENF hereby accepts the responsibility for the performance of all services and activities described in the Scope of Services attached hereto as Exhibit A and incorporated herein by nfennce, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPTENT’s executive officer to be SUBRECTPIENn’s representative responsible for the management ofall contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT and approved by CITY. The CITY’s Director of Community Services will be CITY’s repnsentative responsible for the administration of this Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Denton andSUBRECTPIEVF certifies that the activities carried out with these funds shall meet the American Rescue Plan’s funding objectives in response to the COVID-19 emergency. SUBRECIPIENT shall provide servica and/or programming for City of Denton residents as detailed in Exhibit A Scope of Services. 3. REPRESENTATIONS A. SUBRECTPIEVT assures and guarantees that it possesses the legal authority, pursuant to any proper, appro- priate, and official motion, rwolution, or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIWF, do hereby wanant and guarantee that they have been fully authorized by SUBRECIPIENF to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received aom CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECiPiENr agrees that the funds and resources provided SUBRECTPIWF under the terms of this Agreement will in no way be substituted for, or duplicative of, funds and resourcu hom other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, SUBRECTPTENF had this Agreement not been executed. 4. SUBRECIPIENT’S OBLIGATIONS h coruideration of the receipt of funds Bom the CITY, the SUBRECIPIENT agnes to the following terms and conditions: A. Up to Eight Hundred Fifty-Six Thousand Eight Hundred Eleven Dollars ($856,811.00) may be paid to SUBRECIPTE Ifr by CITY on a reimbursement basis in accordance with the Budget attached as Exhibit B, and the only expenditures reimbursed from these funds shall be those in accordanoe with the Budget, set forth in Exhibit B, for those services described in the Scope of Services, Exhibit A, as provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose. B. SUBRECIPIENT shall submit monthly performance and expenditure reports to CITY pursuant to Section 10 of this Agreement. CITY may withhold payment to SUBRECIPIENT for any period for which SUBRECTPIENF has failed to submit the reports required by this Agreement. C. SUBRECTPiENr will establish, operate, and maintain an account system for this program that will allow fix a aacing of funds and a review of the financial status of the prom. The system will be based on generally accepted accounting prInciples as recognized by the American Institute of Certified Public Accountants. Page 2 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DoalSlgn Envelope ID: &+EAF09A.C456499F'g15E-029BB385FBA0 D. E. F. G. H. 1. J. SUBRECIPIENT will permit authorized officials ofCITY to review its books at any time. SUBRE(_'IPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with CTW's Community Development Office along with any amendments, additions, or revisions upon request. SUBRECIPIENT will not enter into any contracts that would encumber CITY funds for a period that would extend beyond the term of this Agreement. SUBRECiPiENr will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to CITY’s Community Development Division for further direction. SUBRECIPIENT will appoint a representative who will be available to meet with CITY officials when re- quested SUBRECIPIENF will indemnify and hold halllless CITY, its officers, elected and appointed officials, agents, emp]oyees, and contractors from any and all claims and suits arising out of the services or activities of SUBRECIPIENT, its employees, and/or contractors. SUBRECIPTENF will submit to CFFY copies of year-end audited financial statements. 5. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS SUBRECIPIEVF shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton. SUBRECTPIEbfF agrees to abide by the conditions of and comply with the requirements of the Office of Management 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Require- ments for Federal Awards. SUBRECTPIENF shall give the CITY, US Department of Treasury, the Comptroller General of the United States, and any of the CITY’s authorized representatives, access to and the right to reproduce all records belonging to or in use by SUBRECIPIENT pertaining to this Agreement. Such access shall continue as long as SUBRECIPIENT retains the records. SUBRECIPIENT shall maintain such records in an accessible loca- tion SUBRECIPTENF shall refrain from entering into any subcontract for services without prior approval in writ- ing by CITY of the qualifications of the subcontractor to perform and meet the standards of this Agreement. All subcontracts entered into by the SUBRECIPIENT will be subject to the requirements of this Agreement. The SUBRECIPIENT agrees to be responsible to CITY for the performance of any subcontractor. SUBRECIPTEIVF further agrees and cenifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. SUBRECIPIENT shall adopt and implement affirmative marketing procedures for this program in accordance with the requirements in 24 CFR 92.351, including the requirements to (i) identify those portions of the pop- ulation of CFFY that are least likely to apply, (ii) establish specific marketing actions (e.g. advertising in specialty publications, native languages, etc.) intended to reach such populations, and (iii) maintain recordsof the results of such activities. SUBRECTPTIVF shall comply with all applicable Federal laws and regulations at 24 CFR 92 Subpwt H. Sub. part H prescribes procedures for compliance in the following areas: nondiscrimination and equal opportunity, affirmative marketing, displacement and relocation, labor relations and conflict of interest. A. B. C. D. E. F. G. 6. PERFORMANCE BY SUBRECIPIENT SUBRECTPIENT wil] provide, oversee, administer, and carry out the activities and services set out in the Scope of Services described in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be nec- essary and sufficient payment for full and satisfactory performance of the program, as detennhed solely by CITY and in accordance with all other terms, provisions, and requirements of this Agreement. No modifications or Page 3 of 37 DocuSign Envelope ID: 459DCB15-CCEOJ+8B3-B815-09797E4AE930 DowSlgn EIwelope ID: B+EAFOQA<;45&499F.915E+)29BB385FBA0 alterations may be made in the Scope of Services or Budget without the prior written approval of he CITY’s Dirwtor of Community Services. 78 PAYMENTS Payments to SUBRECIPIENT. CITY will pay SUBRECIPIENT for expenses pursuant to and in accordance with the Project Budget attached hereto as Exhibit B, and incorporated herein by reference, and the Scope of Services herein attached as Exhibit A and incorporated herein by reference. Notwithstanding any other pro- vision of the Agreement the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of Eight Hundred Fifty-Six Thousand Eight Hundred Eleven Dollars ($856,8 1 1.00). Funds are to be used for the sole purpose of providing the services described in the Scope of Services in Exhibit A and based on the Budget in Exhibit B. Excess Payment. SUBRECTPIEVF shall refund to cm within ten working days ofCFFY’s request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: ( 1) has resulted in overpayment to SUBRECIPIENF; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. Disallowed Costs. Upon termination of this Agreement, shotad any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY or any other Federal agency, SUBRECTPTENF will refund such amount to CITY within ten working days of a written notice to SUBRECIPTENF, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. Reversion of Assets. ( 1) SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any funds on hand at the time of expiration and any accounts receivable attdbutab]e to the use of funds. (2) The reversion of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Agreement. Ob]igation of Funds. ( 1) in the event that actual expenditure rates deviate from SUBRECIPIENT’s provision of a corresponding level of performance, as specified in Exhibits A and B, CITY hereby reserves the right to re-appropriate or recapture any such under expended funds, (2) IfCFFY finds that SUBRECTPTENF is unwilling and/or unable to comply with any of the terms of this Agnemenl CITY may require a refund of any and all money expended pursuant to this Agreement by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. Contract Close Out. SUBRECIPIENT shall submit a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the dose of the Agreement period. The CITY may withhold payment(s) until the appropriate and required reports are received and approved, which approval shall not be unreasonably withheld. Measure of Liability. ( 1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon the actual receipt of adequate ARP funds to meet CITY’s liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CFFY may, at its option, either reduce the amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this A. B. C. D. E. F. G. H. 1 Page 4 of 37 DocuSign Envelope ID: 459DCB15-CCE0-+8B3-B815-09797E4AE930 DtxnSlgn Envelope ID: O+EAF09A-C456499F.g15E.029BB385FBA0 Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) it is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date or after the ending date specified in Section 1 ; (c) is not in strict accordanw with the terms of this Agreement, including all exhibits attached hereto; (d) is not an allowable cost as defined by Section 10 of this Agreement or in the Budget set forth inExhibit B. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECTPTENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECTPIEVF to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUBRECTPIENF for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of this Agreement will revert to the City of Denton within 15 days from the expiration of the term for use on alternative services or projects. (7) Payments may be contingent upon certification of the SUBRECTPTENF's financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 8. ALLOWABLE COSTS Costs must comply with HOME-ARP allowable uses and expenditure categories as published in the Com- pliance and Reporting Guidance by the US Department of Treasury. Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A andB SUBRECIPIENT may not expend more than 10% of the funds for any administrative costs. To the extent that SUBRECIPIENT has received funds from another municipal, state, or federal source for any purpose contemplated herein, SUBRECIPIEVF shall not expend funds paid under this Agreement in a manner that would be duplicative of the use of such prior funds. Approval of SUBRECIPIENT’s Budgel Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY’s prior written authorization is required in order for the following to be considered allowable costs:a. CITY shan not be obligated to any third parties, including any subcontractors of SUBRECiPTEbn, and CFFY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. b. Any alterations, deletions, or additions to the Budget detail incorporated in Exhibit B; c. Costs or fees for temporary employees or services; d. Any fees or payments for consultant services. Written requests for prior approval are SUBRECIPIENT’s responsibility and shall be made within suffi- cient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services or personal property. Any pro- curement or punhase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. A. B. C D. E. F. Page 5 of 37 DocuSign Envelope ID: 459DCB15-CCE0-+8B3-B815-09797E4AE930 DowSign Envelope ID: 64EAF09A£456'+99F-915E4>29BB385FBA0 G. The purchase of raI property is not an allowable cost under this agreement. 