texas department of housing and community ...2020/06/06 · f, the report must be submitted to the...

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG)

AND CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES Act) CONTRACT NUMBER 43206070026

WITH Ark-Tex Council of Governments,

A POLITICAL SUBDIVISION OF THE STATE OF TEXAS

CFDA No.: 14.231 Emergency Solutions Grants Program Awarding Federal Agency: United States Department of Housing and Urban Development Federal Award Number: E-20-DW-48-0001 Federal Award Year: 2020 Pass Through Entity: Texas Department of Housing and Community Affairs Unique Entity Identifier Number: 059701052

SECTION 1. PARTIES TO THE CONTRACT

This FY 2020 Emergency Solutions Grants Program and CARES Act Contract Number 43206070026 (“Contract”) is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas, (“Department”) and Ark-Tex Council of Governments, a political subdivision of the state of Texas, (“Subrecipient”). Subrecipient is a combination of general purpose local government as said term is described in MAP-21 (Public Law 121-141, July 6, 2012).

SECTION 2. CONTRACT PERIOD FOR PERFORMANCEAND CLOSE-OUT This Contract shall commence on May 19, 2020, and, unless earlier terminated as provided herein, terminate as follows: (1) the Subrecipient is permitted to incur expenses under this Contract until July 31, 2021 (“Contract Term”); and (2) the Department’s obligations under the Contract shall end forty-five (45) calendar days after the Contract Term, and is conditioned on the Subrecipient’s successful completion of the terms herein (“Close-Out Process”).

SECTION 3. SUBRECIPIENT PERFORMANCE

A. Subrecipient shall develop and implement an Emergency Solutions Grants Program (“ESG”) inaccordance with the terms of this Contract and the exhibits and addendums attached to this Contractincorporated herein for all relevant purposes. Subrecipient shall develop and implement the ESG toassist homeless individuals or persons at risk of homelessness to quickly regain stability in permanenthousing. Subrecipient shall implement the ESG in accordance with, but not limited to, the provisions ofthe Homeless Emergency Assistance and Rapid Transition to Housing Act as amended (42 U.S.C. §11302et. seq.), as amended (“Federal Act”); Coronavirus Aid, Relief, and Economic Security Act (Public Law116-136) (“CARES Act”);the U.S. Department of Housing and Urban Development (“HUD”) regulationscodified in 24 CFR Parts 200, 576, 582, and 583 (“Federal Regulations”); the implementing State rulesunder Title 10, Part 1, Chapter 1, Chapter 2 and Chapter 7, Subchapter A and Subchapter C, of the TexasAdministrative Code (collectively, the “ESG State Rules”); and. Subrecipient shall perform all activities inaccordance with the terms of the Budget and Performance Statement attached hereto as Exhibit A, [thePersonal Responsibility and Work Opportunity Act of 1996 (“PRWORA”) requirements attached heretoas Exhibit B if applicable [remove if nonprofit]], the Certification Regarding Lobbying for Contracts,Grants, Loans, and Cooperative Agreements attached hereto as Addendum A, Certification RegardingDrug-Free Workplace Requirements attached hereto as Addendum B, the Certification RegardingDebarment, Suspension and Other Responsibility Matter attached hereto as Addendum C, theassurances, certifications, and all other statements made by Subrecipient in its ESG application, and with

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all other terms of this Contract. All exhibits and addendums attached hereto are incorporated herein for all relevant purposes.

B. The Subrecipient is liable for any associated disallowed costs if a person who is eligible to receive the

benefit or services described in the Budget and Performance Statement attached hereto as Exhibit A does not actually receive them and the Subrecipient reported the costs or received reimbursement for the costs.

C. Performance related to established targets will be reported in the ESG monthly performance report and

failing to meet targets may be considered in deobligation of funds in this Contract, and in future funding opportunities with the Department.

D. All funds must be expended in accordance with the Budget and Performance Statement attached hereto

as Exhibit A, prior to the expiration of the Contract Term t and reported within the Close-Out Processing date. The Department reserves the right to request an additional expenditure plan if it appears funds will not be expended within the Contract Term, and may deobligate funding in whole or in part if expenditure deadlines are missed.

E. SERVICE AREA. ESG activities under this Contract are limited to occur in areas located in Bowie, Cass,

Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus Counties, Texas, and in Continuum of Care Region Number TX-607 (Texas Balance of State CoC), unless otherwise approved by the Department by amendment to this Contract.

F. LAND USE RESTRICTION AGREEMENT. Some Subrecipient activities may require that Subrecipient enter

into a land use restriction agreement in accordance with Section 35(C) of this Contract, as further detailed in 10 TAC §7.3.

SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS

A. In consideration of Subrecipient's ongoing and satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs incurred beginning not earlier than March 13, 2020, and prior to the expiration of the Contract Term by Subrecipient in the amount specified in the Budget and Performance Statement attached hereto as Exhibit A.

B. Department's obligations under this Contract are contingent upon the actual receipt and availability by

the Department of adequate Emergency Solutions Grants Program and CARES Act (“ESG-CV”) funds from HUD. If sufficient ESG-CV funds are not available to make payments under this Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact is determined. Department may then terminate this Contract and will not be liable for the failure to make any payment to Subrecipient under this Contract.

C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for

eligible costs incurred or performances rendered for activities specified in 24 CFR Part 576 and the CARES Act.

D. In addition to the pre-award costs allowable under 2 CFR §200.458, Subrecipient may submit for

reimbursement costs for activities that are exempt under 24 CFR §58.34 or Categorical Exclusions under §58.35(b), not subject to §58.5 and that were performed in accordance with this Contract from March 13, 2020, to May 18, 2020.

E. The Department shall not be liable for costs submitted after the Close-Out Process date which is 45

calendar days after end of the Contract Term.

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SECTION 5. METHOD OF PAYMENT/CASH BALANCES

A. REQUEST FOR ADVANCE. Subrecipient may request a one time working capital advance for thirty (30) days cash needs or an advance of $5,000, whichever is greater. In order to request an advance payment, Subrecipient must submit to Department a properly completed expenditure report that includes a request for advance funds. Thereafter, the Subrecipient may be reimbursed for the amount of actual cash disbursements, a reimbursement basis.

B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time elapsing

between the disbursement of ESG-CV funds from Department to Subrecipient and the expenditure of such funds by Subrecipient.

C. DEPARTMENT OBLIGATIONS. Section 5(A) notwithstanding, Department reserves the right to use Cost

Reimbursement whereby reimbursement of costs incurred by a Subrecipient is made only after the Department has reviewed and approved backup documentation provided by the Subrecipient to support such costs for all funds if at any time:

1. Department determines that Subrecipient has maintained cash balances in excess of need; 2. Department identifies any deficiency in the cash controls or financial management system used

by Subrecipient; or 3. Subrecipient fails to comply with the reporting requirements of Section 12 of this Contract.

D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the exclusive

benefit of the eligible program participants of ESG services and for the payment of allowable expenditures. E. REFUND. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient

by Department, which Department determines has not been spent strictly in accordance with the terms of this Contract. Subrecipient shall make such refund within fifteen (15) calendar days after the Department’s request.

SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS

A. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES. 1. Subrecipient is a unit of general purpose local government or combination of general purpose

local governments, uniform administrative requirements, cost principles and audit requirements apply and are set forth in Uniform Grant Management Standards (“UGMS”) (Chapter 783 of the Texas Government Code) and 2 CFR Part 200. All references therein to “local government” shall be construed to mean Subrecipient.

2. If Subrecipient wishes to utilize procurement flexibilities as provided for in the CARES Act, it must

submit a procurement plan to the Department, and the Department must approve the plan in writing.

B. LIABILITY FOR COSTS. Department shall not be liable to Subrecipient for certain costs, including but not

limited to costs which:

1. Are not used to prevent the spread of, prepare for, and respond to Coronavirus Disease 2019 pandemic (“COVID-19”) Among individuals and families who are homeless or receiving homeless

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assistance or are not used to support additional homeless assistance and homelessness prevention activities to mitigate the impacts created by COVID-19;

2. Have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source other than Department;

3. Are not allowable costs;

4. Are incurred to involuntary separate a family;

5. Are incurred to provide certain legal services for immigration and citizenship matters and issues

relating to mortgages;

6. Are incurred to provide certain substance abuse treatment services;

7. Are incurred to pay arrears for temporary storage fees;

8. Are incurred to pay or modify a debt;

9. Are incurred to acquire property or to construct new property (except as approved by the Department in writing in accordance with Section 9E ;

10. Are incurred for the rehabilitation of structures to the extent that those structures are used for

explicitly religious activities;

11. Are expended on activities prior to the submission of a Request for Release of Funds and prior to the release of funds by HUD ;

12. Are used in a manner that requires persons experiencing homelessness to receive treatment or

perform any other prerequisite activities as a condition for receiving shelter, housing, or other services or assistance;

13. Are not strictly in accordance with the terms of this Contract, including the exhibits;

14. Have not been reported to Department during the Close-Out Process of this Contract;

15. Are not incurred between March 13, 2020, and before the expiration of the Contract Term; or

16. Are incurred by a unit of general purpose local government, to replace funds provided by the local

government for street outreach and emergency shelter services during the preceding 12-month period, without a HUD approved exception.

C. ACCESS. Department reserves the right to conduct additional audits of the funds received and

performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient’s records related to its performance under this Contract and to obtain any documents, materials, or information necessary to facilitate such audit.

D. AUDIT. In accordance with 10 TAC §1.403(e), if Subrecipient expends $750,000 or more in federal and/or

state awards or have an outstanding loan balance associated with a federal or state resource of $750,000 or more with continuing compliance requirements, or a combination thereof must have a Single Audit or Program-Specific Audit conducted. If the Subrecipient's Single Audit is required by 2 CFR Part 200, Subpart F, the report must be submitted to the Federal Audit Clearinghouse (“FAC”) the earlier of 30 calendar days

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after receipt of the auditor's report or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403. Subrecipient is required to submit a notification to Department within five (5) business days of submission to the FAC. Along with the notice, indicate if the auditor issued a management letter. If there is a management letter, a copy of the letter must be sent to the Department. Both the notice and the copy of the management letter, if applicable, must be submitted to [email protected].

E. AUDIT CERTIFICATION FORM. For any fiscal year ending within and the year after the Contract Term,

Subrecipient must submit an Audit Certification Form (available from the Department) within sixty (60) calendar days after the Subrecipient's fiscal year end as outlined in 10 TAC §1.403.

F. SUBAWARDS. The Subrecipient shall include this language in any subcontract or subgrant that provides

the Department or HUD the ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract.

SECTION 7. TERMINATION, DEOBLIGATION AND SUSPENSION

A. TERMINATION. Department may terminate or suspend this Contract, in whole or in part, at any time Department determines that there is cause for termination. Cause for termination includes, but is not limited to, Subrecipient’s failure to comply with any term of this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of this Contract. If the Department determines that a Subrecipient has failed to comply with the terms of the Contract, or to provide services that meet appropriate standards, goals, or other requirements established by the Department, the Department will notify Subrecipient of the deficiencies to be corrected and may require the deficiencies be corrected prior to implementing suspension.

B. DEOBLIGATION. Any decision to obligate or deobligate additional funds shall be made in writing by

Department in its sole but reasonable discretion based upon the status of grant funding to Department and Subrecipient’s overall compliance with the terms of this Contract.

C. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department’s authority to withhold

payment and immediately suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient’s performance.

D. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient during suspension or after

termination of this Contract. Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient

E. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of termination or

suspension, Department may withhold any payment due to Subrecipient until such time as the exact amount of damages due to Department or other liability is agreed upon or is otherwise determined in writing between the Parties.

SECTION 8. MATCH REQUIREMENT

No Match funds are required to be provided under the Contract. SECTION 9. ALLOWABLE EXPENDITURES

A. The permissibility of Subrecipient’s costs incurred in the performance of this Contract shall be determined in accordance with the provisions of Section 6 and the regulations set forth in 10 TAC §7.24, 24 CFR §576.100 through 24 CFR §576.109, and the CARES Act, subject to the limitations and exceptions set forth in this Section.

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mailto:[email protected]

B. ESG funds may be used for administrative activities as well as program components as set forth in 10 TAC

§7.32(b), 24 CFR §576.101 through §576.107, and the CARES Act, only as reflected in the Budget and Performance Statement attached as Exhibit A.

C. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual

programmatic expenditures and shall be allowed up to the amount outlined in the Budget and Performance Statement attached hereto as Exhibit A of this Contract. Eligible administrative costs include:

1. General management, oversight and coordination including indirect costs (with an approved cost

allocated plan or a set amount of indirect cost rate as approved by the Federal cognizant agency); and

2. Environmental review.

D. In addition to allowable costs under 10 TAC §7.24 and 24 CFR §576.100 through 24 CFR §576.109, funds may be utilized for training on infectious disease prevention and mitigation and to provide hazard pay, including for time worked on or after March 13, 2020, and the end of the Contract Term, for staff working directly to prevent the spread of, prepare for, and respond to COVID-19 among persons who are homeless or at risk of homelessness.

E. In addition to allowable costs under 10 TAC §7.24 and 24 CFR §576.100 through 24 CFR §576.109, funds

may be utilized for may be used to provide temporary emergency shelters (through leasing of existing property, temporary structures, or other means) prevent the spread of, prepare for, and respond to COVID-19. If Subrecipient intends to expend funds for temporary emergency shelter for shelter operations, renovation, major rehabilitation, construction, in a manner other than leasing of existing property, it must submit an expenditure plan to the Department and the Department must approve the plan in writing.