9. PROGRAM INCOME Generally, program income includes, but is not limited to, income from fees for services performedp the use or rental or real or personal property acquired under Federal awards and principal and interest on loans made with Federal award funds. Program income does not include interest earned on advances of Federal funds9 rebates, credits, discounts, or interest on rebates, credits, or discounts. Recipients of HOME-ARP funds should calculate, document, and record the organization’s program income. Additional controls that your organiza- tion should implement include written policies that explicitly identify appropriate allocation methods, ac- counting standards and principles, compliance monitoring checks for program income calculations, and rec- ords SUBRECIPTENT shall maintain records of the receipt and disposition of Program Income in the same manner as required for other contract funds and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPTENT agree that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requircments of this Agreement and the regulations found at 2 CFR 200.307 and any additional guidance regarding program income and the application of 2 CFR 200.307(e)(1), including with respect to lending programs, re- leased by the US Department of Treasury. SUBRECIPIENT shall include this Section in its entirety in all of its sub-contracts which involve other in- come.producing services or activities. It is SUBRECIPIENT’s responsibUity to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be Program Income, unless otherwise approved in writing by CITY. A. B. C. D. 10. REPORTS AND INFORMATION At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data, and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECTPIENT shall submit performance and expenditure reports to CITY no less than once every month. The performance report shall detail client information. including race, ethnicity, income, female head of household, and other statistics required by CITY. The financial report shall include information and data relative to all pro- grammatic and financial reporting as of the commencement date specified in Section 1 of this Agreement. Unless the CITY has granted a written exemption, SUBRECIPiENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECTPTENT expends more than $750,000 in federal funding, the audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable within thirty days after receipt of such audit. 11. MONITORING AND EVALUATION SUBR£CIPI ENT agrees to participate in a monitoring and evaluation system whereby the services can be conan- uously monitored. CITY shall perform monitoring of the SUBRECIPIENT’s performances under this Agreement. A. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the Scope of Services. Program Goals, and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. Page 6 of 37 DocuSign Envelope ID: 459DCB15-CCE0-48B3-B815-09797E4AE930 DowSign Envelope ID: e4EAF09A{)45&499F-915E<)29BB385FBAO B. C. D. SUBRECnIENT agrees to cooperate fully with CITY and provide data determined by CIW to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. SUBRECTPTEVr agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its stafFto coordinate the monitoring process as requested by CITY staft SUBRECIPIENT agrees to make available its financial records for review by CITY at CITY's discretion. In addition, SUBRECTPTENF agrees to provide CITY the following data and reports, or copies thereoe ( 1) All external or internal evaluation reports; (2) Performance and expenditure reports to be submitted in the schedule published by the CITY’s Community Services Department. Reports shall include such information as requested by the CITY’s Community Services Department including but not limited to: number of persons or households assisted, race, gender, disability status, and household income. Performance and expenditure reports shall be due to CfFY within 15 working days after the completion of required reporting period. SUBRECIPTENT agrees to submit a performance report and expenditure report no less than once a month. The expenditure report shall include a profit and loss statement with current and year to date period accounting of all revenues, expenditures, outstanding obligations, and beginning and ending balances. (3) An explanation of any major changes in program services. After each official monitoring on-site visit, CITY shan provide SUBRECTPTENT with a written report of monitoring findings, documenting findings, and concerns that will require a written response to the CITY. An acceptable response must be received by the env within 60 days from the SUBRECTPIEM’s receipt of the monitoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT’s failure to submit a written response within 60 days. To comply with this section, SUBRECTPIENF agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agree- ment. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail fUll support and justification for each expenditure. SUBRECIPIENT agrees to retain all books, records, documents, re- ports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the CRY. Nothing in the above subsections shall be construed to relieve SUBRECTPTENF of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the SUBRECTPTENT’s funding or regulatory bodies to CFFY within ten working days of receipt by theSUBRECiPTENr. cm shall be responsible for performing an environmental review to ensure necessary compliances are met. HOME-ARP Funds will not be paid, and costs cannot be incurred until CITY has conducted and completed an environmental review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel this project. Further, SUBRECIPIENT will not undertake or commit any funds for the project prior to the environmental clearance. E. F. G. H. 12. MAINTENANCE OF RECORDS SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete dis- closure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit A and Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. SUBRECIPIENT’s expenditures of funds made under this Agreement will conform to (2 CFR §200) Uniform Administrative Requirements Cost Principles, and Audit Require- ments for Federal Awards as they pertain to costs incurred, audits, program income, administration, and other activities and functions. SUBRECIPIENT’s record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to Page 7 of 37 A. DocuSign Envelope ID: 459DCB15-CCEOd18B3-B815-09797E4AE930 DowSlgn Envelope ID: 64EAF09AC458499F.915E429BB385FBAO relieve SUBRECIPIENT ofBscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENF shall include the substance of this provision in all subcontracts. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years after the termination of all activities funded under this agreement. Nothing in the above subsections shall be construed to relieve SUBRECIPIENF of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agree-ment At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make availab]e to CITY or any of their authorized representatives, all of its records and shall permit CITY or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and all other data requested by said representatives. B. C. D. 13. DIRECTORS’ MEETINGS During the term of this Agreement, SUBRECTPIENF shall cause to be delivered to CIFY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a time]y manner to give adequate notice and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and Brea that CFFY representatives shall be afforded access to all of the Board of Directors’ meetings. Minutes of all meetings ofSUBRECTPIENT's governing body shall be available to CITY within ten days after Board approval. 14. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are com- plete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECTPTEbfF. C. No litigation or legal proceedings are presently pending or threatened against the SUBRECTPIENF. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECTPTENT is subject to any lien or encumbrance of any character, except for current taxes not delinquenl except as shown in the financial statements furnished by SUBRECIPIENT toCITY G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 15. COVENANFS A. DurIng the perIod of time that payment may be made hereunder and so long as any payments remain unliqui- dated SUBRECIPIENT shall not, without the prior written consent of the Director of Community Services or their authorized representative: Page 8 of 37 DocuSign Envelope ID: 459DCB15-CCE0-48B3-B815-09797E4AE930 DocuSign Envelope ID: 8+EAF09A445&498F.915E<)29BB385FBAO (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECTPTENr now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUBRECIPTEbFF which are allocated to dre performarce of dis Ag€ement and with respect to which CITY has ownership hereunder. (2) Sell, ©sign, pledge, uansfer, or otherwise dispose of accounts nceivables, notes, or claims for money dueor to become due. (3) Sell, convey, or lease all or a substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to SUBRECTPTENF by CITY, unless CITY authorizes such transfer in writing. SUBRECTPTENF agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. B. 16. INSURANCE SUBRECTPTENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for the services provided pursuant to this Agreement. The premises on and in which the services and activities described in Exhibit A are conducted, and the em- ployees conducting these services and activities, shall be covered by premise liability insurance, commonly referred to as “Owner/Fenant” coverage, with CITY named as an additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. SUBRECTPiENr will comply with applicable workers’ compensation statues and will obtain employers’ Iia- bility coverage where available and other appropriate liability coverage for program participants, if applicable. SUBRECIPIENT will maintain adequate and continuous liability insurance on an vehicles owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver’s license and automobile liability insurance. Evidence of the employee’s current possession of a valid license and insurance must bemaintained on a current basis in SUBRECIPIEIVF’s files. Actual losses not covered by insurance as required by this Section are not allowable or eligible costs under this Agreement and remain the sole ruponsibility of SUBRECIPIENT. The policy or policies of insurance shall contain a clause which requires that CTU and SUBRECTPTEVF be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancel- lation A. B. C. D. E. F. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY SUBRECIPTENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECTPiENr shall not discriminate against any employee or applicant for employ- ment because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will take aflirmative action to ensure that all employment practices are hee Bom such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT shall not discriminate against any person in the selection of beneficiaries or provision of services under this Agreement because of race, color, religion, sex, national origin, age, familial status, or disability in connection with this Contract. Determinations of eligibility for this program must be made with- out regard to actual or perceived sexual orientation, gender identity, or marital status. A. B. Page 9 of 37 DocuSign Envelope ID: 459DCB15-CCEOz18B3-B815-09797E4AE930 EXx:uSlgn Envelope ID: 84EAF09A£456+88F.815E+i29BB385FBA0 C.SUBRECIPIENT agrees to comply with Title Vl of the Civil Rights Act of 19 Gl as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 1(A(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1 973, the Amer- icans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 1 1063 and Execu- ave Order 11246 as amended by Executive Orders 1 1375 and 12086. SUBRECTPTEVF shall comply with the Violence Against Women Act, as amended, and HUD’s implement- ing regulation at 24 CFR Part 5, Subpart L, and HOME-ARP program regulations. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Fed- eral rules and regulations. In the event of SUBRECTPIENT’s non-cornpliance with the nondiscrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. D. E. F. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECTPIENF and shall be available for examination. Such person. ncl policies shan: A. Include policies with respect to employment, salary and wage rates, working hours and holidays, fringe ben- efits, vacation and sick leave privileges, and travel; B. Be in writing; and C. Be approved by the governing body of SUBRECIPIENT. 19. CONFLICT OF UVTEREST SUBRECIPI ENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degrn with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. SUBRECTPTENr further covenants that no member of its governing body or its staff, subcontractors, or em- ployees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others, particularly those with which he/she has fami]y, business, or other ties. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall partic- ipate h any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. A. B. C. 20. NEPOTISM SUBRECWIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT or is a member of SUBRECIPIENT's governing bond. The term “member of immediate family” includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister. 21. POLITICAL OR SECTARIAN ACTrVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel who may be employed by the SUBRE(-lPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent en- gaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. Page 10 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 Dowggn Envelope ID: 64EAF09A-C456499F.915E4129BB385FBA0 B. C. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the admin. istration of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism activities. The SUBRECIPIENT agrees that none of the funds or services provided dirwtly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECTPTENF connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not during the term of this Agreement: ( 1) Use their ofFicial position or influence to affect the outcome of an election or nomination; (2) Solicit contributions for political purposes; or (3) Take an active part in political management or in political campaigns. SUBRECIPTEIVF hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit C and if necessary, the Disclosure of Lobbying Activities provided by the CITY. D. 22. PUBLICITY Where such action is appropriate, SUBRECIPTENF shall publicize the activities conducted by SUBRECTPTEbFF under this Agreement that the U.S. Department of Treasury American Rescue Plan Act fUnding through the City of Denton has contributed to make the project possible. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not origina]]y developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the manNa] is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the CIIP of Denton's American Rescue Plan Act Grant Pro©am, with funding receivedfrom the United States Department of Housing and Urban Development. AH reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related materia] submitted by SUBRECIPIENT shall become the property of CITY upon receipt. A. B. C. D. 23. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total mon- etarY obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. The CitY Manager or designate may authorize minor amendments to the approved Scope of Work in Exhibit A or Budget in Exhibit B as necessary to carry out the intent of this Agreement, in a manner consistent with the efficient use of public funds, and in accordance with Federal Law. Such minor amendments may not increase the overall funding set forth in Exhibit B, extend the term, or otherwise alter the performance obli- gations ofSUBRECIPIENT, without approval of the City Council. It is understood and a©wd bY the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modi6cations are to be automatically A. B. C. D. Page 11 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DowSlgn Envelope ID: 64EAF09A<;456498F-915Et>29BB385FBAO incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement on the effective date specified by the law or regulation. CTW may, from time to time during the term of the Agreement, request changes to the Agreement, which may include an increase or decrease in the amount of SUBRECIPIENT's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. SUBRECTPTEVF agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder not the transfer of funds between or among said programs will be permitted. E. F. G. H. 24. SUSPENSION OF FUNDBfG Upon determination by CITY of SUBRECIPIENT’s failure to timely and properly perform ach of the require- ments, time conditions, and duties provided herein, CFW, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPTEM, withhold further payments to SUBRECTPIWF. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENF. The notice shall set forth the default or failure alleged, and the action wquind for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECTPIENF may be rntored to fUll compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this Section: (1) SUBRECTPTENF’s failure to attain compliance during any prescribed period of suspension as provided in Section 24. (2) SUBRECIPIENT’s failure to matedalbr comply with any of the terms of this Agreement. (3) SUBRECIPIENT’s violation of covenants, agreements, or guarantees of this Agreement. (4) Termination or reduction of funding by the CFFY or US Department of Treasury. (5) Finding by CITY that the SUBRECIPTENT: a. is in such unsatisfactory financial condition as to endanger performance under this Agreement; A. or b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; or c. is delinquent in payment of taxes or of costs of performance of this Agreernent in the ordinary course of business. (6) Appointment of a trustee, receiver, or liquidator for all or substantial part of SUBRECIPIENT’s property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or againstSUBRECIPIENT. (7) SUBRECUIENT’s inability to conform to changes required by Federal, State, and local laws or regula- dons as provided in Section 5, and Section 2, of this Agreement. (8) The commission of an act of bankruptcy. (9) SUBRECTPTENr’s violation of any law or regulation to which SUBRECIPTEIVF is bound or shall be bound under the terms of the Agreement. Page 12 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSign Envelope ID: O+EAF09A-CH56499F-915E+)29BB385FBAO B. C. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the efFective date of termination. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination, subject to the requirements of Section 7 and Exhibit B. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services ofSUBRECTPIWF covered by the Agreement, less payments previously made SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECTPTEbFF may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPTENT may terminate this Agreement upon the dissolution of SUBRECIPIEM’s organization not oacasioned by a breach of this Agreement. Upon receipt of notice to terminate, SUBRECTPTEIVF shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontract$ which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPTENF or SUBRECTPTEVF’s contractors, subContTactors or creditors for any expenses, encumbrance$ or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this Section. SUBRECIPIENT shall, within 30 days of notice of termination by any party, provide CITY a full accounting of all expenditures not previously audited by the City and that have occurred since the last required reporting period. SUBRECIPIEIVF shall return any unused funds, or funds determined to be ineligible or used improp- erly within 15 days of termination date. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECTPTEVF, and CITY may withhold any reimbursement to SUBECIPIEVF until such time as the exact amount of damages due to CITY from SUBRECIPTENF is agreed upon or otherwise determined. D. E. F. G. 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit, or other action or proceeding is made or brought by any person(s), firm, corWration, or other entity against SUBRECIPTENT, SUBRECIPIEIVF shall give written notice thereof to CITY within five working days after being notified of such claim, demand, suit, or other action or proceeding. Such notice shall state the date and hour of notification of any such claim, demand, suit, or other action or proceeding; the names and addresses of the person(s), firm, corporation, or other entity making such claim, or demand, or that instituted or threatened to institute any type of suit, or other action or proceeding; the basis of such claim, demand, suit or other action, or proceeding; and the name of any person(s) against whom such c]aim, demand, suit, or other action or proceeding is being made or threatened. Such written notice shall be delivered either personally or by mail postage paid in accordance with the provisions of Section 29.1. 27+ INDEMNIFICATIONA. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BOTH PARTIES HERETO TIMT CITY IS CONTRACTING WITH SUBRECIPIENT AS AN INDEPENDENT CONTRACTOR AND THAT AS SUCH, SUBRECTPrEtW SHALL SAVE AND HOLD CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AGENTS, EMPLOYEES, AND CONTRACTORS HARMLESS FROM ALLLIABILITY OF ANY NATURE OR KIND, INCLUDING COSTS AND EXPENSES FOR OR ON Page 13 of 37 DocuSign Envelope ID: 459DCB15-CCE0-48B3-B815-09797E4AE930 DowSign Envelope ID: 64EAF09A<;456-+99F-915E4)29BB385FBA0 ACCOUNT OF, ANY CLAIMS, AUDIT EXCErrioNS, DEMANDS, SUITS, OR DAMAGES OF ANYKrND OR CHARACTER WHATSOEVER RESULTING IN WHOLE OR TN PART FROM THE PERFORMANCE, Acr OR OMISSION OF ANY EMPLOYEE, AGENr, CONTRACTOR,SUBCONTRACTOR, OR REPRESENTATIVE OF SUBRECIP IENT. SUBRECIPIENT AGREES TO PROVIDE THE DEFENSE FOR, AND TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS. ELECTED AND APPOr}frED OFFICIALS, AGENTS,EMPLOYEES, AND CONTRACTORS FROM ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTiON, DEMANDS, DAMAGES, LOSSES, ATTORNEY FEES, EXPENSES, AND LIABILITY ARISING OUTOF THE USE OF THESE CONTRACTED FUNDS AND PROGRAM ADMINISTRATION AND IMPLEMENTATION EXCEPT TO THE EXTENT CAUSED BY THE WILLFUL ACT OR OMISSION OF crrY, ITS AGENTS, EMPLOYEES, OR CONTRACTORS. B. 28. NON-RELIGIOUS ACTIVITIES As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activities supported by CITY funding including programs that make funds available through contracts, grants, or coopenrtive agreements. SUBRECIPIENT is prohibited from discriminating against beneficiaries in providing services or canying out activities with such assistance based on religion, a religious belief. a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice, while also noting that organizations that participate in programs only funded by indirect CITY or Federal financial assistance need not modify their program or activities to accommodate beneficiaries who choose to expend the indirect aid on those SUBRECIPIENT organizations’ programs. Faith based organizations that carTy out programs or activities with direct Federal financial assistance from HUD are required to provide written notice of certain protections to beneficiaries and prospective benenciar- ies. Specifically, such organizations are required to give notice to benefIciaries that: I. The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious A. B. practice; The organization may not require a beneficiary to attend or participate in any explicitly religious activities that are ofFered by the organization, and any participation by the beneficiary in such activities must be purely voluntary; and The organi7ntion must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; and If a beneficiary objects to the religious character of the organization, the organization must undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; A beneficiary or prospective beneficiary may report an organization's violation of these protections, in- cluding any denials of services or benefits by an organization, by contacting or filing a written complaint to HUD or the intermediary administering the program, if applicable. Faith-based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the event of an emergency or exigent circumstances that make it impracticable to provide the written notice in advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current beneficiaries must receive the notice at the earliest available opportunity. Faith-based organizations that carry out a program or activity with direct Federal financial assistance from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the religious character of the organization, and to refer the beneficiary 2. 3. 4. 5. 6. 7. Page 14 of 37 DocuSign Envelope ID: 459DCB15-CCE0-48B3-B815-09797E4AE930 tkx:uSign Envelope ID: 8+EAF09A<>456499F-915E+)29BB385FBA0 or prospective beneficiary to an altemative provider to which the beneficiary or prospective beneficiary has no such objection. 29. MISCELLANEOUS SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the prior written approval of CITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions sha]I remain in full force and effect and continue to conform to the original intent of both parties hereto. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by SUBRECTPTENT shall become the property of CRY upon receipt. Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM), which lists the debaned, suspended, or otherwise excluded from or ineligible for participation in federal as. sistance programs under Executive Order 12549 and 24 CFR Part 24. In no event shall any payment to SUBRECTPIEVF hereunder, or any other act or fai]ure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be com- mined by SUBRECTPTENF. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CFW to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. This Agreement, together with the referenced EXHTBITS, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoeveB nor shall an agreement, asser- tion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and ifappropri- ate, recorded as an amendment of this Agreement. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY as the party ultimately responsible to U.S. DEPARTMENT OF Treasury for matters of compliance, will have the final authority to render or to secure an interpretation. SUBRECIPIENT acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, SUBRECIPIENT certifies that SUBRECIPIENT’s signature provides written verification to the CITY that SUBRECIPIENT: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Sections 2252 and 2270 of the Texas Government Code restdcts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, SUBRECIPIENT certifies that SUBRECIPIENT’s signature provides written verification to the CITY that SUBRECIPIENT, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become ineli- gible to receive paWents under this agreement by doing business with han, Sudan, or a foreign terrorist A. B. C. D. E. F. G. H. 1. Page 15 of 37 DocuSign Envelope ID: 459DCB15-CCEOJj8B3-B815-09797E4AE930 IX>ouSlgn Envelope ID: 64EAF09A£45&499F-915E4329BB385FBAO organization. Failure to meet or maintain the requirements under this provision will be considered a material breach J. SUBRECTPTEIVT acknowledges that in accordance with Chapter 2274 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contain written verification from the company that it ( 1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of the Texas Govemment Code. By signing this agnemenl SUBRECIPI£NT certifies that SUBRECIPIENT’s signature provides written verification to the CITY that SUBRECIPI ENT: (1 ) does not boycott energy companies; and (2) will not boycott energy comp& nies during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. K. SUBRECTPTENF acknowledges that in accordance with Chapter 2274 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contlact against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” 'lirearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, SUBRECTPTWF certifies that SUBRECTPTENF’s signature provides written verification to the CFFY that SUBRECTPTENF: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the conUact against a firearm entity or fIrearm trade association. Failure to meet or maintain the requirements under this provisionwill be considered a material breach. L. The City of Denton may terminate this Contract immediately without any fUrther liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and SUBRECIPIENT is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or control]ed by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly control]ed by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country M. TfSUBRECIPTEVF provides services to the homeless it is required to: a. Report homeless data to the Homeless Management Information System (HMTS). HMTS is a county- wide data management tool designed to facilitate data collection in order to improve human service delivery throughout Denton County. Participation in mls is a requirement per this Agreement. Data entered into HMIS will help our community improve services to individuals experiencing home- lessness by providing accurate information on the extent and nature of homelessness in our comrnu- niv and by accounting for our success in helping people move out of homelessness. Participation is also critical to help CITY and Denton County successfully compete for grants for federal funding, such as the U.S. Department of Housing and Urban Development’s homeless assistance funds Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s). The Denton County Homeless Leadership Team is a collaborative, cross-sector team that convenes to improve the planning, coordination, oversighl and implementation required to createsystems change for housing/homelessness initiatives in Denton County. Further, the SUBRECTPiENr is encouraged to work in partnership with fellow service providers to improve ef- ficiency and effectiveness. b Page 16 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSign Envelope ID: 64EAF09A£45&499F'915E+i298B385FBAO N. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if delivered by courier or overnight mail service or if sent U.S. Mail postage paid, in each case to the parties and addresses set forth below: TO CITY: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 TO SUBRECIPIENT: Our Daily Bread, Inc.Attn: Executive Director/CEO/Commander 909 N Loop 288 Denton, Texas 76209 w/ a copy to: City Attorney 215 E. McKinney Denton, TX 76201 J. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any lid- gation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas. [Signature page follows] Page 17 of 37 DocuSign Envelope ID: 459DCB15-CCE02t8B3-B815-09797E4AE930 DowSign Envelope ID: 64EAF09A£456499F-915E4)29BB385FBA0 IN WITNESS OF WHICH this Agreement has been executed as of the Apri 1 , 2023. 4 day of CITY OF DENTON:OUR DAILY BREAD, INC.: DocuSigned by: S+K Hu.,IqWWE CITY MANAGER TITLE. Executive Di tectot ATTEST:ATTEST: Isla J. SI SECRETARY CITY SECRETARY APPROVED AS TO LEGAL FORM: SdK%Digitally signed by Scott BrayDate: 2023.03.27 17:42:35 .OS'OO'BY: MACK REINWAND,CITY ATrORNEY THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVEDas to financial and operational obligations and business terms WII; Director of Community Services Title Community Services Department Date Signed: 3/28/2023 Page 18 of 37 DacuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSlgn Envelope ID: &+EAF09A<H5&499F-915E4129BB3B5FBA0 Exhibit A Scope of Services SECTION I – PROJECT PURPOSE SUBRECIPIENT assists the City of Denton to meet the public health and economic needs of those impacted by the pandemic, as outlined in the HOME Investment Partnership Grant American Rescue Plan (HOME-ARP) En- titlement fUnds from the U.S. Department of Housing and Urban Development, herein referred to as "WD," under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; SECTION H - PROJECT DESCRIPTION AND DELIVERY HOME-ARP funds shall be used to provide tenant-based rental assistance (“HOME-ARP TBR A”) and a broad range of supportive services to individuals and familiu that meet one of the Qualifying Populations defined in the CPD Notice: Requirementsfor the Use of Funds in the HOME-American Rescue Plan Program (“the Notice”). Subject to compliance with requirements ofNotice: CPD-21-10 Requirements for the Use of Funds in the HOME. American Rescue Plan Program. In addition to all other terms, provisions, and requirements of this Agreement, SUBRECTPTENF shall provide the activities and services in accordance with this Scope of Work and the City of Denton HOME-ARP Program Guide- lines: Tenant-Based Rental Assistance & Supportive Services attached hereto in Exhibit D. SUBRECIPTEVF shall provide eligible HOME.ARP Tenant Based Rental households including: • Rental Assistance • Security Deposit Assistance • Utility Payments, And Assistance on behalf of qualified SUBRECTPTENF shall provide eligible HOME-ARP Supportive Services on behalf of qualified households in- cluding: • Rental application fees (Fee charged to all applicants) • Moving Costs (One-time expense for moving truck, hiring moving company, and 3 months temporary storage for fees accrued after the date the program participant begins receiving services) • Rental Arrears (One-time payment for up to 6 months in arrears) • Case Management For each qualifying household, SUBRECIPIENT shall make payments of HOME-ARP Tenant Based Rental As- sistance directly to the property owner on behalf of the qualifying household. Each HOME-ARP TBR A-assisted household has the right to continued HOME-ARP TBRA assistance if the household moves to a different unit and continues to qualify for assistance. SUBRECIPIENT shall verify ownership of each potential HOME-ARP TBRA-assisted unit by obtaining a recorded deed or other title instrument or certificate from the property owner that evidences the property owner’s fee simple ownership of the unit. Qualified Households ARP requires that funds be used to primarily benefit individuals and families in the following specified “qualify- ing populations.” Any individual or family who meets the criteria for these populations is eligible to receive assistance or services funded through HOME-ARP without meeting additional criteria (e.g., additional income Page 19 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSign Envelope ID; 64EAF09A£45&499F-915E4)29BB385FBA0 criteria). All income calculations to meet income criteria of a qualifying population or required for income deter- minations in HOME-ARP eligible activities must use the annual income definition in 24 CFR 5.609 in accordance with the requirements of 24 CFR 92.203(a)( 1 ). HOME-ARP TBRA funds must be used to primarily benefit individuals or families from the following qualifying populations: I. Homeless. as defined in section 103(a) of the McKinney-Vento Ttomeless Assistance Act (42 U.S.C. 11 302(a)); 2. At-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 1 1360(1)); 3. Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or hu- man trafficking, as defined by the HUD; 4. In Other Populations where providing supportive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability. Vetcrans and families that include a veteran family membcr that meet one of the preceding criteria. The City of Denton has established a preference for households that meet the criteria for Qualifying Population 1, people experiencing literal homelessness. SUBRECIPIENT shall select qualifying households for the program from a waiting list established solely for qualifying households for this program pursuant to the HOME-ARP TBR A Guidelines in Exhibit D or from referrals for the program from the City’s Housing Crisis Response System. Lease requirements SUBRECTPIENT shall verify that each household that will receive HOME-ARP Tenant Based Rental Assis- tance will have an executed lease with the property owner with a term of at least one year and which complies with the requirements of this Agreement. SUBRECIPIENT shall not be eligible for reimbursement for HOME- ARP Tenant Based Rental Assistance relating to a particular lease unless it has reviewed and approved the lease and has provided a copy of the lease to the City in advance of providing any assistance. The lease may not contain any of the prohibited lease terms specified in 24 CFR 92.253(b). The lease may not permit the property owner to terminate the tenancy or refuse to renew the lease of a tenant of a HOME-ARP unit except for serious or repeated violation of the terms of the lease; for violation of app Ii- cable Federal State, or local laws; or for other good cause. Rent Standards Rent amounts for each HOME ARP TBRA-assisted rental unit must comply with the rent limits set forth in the HOME-ARP TBRA Guidelines in Exhibit D. Housing Quality Standards HOME-ARP TBR A-assisted rental units must be maintained in compliance with the housing quality standards required by 24 CFR 982.401, as well as any City property standards and all applicable accessibility standards. SUBRECIPIENT shall inspect housing to be occupied by a household receiving HOME-ARP Tenant Based Rental Assistance to verify that it complies with the requirements of this section. Termination of HOME-Ain Tenant Based Rental Assistance to a Qualifying Household Page 20 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DowSign Envelope ID: 64EAF09A-C456499F-915E4)29BB385FBA0 If a qualifying household is absent from a HOME-ARP TBRA-assisted rental unit for more than 60 consecutive days, SUBRECTPIENT may, after providing written notice of the qualifying household’s absence to the City’s director of community development, terminate its provision of HOME-ARP Tenant Based Rental Assistance to that household. SECTION II - PROJECT MILESTONES MILESTONE ANTICIPATED START DATE May 1, 2023 ANTICIPATEDDEADLINE April 30, 2026TBRASUPPORTIVE SERVICES DATE 50% OF FUNDS EXPENDED 1 00% OF FUNDS EXPENDED mT October 1, 2024 April 30, 2026 SECTION III - OUTCOMES Tracking Outcome measures will be a tool by which the City and the SUBRECIPIENI’ can measure services delivered and performances under this agreement. SUBRECIPI ENT provides benefits to the citizens of the City of Denton through these outcomes: • 15 households will be assisted with Tenant Based Rental Assistance per year. • 15 households will be assisted with Supportive Services per yew. Page 21 of 37 DocuSign Envelope ID: 459DCB15-CCE0'+8B3-B815-09797E4AE930 [Xx:uSlgn Envelope ID: 64EAF09A£4S6489F-915E4129BB385FBN) Erhibit B Budget SUBRECIPIENT shall provide the services listed in this Agreement within the monetary limits attached hereto and incorporated by nfermce herein. In no event shall compensation to the SUBRECIPIENT exceed the lesser of the SUBRECIPTWF’s costs attributable to the work performed as stated herein, or sum of Eight Hundred Fifty-Six Thousand Eight Hundred Eleven Dollars (5856,8 1 1.00). Allowable Expenditure Tenant Based Rental Assistance (TBRA)?Mr 3 years) Rental Assistance (Up to 12 months over 24 months) Security Deposit (Maximum two (2) times monthly contract rent Utility Payment Assistance (Up to 12 months over 24 months) Supportive Services (Over 3 years) Rental application fees (Fee charged to all applicants) Moving Costs (One-time expense for moving truck, hiring moving company,@Bl months temporary storage for fees accrued after the date the program participant begins receiving services) Rental Arrears (One-time payment for up to 6 months in arrears) Case Management (StaffSalaly) Total (over 3 years) Amount 8 SUBRECIPIENT will receive payments on the following schedule: Funds are disbursed on a reimbursement basis through claims submitted to the City. Sub-recipients must submit requests for reimbursement to the City monthly. Required Request for Reimbursement documentation (submitted via Neighborly): 0 Verification of Qualifying Household Request for Unit Approval Rent Reasonableness and Minimum Habitability Standards Checklist documentation Rental Agreement between Agency, Tenant, and Landlord For rental assistance - Copy of the Signed Executed Lease at first request (monthly rent, deposit, arrears) Proof of Payment Beneficiary Report Data 0 0 0 0 00 Page 22 of 37 DocuSign Envelope ID: 459DCB15-CCEOz18B3-B815-09797E4AE930 DowSign Envel qe ID: 2AD8EOC7<3F58+29A.AA104DAB2B837AFF Exhibit C Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid by or on behalf ofthe undersigned, 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 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. 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 em- play@ of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this Certification be included in the award documents for all suk>awards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooper- ative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. (2) (3) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $1 0,000 and not more than $100,000 for each such failure. Our Daily Bread, Inc. Grantee Executive Di rector Signature Title 4/5/2023 Date Page 23 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSign Envelope ID: 64EAF09A<>456499F-915E4329BB385FBA0 Exhibit D City of Denton HOME-ARP Program Guidelines: Tenant-Based Rental Assistance & Supportive Services Table of Contents Overview .__..__.._.______._.____..__........._.___-.____._.__._.._.--.-.----.---...---.-.--.----.-.----..-- 19 Qualifying Populations .....__....__._._.._.__.._._.___.._.__._.._.._..__.._._.__._.._._....-.-.--...---.-.--.-.---.- 26Homeless ................................................................................................................................................... 261 At-risk of homelessness ........_....__._....__._._._.._.._..__._..._.._..__...._._.._.._._.__...---.-.-.--..-... 26 3. Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking ...._._....___.___._...._.__.___._.._._.____._.-.._.._._.....__._...._.-.----.-....--.-..-.-....--....---.. 265. Veterans and famIlies................................................................................................................................26 Supportive Services ........................................................................................................................................-..-... 26 Eligibility ....._._..._._._._..._.._...._._...._....._.__._...._._._..._._._.._._....._.....__._........-.........--....-.-..--..---- 26 • Part 5 Definition of Annual Income........................................................................................................... 26 2. •Income Eligibility ......__..__....._...._._._...._.._.._._.__.._...._..._..___......_..._..-..........--.----.-...-..-.- 26 •Annual Recertification............................................................................................................................... 27 Use of a Project/Activity Waiting List.................................................................................................................... 27 Eligible Costs HOME-ARP TBRA ............................................................................................................................. 27 • Rental Assistance .........__.........._....._._._..„....._..__....__._._.____....._.-....._......-..-.-.--..-.--..-.-.- 27 •Rent Limits................................................................................................................................................. 27 •Rent Limit for Low-Income Households.................................................................................................... 27 •Rent Security Deposit Assistance .............................................................................................................. 28 • Utility Deposit Assistance.........................................................................-................................................ 28 Eligible Services and Costs for HOME-ARP Supportive Services ...._..-.-.-....-....--.---.....-.-...------.....-.--. 28 o Homelessness Prevention Services ..._._.._.____.__.............._._.........._..._._._......_._.._.--..-.-.-.-.-... 28 •Eligible Costs of Supportive Services for Qualifying Individuals and Families ......._._._.............-....-...-. 28 Eligible Costs Associated with ...._..___._._.._____.__.._._._...._._......._..._...._......._._._._._.--.-..--.-. 28• 29 •Agency must establish requirements documenting an eligible cost as McKinney-Vento supportive services ,........_..._.._..__....__. 29 TBRA Ineligible Activities ....................................................................................................................................... 29 Supportive Services Ineligible Activities................................................................................................................ 30 Project Requirements: _........_..._._._.__..._......__._.........._..._..._._...-.--..-......-.............-.......-...-..-..--.--. 30 •Portability of Assistance ...._._._....__._........._...._....................-....-.-......-..._...-.-....-.---.-..-.......-... 30 •Term of Rental Assistance Contract .............__......._............._._.-............-.............-....-.........-.....-.--. 30 •Maximum Subsidy ..................................................................................................................................... 30Rent Reasonableness .._._.____._..._._...._._...._._._..._....._._......-_....................-.......-.-.-.-..--....--. 30 Housing Quality Standards ........................................................................................................................ 30 • • •Lead Based Paint Visual Assessment......................................................................................................... 31 Use of a HOME-ARP Sponsor .........._._._._........._._.............._..._._........__.Error! Bookmark not defined. Fair Housing............................................................................................................................................... 31 • • • Violence against Women Reauthorization Act of 2013 ..............._...._......_.........-.-..--..--.-........-....- 32 Oversight and Management ....._...._._..__...._.........................-.-............-..........-...................-....-..-..-.......-. 34 • Rental Assistance Contract........................................................................................................................ 34 @ Rental Lease and Sublease .........._.._._.............._.......................-.............-..........-.-....-.-.-.......-.-.-... 34 Oversight of Eligible Costs ..............................................................................................,.......................... 34 Affirmative marketing and MBE/WBE records .....__......._........._..................................-.-..................... 34 • • Page 24 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DoalSign Envelope ID: 64EAF09A<;45&499F.915E<)29BB385FBA0 • ConfidentIalitY Requirements ........___..._._.____...____._„..._._.__._..__.____.___._.__...__...._._._.. 35• Corrective and Remedial Actions ...........„.___._.__._.._...............____._._..__..._..._._._....___.._..__„. 35 • No Duplication of Services ....__.___._„.__._._____._._..__.„.._..______._.Errorl Bookmark not defIned. • Termination of AssIstance ......................................................................................................................... 36 • Sanctions: The requirements at 24 CFR 92.552 apply to HOME-ARP funds, except that the provision at 24 CFR 92.552(a){2)(Iv) related to faIlure to comply with matching contrIbution requIrements shall not apply. .............................................................................................................Errorl Bookmark not defined.TBRA Environmental Clearance ......__....___._._.__.__...__.__._.._._._.____.__._...____..__...____._____.___ 36 Monthly Request for ReImbursement ...„._.....___.___.__..__............_._._.._..._....._._...__._._.__.__.......___ 36Records and Document Retention ______...___......_.___.____..._.._.__._.____.._._.._._..._._._.._..__._.._.__. 37 Monitoring „...._.__._.___._____.._.„_....._..__.._____.,.„___.___._._._.______.„_...._..._____._____.__.__ 37 Close Out ............................................................................................................................................................... 37 An amended Administration Manual will be released periodically, and the newest edition overrides all previous editions. Except where otherwise noted, aU amendments to the Administration Manual apply to an awards, regardless of year offwlding. Page 25 of 37 DocuSign Envelope ID: 459DCB15-CCE0-+8B3-B815-09797E4AE930 DoouSign Envelope ID: 64EAF09A<;456499F-915E4)29BB385FBA0 Overview HOME-ARP funds provide tenant-based rental assistance (“HOME- ARP TBRA”) and a broad range of supportive services to individuals and families that meet one of the Qualifying Populations defined inthe CPD Notice: Requirements for the Use of Funds in the HOME-American Rescue Plan Program (“the Notice”). Subject to compliance with requirements of Notice: CPD-2 1-10 Requirements for the Use of Funds in the HOME-American Rescue Plan Program. Qualifying Populations ARP requires that funds be used to primarily benefit individuals and families in the following specified “qualifying populations.” Any individual or family who meets the criteria for these populations is eligi- ble to receive assistance or services funded through HOME-ARP without meeting additional criteria (e.g., additional income criteria). All income calculations to meet income criteria of a qualifying popu- lation or required for income determinations in HOME-ARP eligible activities must use the annual in- come definition in 24 CFR 5.609 in accordance with the requirements of 24 CFR 92.203(a)(1). HOME-ARP TBRA funds must be used to primarily benefit individuals or families from the following qualifying populations: Homeless, as dellned in section 1 03(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)): 2.At-risk of homelessness, as defined in section 401(1 ) of the McKinney-Vento Homeless Assis-tance Act (42 U.S.C. 1 ] 360( 1 )); 3.Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or hu- man trafficking, as defined by the HUD; 4.In Other Populations where providing supportive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability. Veterans and families that include a veteran family member that meet one of the preceding criteria. The City of Denton has established a preference for households that meet the criteria for Qualifying Population 1, people experiencing literal homelessness. Supportive Services Supportive services may be provided to individuals and families who meet the definition of a quali- fying population under Section IV. A of the Notice and who are not already receiving these services through another program. Program participants in other 1-10ME-ARP activities are eligible for suP- portive services under the Notice in accordance with these policies and procedures. These policies and procedures identify the length of time that program participants may be served by HOME- ARPTB&h and/or HOME ARP rental housing before they will no longer be eligible as a qualifying pop- ulation for purposes of this section. Eligibility, Part 5 DefinitIon of Annual Income (commonly known as the “Section 8 definition”) will be used for determining annual income. The annual income definition is found at 24 CFR Part 5.609. The Part 5 definition of annual income is the gross amount of income of all adult household members that is anticipated to be received during the coming 1 2-month period. •Income Eligibility.' Households must have a gross annual income that does not exceed 60% of the city’s area median income (AMI). as published annually by HUD and nlcascd by the City. to be eligible for enrollment in the HOME-ARP 'I-BRA Program. For continued eligibility, households Page 26 of 37 DocuSign Envelope ID: 459DCB15-CCE0-48B3-B815-09797E4AE930 DocuSign Envelope ID: @tEAF08A.C%56499F.915E+329BB385FBA0 must have a gross annual income that does not exceed 80% of the city’s AMT at the annual recer-tification. •Annual Recerdncation.' The sub-recipient must re-examine the incomes of all program participants annually using source documentation. The sub-recipient must re-evaluate household income, size, and composition and adjust the amount of rental assistance according to the circumstances in effect at the time ofrecertification. If a household’s income exceeds the HOME low-income limit (80% AMI) at reexamination, the household is no longer eligible for the HOME-ARP TBRA program. The TBRA assistance must be terminated after the sub-recipient gives notice of at least 30 days to the tenant and the landlord. While the rental assistance payments will end at that time, the house-hold’s lease cannot be terminated for an increase in income. Use of a Project/Activity Waiting List • The Agency may establish a waiting list for each HOME-ARP project or activity. All qualifying individuals or families must have access to apply for placement on the waiting list for an activity or project. Qualifying individuals or families on a waiting list must be accepted in accordance with the Agency’s preferences, if any, consistent with this Notice or, if the Agency did not establish preferences, in chronological order, insofar as practicable. Eligible Costs HOME-ARP TBRA HOME-ARP TBRA funds may be used to provide rental assistance, security deposit assistance, utility deposits, and utility payments to qualifying households. HOME-ARP may pay up to 100% of thesecosts for a qualifying household. •Rental Assistance.' Rental assistance payments may be made on behalf of qualified households for not more than 24 months during any three (3) year period. o The amount of the monthly assistance may not exceed the difference between the established payment standard for the unit size and 30 percent of the househoId's monthly adjusted income. o Payments must be paid directly to a third-party on behalf of the household. o Costs of inspecting the housing and determining income eligibility and assistance level areeligible for reimbursement as either administrative or rental assistance costs. • e Rent Limits: The HOME American Rescue Plan Program (HOME-ARP) uses the same rent limits as the HOME Program. HUD will update rent limits annually. Rent Limit for Low-Income Households: For any HOME.ARP units occupied by "low-income households," the rent must comply with the rent limitations in CFR Part 92.252(a). The maximumrents are the lesser oe 0 0 The fair market rent (FMR) for existing housing for comparable units in the area as establishedby HUD under 24 CFR 888.111; or A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as detumined by HUD, with adjustmentsfor number of bedrooms in the unit. The HOME-ARP rent limits provided by HUD will in- elude average occupancy per unit and adjusted income assumptions. This is also known as thehigh HOME rent limit. Notwithstanding the foregoing, when a household receives a form of federal tenant-based rental assistance (e.g., housing choice vouchers), the rent is the rent permissible under the applicable rental assistance program (i.e., the tenant rental contribution plus the rent subsidyallowable under the rental assistance program). 0 Page 27 of 37 DocuSign Envelope ID: 459DCB15-CCEOJ+8B3'B815-09797E4AE930 DowSign Envelope ID: 64EAF09A.C456499F-915E{)29BB385FBAO 0 The rent limits for low-income households apply to the rent plus the utility allowance estab-lished pursuant to Section VI.B.13.d of the HOME-ARP Notice. •Rent Security Deposit Assistance: in accordance with 24 CFR 92.209 G), the amount of HOME funds provided for a security deposit may not exceed the equivalent of two month’s rent for theunit Security deposits must be paid directly to a third-party on behalf of the household. Any portion of the security deposit which is returned at the end of the lease must be returned to thetenant • utility Deposit Assistance: Utility deposit assistance may be provided as an eligible program activ- ity only in conjunction with security deposits and/or rental assistance. Utility deposit assistance may only be applied to the utilities described in the Denton Housing Au-thority Utility Allowance schedule. Eligible Services and Costs for HOME-ARP Supportive Services HOME-ARP Supportive Services funds may be used to provide a broad range of supportive servicesto qualifying individuals or families as a separate activity or in combination with other HOME-ARP activities. Supportive services include: a) services listed in section 401(29) of the McKinney-VentoHomeless Assistance Act (“McKinney-Vento Supportive Services”)1 (42 U.S.C. 11360(29)); b) homelessness prevention services, as described in the Notice Section VI.D.3. and D.4; and c) housing counseling services. • Eligible Supportive ServIces: There are two categories specifically included as supportive services under HOME-ARP for the City of Denton (Note: Housing Counseling Services are not offered in the City of Denton and therefor are not include as eligible.): 0 McKinney-Vento Supportive Services-. McKinney.Vento Supportive Services under HOM EARP are adapted from the services listed in section 401(29) of the McKinney-Vento Homeless As- sistance Act (“McKinney-Vento Supportive Services") (42 U.S.C. 11360{29)). 0 Homelessness Prevention Services: HOME-ARP Homelessness Prevention Services are adapted from certain eligible homelessness prevention services under the Emergency Services Grant (ESG) regulations at 24 CFR Part 576. •Eligible Costs of Supportive Services for Qualifying Individuals and Families: HOME-ARP funds may be used to pay eligible costs associated with the HOME-ARP supportive services activity in accordance with the requirements of the Notice. • Eligible Costs Associated with McKinney-Vento and Homelessness Prevention Supportive Services: o All qualifying households are eligible to receive supportive services under the HOME-ARP supportive services activity. Eligible costs associated with McKinney-Vento supportive ser- vices and homelessness prevention supportive services include: Page 28 of 37 DocuSign Envelope ID: 459DCB15-CCEOd+8B3-B815-09797E4AE930 DowSign Envelofn ID: 64EAF09A<;456499F-915E+J29BB385FBA0 Tenant Based Rental Assistance (TBRA' Financial Assistance • • a Rental Assistance o Up to 12 months over 24 monthsSecurity Deposit o Maximum two (2) times monthly contract rentUtility Payment Assistanceo UP to 12 months over 24 months Supportive ServicesFinancial Assistance • B • Rental application feeso Fee charged to all applicants Utility Depositso Gas. Electric. Water. & Sewer Moving Costso One-time expense for moving truck, hiring moving company, and 3 months temporary star-age for fees accrued after the date the program participant begins receiving servicesRental Arrears a One-time payment for up to 6 months in arrears • Eligible Activities •Case0 Management Conducting the initial evaluation, including verifying and documenting eligibility, for individu-aIs and families applying for supportive servicesDeveloping, securing, and coordinating servicesUsing Coordinated EntryObtaining federal, state, and local benefits Monitoring and evaluating program participant progressProviding information and referrals toother providersDeveloping an individualized housing and service plan, including planning a path to perma-nent housing stabilityConducting re-evaluations of the program participant’s eligibility and the types and amountsof assistance the program participant needs 0 0 00 0 0 0 0 • The costs of homelessness prevention services are only eligible to the extent that the assistance is necessary to help program participants regain stability in their current permanent housing or move into other permanent housing to achieve stability in that housing. • Agency must document and report to City all eligible costs as McKinney-Vento supportive services to an individual or family in a qualifying population, homelessness prevention services, or Housing Counseling. TBRA Ineligible Activities • Program funds may not be used to assist a resident owner of a cooperative or mutual housing unit when that resident is recognized by state law as a homeowner. Page 29 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSign Envelope ID: &+EAF09A{3456499F-915E4)29BB385FBA0 • Program funds may not be used to prevent the displacement of tenants from projects assisted withHOME Rental Rehabilitation Program fUnds. • TBRA cannot be used to duplicate another form of assistance. For instance, if a tenant receives a rental subsidy that lowers their rent to 30% of their adjusted income, such as a Housing Choice Voucher, they cannot receive additional HOME-ARP TBRA. • Program funds may not be used to pay rental arrears. • Program funds cannot be used to pay for the down payment in a lease-purchase program, although it may be used as a rental subsidy. •Program funds cannot be provided to homeless persons for overnight or temporary shelters, as a valid lease is required for program enrollment. Supportive Services Ineligible Activities • Financial assistance cannot be provided to a program participant who is receiving the same type of assistance through other public sources. Financial assistance also cannot be provided to a program participant who has been provided with replacement housing payments under the Uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC 4601 et seq.) and its implementing regulations at 49 CFR part 24, or Section 104(d) of the Housing and Community Development Act of 1974 (42 USC 5304(d) and its implementing regulations at 24 CFR part 42, dtlr- ing the period of time covered by the replacement housing payments. Project Requirements: • Portability of Assistance: Agency may require the HOME-ARP TBRA assisted household to use the assistance within the Agency's boundaries or may permit the household to use the assistance outside its boundaries as outlined at 24 CFR 92.209{d).Term of Rental Assistance Contract: The Agency mustdetermine the maximum term of HOME- ARP TBRA assistance contracts and whether contracts will be renewable based on the maximum subsidy amount set by HOME ARP •Maximum Subsidy: Agency may provide up to 100 percent subsidy for rent, security deposit pay- ments, and utility bills. The maximum subsidy each household can receive is 24 months over a 36 month period. Agency must establish a policy within the first 60 days from the start date of the service agreement for determining the amount of financial assistance each household will receive to clearly demonstrate a consistent process based on income limits of HOME-ARP requirements. Rent Reasonableness: The Agency must determine and document whether the rent is reasonable in comparison to rent for other comparable unassisted units according to HUD rent reasonableness standards and must disapprove a lease if the rent is not reasonable. Housing Quality Standards: nous- ing occupied by a household receiving HOME-ARP TBRA must comply with all housing quality standards required at 24 CFR 982.40 1 (or successor inspection standards issued by HUD) unlcss thc tenant is residing in a HOME unit, in which case the Agency may defer to initial and ongoing inspec- tion standards for the housing. o Inspections: Inspections must be conducted and documented at least 48 hours prior to signing a lease for move in and annually during the term of the TBRA assistance. For households receiving one-time security deposit assistance, a unit inspection is required only at the time that assistance is provided. Agency must utilize form HUD-52580-A Inspection Form or form HUD-52580 In- spec.tion Checklist to determine whether the unit passes or fails Housing Quality Standards. The Agency must retain a copy of the form in the participant file. • Page 30 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DowSign Envelope ID: 64EAF09A445G499F-915E429BB385FBAO While the City does not require that landlords be informed in advance of inspections of their units, Agency may want to discuss this requirement with landlords at the time of lease execution, since forming a positive working relationship with landlords is instrumental to the success of this pro- gram. A sample inspection letter is included on the TBRA web page. A unit may fail an HQS inspection for the following common reasons: outlets not working properly, exhaust fans not work- ing, broken windowpanes, windows that do not lock, leaking pipes or faucets, major holes in wall,etc If a unit fails inspection, the inspection form will contain comments detailing the areas that failed to meet HQS standards and will prescribe the necessary repairs needed to pass inspection. If the landlord is willing to repair the items listed, they will need to submit an affIdavit detailing all the repairs that were completed. The owner is responsible for completing all repairs and the subrecip- ient must re-inspect the unit and veriB' completion. A participant cannot receive TBRA until the landlord corrects all issues noted in the inspection report and the sub-recipient has re-inspected and approved the unit. Lead Based Paint Visual Assessment: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre- 1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Agencies shallensure that the owners of any units that would be occupied by households receiving HOME-ARP TBRA provide the required lead-based paint disclosures and lease addenda. • •Fair Housing: Protected Classes and Prohibited Activities under Fair Housing and HUD’s Equal Ac-cess Rule 0 Agencies and the owner or agents of the owner shall not discriminate in the provision of housing on the basis of race, color, sex, national origin, religion, familial status, or disability [the seven protected c]asses under the Fair Housing Act]. Nondiscrimination means that owners cannot refuse to rent a unit, provide difFerent selection criteria, fail to allow reasonable accommodations or mod- ifications, evict, or otherwise treat a tenant or applicant in a discriminatory way based solely on that person’s inclusion in a protected class. Owners may not engage in steering, segregation, falsedenia] of availability, denial of access to services or amenities, discriminatory advertising, or re- taliation against individuals that make fair housing complaints. Effective March 5, 2012, all HUD funded properties (including HOME/CDBG/CDBG-D/NSPfunding) are subject to the rule entitled “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity.” According to this rule, HUD-assisted properties must make housing available without regard to actual or perceived sexual orientation, gender identity, or marital status. Additionally, HUD-assisted housing providers are prohibited from inquiring about the sexual orientation or gender identity of applicants and occupants for the purpose of de-termining eligibility for housing. For purposes of this rule, the term “gender identity” means actual or perceived gender- related characteristics and the term “sexual orientation” means homosexual- ity, heterosexuality, or bisexuality. Property owners & managers must allow persons with disabilities to make reasonable modifica- dons (structural changes) so that they can fully enjoy their homes. Also, property owners and managers must allow reasonable accommodations (flexibility in rules and policies) so that persons with disabilities may fully enjoy their homes. 0 0 Page 31 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815.09797E4AE930 Dcx:uSlgn EnvekiW ID: 64EAF09A{;45&499F-915E4)29B8385FBA0 Required Actions All sub-recipients should be familiar with both state and federal civil rights and fair housing laws. The City strongly encourages sub-recipients to provide Fair Housing and Equal Opportunity train- ing for all staff, including maintenance stafF, associated with any property. Staff should attend aFair Housing and Equal Opportunity training at least once every calendar year. All participant selection plans must acknowledge that the program follows the Fair Housing Act’s nondiscrimination requirements. In addition, tenant signed forms must include the Fair Housingand Equal Opportunity logos below. •Violence against Women Reauthorization Act of 2013 (raw,ly 0 Notification of Occupancy Rights under VAWA and Certification Form The sub-recipient mustensure that notice of occupancy rights which is set forth in Form HUD 5380 is provided to each of its applicants and to each of its tenants. The sub-recipient must provide the certification form set forth in Form HUD 5382 to the applicant for a HOME-assisted unit at the time the applicantis admitted to a HOME-assisted unit or denied admission to a HOME-assisted unit based on the sub recipient’s participant selection policies and criteria. The sub-recipient must also provide the notice of occupancy rights and the certification form with any notification of eviction. Lease Addendurn'. The lease addendum incorporates all of the requirements that apply to the owner under 24 CFR part 5, subpart L, and 24 CFR 92.359(e), including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR 5.2005(b) and (c). The City lease addendum also states that the tenant may terminate the lease without penalty if the City determines that the tenant has met the conditions for an emergency transfer under 24 CFR 5.2005(e) 0 0 Emergency Transfers: The sub-recipient must use and implement the emergency transfer plan set forth in Form HUD.5381 and must make the determination of whether a tenant qualifies for an emergency transfer under the plan. The sub-recipient may provide Form HUD -5383 to a tenant that is requesting an emergency transfer. With respect to tenants who qualify for an emergency transfer and who wish to make an external emergency transfer when a safe unit is not immediately available, the sub-recipient must provide a list of properties in the jurisdiction that include HOME-assisted units. The list must include the following information for each property: The property's address, contact information, the unit sizes (number of bedrooms) for the HOME-assisted units, and, to the extent known, any tenant preferences or eligibility nstdctions for the HOME-assisted units. In addition, the sub-rwipient rnay: • Establish a preference under the sub recipient’s HOME program for tenants who qualify for emergency transfers under 24 CFR 5.2005(e); and • Coordinate with victim service providers and advocates to develop the emergency transfer plan, make referrals, and facilitate emergency transfers to safe and available units. No person may deny assistance, tenancy, or occupancy rights to HOME'assisted housing to atenant solely on the basis of criminal activity directly relating to domestic violence, dating vie lence, sexua] assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an afFiliated individualof the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking. Notwithstanding the foregoing, the sub-recipient and/or manager of HOME- 0 Page 32 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DoauSign Envelope ID: @+EAF09A.C456+99F-915E4329BB3B5FBAO assisted housing may biRucate a lease for the housing in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in criminal activity directly relating to domatic violence, dating violence, sexual assault, or stalk- ing against an affiliated individual or other individual, without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant of the housing. The sub-recipient and or manager or HOW-assisted housing must provide any remaining tenants with an opportunity to establish eligibility and a reasonable time to find new housing or to establish eligibility. 0 ConfIdentiality of Tenant Information Related to Domestic Violence, Dating Violence. Sexual As- sault, or Stalking:_The sub-recipient shall ensure that any information submitted to the sub.recip. ient and or stafFof HOME-assisted housing including the fact that an individual is a victim ofdomestic violence, dating violence, sexual assault, or stalking shall be maintained in confidence and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is: • Requested or consented to by the individual in writing; • Required for use in an eviction proceeding against any individual who is a tenant or lawful occupant of the housing and who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking; or Otherwise required by applicable law.• 0 Remedies Available To Victims of Domestic Violence, Dating Viotence, Smual Assault, or Stalk- IrB The sub.recipient may bifurcate a lease, or remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to such member who en- gages in criminal activity directly relating to domestic violence, dating violence, sexual assault,or stalking against an affiliated individual or other individual: Without regard to whether the household member is a signatory to the lease; andWithout evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. A lease bifurcation shall be carried out in accordance with any requirements or procedures as may be prescribed by Federal, State, or local law for termination of assistance or leases. If a household who lives in a HOME-assisted rental unit separates under 24 CFR 5.2009(a), the remaining ten- ant(s) may remain in the HOME-assisted unit. Lirnitations of PaIYX Protections: VAWA, as applied in this Agreement, does not limit the au- thodty of the sub-recipient, when notified of a court order, to comply with a court order withresnect to 0 The rights of access or control of property, including civil protection orders issued to protect avictim of domestic violence, dating violence, sexual assault, or stalking; or 0 The distribution or possession of property among members of a household. VAWA as applied in this Agreement does not limit any available authority of the sub-recipient to evict a tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the tenant. How- ever, the sub-recipient must not subject the tenant, who is or has been a victim of domestic violence, dating vio]ence, sexual assault, or stalking, or is affiliated with an individual who is or has been a Page 33 of 37 DocuSign Envelope ID: 459DCB15-CCEOJt8B3-B815-09797E4AE930 DocuSign Envelope ID: &+EAF09A-C456-+99F-915E4)29BB385FBAO victim ofdomestic violence, dating violence, sexual assault or stalking, to a more demanding standard than other tenants in determining whether to evict or terminate assistance. VAWA, as applied in this Agreement, does not limit any available authority of the sub-recipient to terminate assistance to or evict a tenant under a covered housing program if the sub-recipient can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the Project would be present if that tenant or lawful occupant is not evicted or terminated from assistance. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the standards provided in the definition of “actual and imminentthreat” in 24 CFR 5.2003 . Any eviction or termination of assistance should be utilized by the sub-recipient only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to particularized concerns. • HUD 5381: Model Emergency Transfer Plan. The owner must create a model plan specificto each project. The plan must be made available for review by tenants and by CNCS. • HUD 5382: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalk- ing. This form is to be used by tenants as a seIFccrtification form. A copy must be attached any time the HUD 5380 is distributed. • HUD 5383: Emergency Transfer Request. This form is used by tenants to request a transferunder VAWA. Oversight and Management • Rental Assistance Contract: HOME-ARP TBRA will be provided by the Agency directly to the qual- ifying household pursuant to a rental assistance contract with (1 ) the Agency and (2) an owner that leases a unit to a qualifying household; and (3) the qualifying household. • Rental Lease: Agency must require and verify that there is an executed lease between the qualifying household and the owner of the rental unit that complies with tenant protection requirements in ac- cordance with 24 CFR 92.253(a). •Oversight of Eligible Costs: All supportive service costs paid for by HOW-ARP must comply with the requirements of the Notice and Uniform Administrative Requirements at 2 CFR part 200, subpart E, Cost Principles that require costs be necessary and reasonable. •Affirmative marketing and MBE/WBE records. o Agency must keep records demonstrating compliance with the affirmative marketing procedures and re- quirements of 24 CFR 92.351 and this Notice. 0 Agency must provide City with documentation and data on the steps taken to implement the Jurisdiction's outreach programs to minority-owned (MBE) and female.owned (WBE) businesses including data indicat- ing the racial/ethnic or gender character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with HOME-ARP funds; the amount of the contract or subcontract, and documentation of participating jurisdiction’s affirmative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for contracts and subcon- tracts as sources of supplies, equipment, construction, and services. Page 34 of 37 DocuSign Envelope ID: 459DCB15-CCE048B3-B815-09797E4AE930 DocuSlgn Envelope ID: &+EAF09A045&498F'915E429BB385FBAO 8 Con6dentiality Requirements All entities assisted by HOME-ARP funds must develop, implement, and maintaIn written procedures to require that - •All records containIng personally IdentIfyIng Information of any Individual or famiIY who applies for and/or receives HOME-ARP assistance will be kept secure and confidential; The address or locatIon of any HOME-ARP rental housing exclusively for individuals fleeing or at- tempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking will not be made pubIIc, except as necessary where makIng the address or location public does not iden- tify occupancy of the HOME-ARP rental housing, when necessary to record use restrictions or restric-tive covenants in accordance with the NotIce SectIon VI.B or VI.E, or with written authorization of the person or entity responsible for the operatIon of the NCS or HOME-ARP rental housing; andThe address or location of any program participant that is a fleeing or attempting to flee domestic vio- lent.e+ dating violence, sexual assault, stalking, or human trafficking will not be made public, except as provided under a privatv policy of the Agency consistent with state and local laws and anY other grantconditions from other federal grant programs regarding privacy and obligations of confidentialitY. • B 0 Documenting status of a qualifying population that is fleeing or attempting to flee domestic violence, da- ting violence, stalkIng, sexual assault, or human trafficking: • if an individual or family qualifies because the individual or family is fleeing or attempting to flee do' mestic violence, dating violence, sexual assault, stalking, or human trafficking then acceptable evi- dence includes an oral or wrItten statement by the quaIIfyIng indivIdual or head of household seeking assistance that they are fleeing that situatIon. An oral statement may be documented by eIther: + + A wrItten certIficatIon by the IndIvIdual or head of household; or A written certification by a victim service provider, intake worker, social worker, legal assistance provider, health.care provider, law enforcement agency, legal assistance provider, pastoral coun- selor, or an intake worker in any other organization from whom the individual or famiIY soughtassIstance. • The written documentation need only include the minimum amount of information indicating that the Individual or family is fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking and need not include any additional details about the conditions that prompted the IndIvIdual or family to seek assIstance. • Corrective and Remedial Actions Corrective or remedial actions for a performance deficiency (e.g„ failure to meet a provision of this Notice or an applicable provision of 24 CFR Part 92) wIll be designed to prevent a continuation of the deficiency; mRi- gate, to the extent possIble, Its adverse effects or consequences; and prevent its recurrence. The CitY or HUD may impose corrective or remedial actions including but not limited to the following: 0 0 The City or HUD may instruct the Agency to submit and comply with proposals for action to correct, miti- gate and prevent a performance deficIencY The City and HUD may also: • Change the method of payment from an advance to a reimbursement basis and may require support- ing documentation to be submitted for the City or HUD review for each payment request before pay- ment is made; Page 35 of 37 DocuSign Envelope ID: 459DCB15-CCE0-£18B3-B81 5-09797E4AE930 D(x:uSign Envelope ID: B+EAFcnA<:45&499F415E+i29BB385FBAO • Determine the Agency to be high risk and impose special conditions or restrictions on the use of HOME-ARP funds in accordance wIth 2 CFR 200.208; and • Take other remedIes that may be legally available, including remedIes under 2 CFR 200.339 and 200.340. •Termination of Assistance: The Agency mayterlninate assistance to a program participant who violates program requirements or conditions of occupancy or no longer needs the services as determined by the Agency. Termination under this section does not bar the Agency from providing further assistance at a later date to the same individual or family under this Notice. o Due process: The Agency must establish policies and procedures for termination of assistance to program participants within the first 60 days from the start date of the service agnement. In ter-minating assistance to a program participant, the Agency must provide a formal process that rec- ognizes the rights of individuals receiving assistance under the due process of law. This process,at a minimum, must consist oe Providing the program participant with a written copy of the program rules and the termina- tion process before the participant begins to receive assistance; Written notice to the program participant containing a clear statement of the reasons for ter-mination: A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that per- son) who made or approved the termination decision; and Prompt written notice of the final decision to the program participant. During this process, the Agency must provide effective communication and accessibility for in-dividuals with disabilities, including the provision of reasonable accommodations. Similarly, the Agency must provide meaningful access to persons with limited English proficiency. TBRA Environmental Clearance • All TBRA activities require Environmental Clearance •HOME Program TBRA activities are subject to federal environmental regulations at 24 CFR Part 58 •All applicable environmental review procedures and written notice of environmental clearance is mandatory and must be completed BEFORE inspection of a rental property. Monthly Request for Reimbursement • Funds are disbursed on a reimbursement basis through claims submitted to the City. Sub-recipients must submit requests for reimbursement to the City monthly. Required Request for Reimbursement documentation (submitted via Neighborly): 0 0 Verification of Qualifying Household Request for Unit Approval Rent Reasonableness and Minimum Habitability Standards Checklist documentation Rental Agreement between Agency, Tenant, and LandlordFor rental assistance - Copy of the Signed Executed Lease at first request (monthly rent, deposit, arrears) Proof of Payment Beneficiary Report Data 0 0 0 0 0 Page 36 of 37 DocuSign Envelope ID: 459DCB15-CCE0-48B3-B815-09797E4AE930 DowSign Envelope ID: O+EAF09A€45&499F-915E<)29BB385FBA0 Rocords and Document Retention Pursuant to 24 CFR 92.508, the records must be retained for each household served by the HOME- ARP TBRA program for five years after the period of rental assistance terminates. HUD and the Comp-troller General of the United States, any of their representatives, have the right of access to any peRi- nent books, documents, papers or other records of the participating jurisdiction, state recipients, and sub-recipients, in order to make audits, examinations, excerpts, and transcripts. Monitoring The City will perform program compliance checks throughout the program year by reviewing monthlyreports, claims, and other information. A more thorough monitoring of the program will also occur. The monitoring review may be done re. motely or in person. At least three weeks of notice will be given to the recipient before monitoring begins so that the recipient can prepare using a monitoring checklist. The checklist will contain a list of areas that will be reviewed and documents that will need to be made available at the time of monitoring. Upon completion of a monitoring review, the City will send a letter detailing all concerns and findings discovered during the review. The letter will be sent within 30 calendar days of the monitoring unless an investigation of findings requires more time. If there are findings or concerns discovered, the letter will request the recipient to submit a specific resolution or correction within a certain period of time. Significant deficiencies in program files or other record keeping that are found during a monitoring will result in required Plans of Corrective Action with possible loss of funds or repayment to the City. Close Out A final close out report must be submitted to The City within 30 days after the award expires. The City will provide a form on which Agency will record information regarding their award performance. A]I reports must be submitted as requested by the City for the Agency to remain eligible for future HUDfunds Page 37 of 37 [k>cuSign Certificate Of Completion Envelope Id: 459DCB15CCE048B3B81509797E4AE930 Subject: Complete with DocuSign: ID 23-259 23-24-HOME ARP-TBRA-Service Agreement-ODB.pdf Source Envelope: Status: Completed Document Pages: 37 Certificate Pages: 5AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC{)6:00) Central Time (US & Canada) Signatures: 2 Envelope Originator: Lauri Nack 901B Texas Street Denton, TX 76209 Laud.Nack@cityofdenton.com IP Address: 198.49.140.10 Initials: 0 Record Tracking Status: Original 4/5/2023 11 :34:07 AM Holder: Lauri Nack Lauri.Nack@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Sent: 4/5/2023 11 :38:45 AM Viewed: 4/5/2023 11 :39:46 AM Signed: 4/5/2023 11 :40:19 AM Lauri Nack lauri.nack@cityofdenton.com City of Denton - Community Services Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Using IP Address: 198.49.140.10 Sara Hensley Sara.Hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgrnd brI SMA H%& .5236DB296270423. Sent: 4/5/2023 1 1 :40:20 AM Viewed: 4/5/2023 11 :40:58 AM Signed: 4/5/2023 1 1 :41 :06 AM Signature Adoption: Pre-selected Style Using IP Address: 107.77.198.27 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus J. Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 4/5/2023 12:32:25 PM Viewed: 4/5/2023 12:45:14 PM Signed: 4/5/2023 12:45:47 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 4/5/2023 12:45:14 PMID: 701 a51fd-745d217824501-5f936bf610ba In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Timestamp Carbon Copy Events Rosa Rios Rosa.Rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure;Accepted: 4/5/2023 12:16:46 PMID: 962b8cd3-017041 55-b8b64e322caf08d0 Status Timestamp Sent: 4/5/2023 12:32:26 PM Viewed: 4/5/2023 12:33:23 PM Lauri Nack lauri.nack@cityofdenton.com City of Denton - Community Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 4/5/2023 12:45:50 PM Resent: 4/5/2023 12:45:55 PM CSO citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 4/5/2023 12:45:51 PM Viewed: 4/5/2023 1 :03:09 PM Witness Events Signature Signature Timestamp Notary Events Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 4/5/2023 1 1:38:45 AM 4/5/2023 12:45:14 PM 4/5/2023 12:45:47 PM 4/5/2023 12:45:51 PM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Jesus J. 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