SECTION 10. TERMINATING ASSISTANCE

A. If a program participant violates program requirements, the Subrecipient may terminate the assistance in accordance with Section 576.402 of the Federal Regulations.

B. Termination under this Section 10 does not bar the Subrecipient from reinstating the same individual or

family at a later date and providing further assistance under this Contract. SECTION 11. RECORD KEEPING REQUIREMENTS

A. GENERAL. Subrecipient shall comply with all the record keeping requirements set forth in 10 TAC §7.8 and

24 CFR §576.500, and shall maintain fiscal and programmatic records and supporting documentation for all expenditures made under this Contract

B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by

Subrecipient pertaining to this Contract, except records confidential by law, is subject to the Texas Public Information Act (Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public Information Act.

C. ACCESS TO RECORDS. Unless prohibited by applicable laws, Subrecipient shall give HUD, the U.S. General

Accounting Office, the Texas Comptroller, the State Auditor’s Office, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of

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Subrecipient, all records pertaining to this Contract. Such right to access shall continue as long as the records are retained by Subrecipient.

D. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location for the greater

of five (5) years after the expenditure of all funds from the grant, or the period specified below:

1. Where funds from this Contract are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed seventy-five percent (75%) of the value of the building before renovation, records must be retained until ten (10) years after the date that ESG funds are first obligated for the renovation.

2. Where funds from this Contract are used to convert a building into an emergency shelter and the costs charged to the ESG grant for the conversion exceed seventy-five percent (75%) of the value of the building after conversion, records must be retained until ten (10) years after the date that ESG funds are first obligated for the conversion.

E. EXCEPTIONS. Exceptions to the record retention periods outlined above include: (i) if any litigation claim,

negotiation, inspection, or other action has started before the expiration of the required retention period records must be retained until completion of the action and resolution of all issues which arise under it; and (ii) a date consistent with any other period required by federal or state law or regulation. Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection E. Upon termination of this Contract, all records are property of the Department.

F. CARES ACT FUNDS. Subrecipient shall track, account for, and report on this funding separate from any

other ESG funding. Subrecipient will report to the Department or to HUD upon request to what extent these funds were used as matching funds for other activities or programs.

G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 11 in all subgrants and

subcontracts.

SECTION 12. REPORTING REQUIREMENTS

A. REPORTS. Subrecipient shall submit to Department such reports on the performance of this Contract as may be required by Department including, but not limited to, the reports specified in this Section 12.

B. MONTHLY REPORTS. Pursuant to 10 TAC §7.5, Subrecipient shall electronically submit to the Department

no later than the last day of each month following the preceding month in the Contract Term a performance report listing required demographic information, the number of persons assisted, and the outcomes achieved in the previous month, and an expenditure report listing all expenditures of funds under this Contract during the previous month. These reports are due even if Subrecipient has no new activity to report during the month.

C. CONSTRUCTION ACTIVITIES. If this Contract provides assistance for acquisition, renovation, rehabilitation,

or conversion, in addition to the electronic final report, Subrecipient shall submit cover photographs of the finished construction work, and verification of passed inspections in the form of certificate occupancy not later than the last day of the Close-Out Process date. This is not required for those temporary emergency shelters that have been determined by State or local health officials to be necessary to prevent the spread of, prepare for, and respond to COVID-19, and that were approved by the Department in accordance with Section 9E of this Contract, except for the Accessibility Standards required by 10 TAC Chapter 1 Subchapter B, as further detailed in this Contract.

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D. DATA COLLECTION. Pursuant to 10 TAC §7.6, Subrecipient must enter client-level data into the Homeless Management Information System (“HMIS”). Victim service or legal service providers may use a comparable database.

E. INVENTORY REPORTS. Subrecipient shall submit to Department no later than the last day of the Close-Out

Process a cumulative inventory report of all real property and tangible personal property having a useful life of more than one year or a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by entity for financial statement purposes, or $5,000, acquired in whole or in part with funds received under this or previous ESG contracts, in accordance with 10 TAC §§1.401 and 1.407.

F. DEFAULT. If Subrecipient fails to submit within forty-five (45) calendar days of its due date, any report or

response required by this Contract, including responses to monitoring reports, Department may, in its sole discretion, suspend payments, place Subrecipient on Cost Reimbursement as defined by 10 TAC §7.2, and initiate proceedings to terminate the Contract. If Subrecipient receives ESG funds from Department over two or more Contract Terms, termination proceedings may be initiated on this Contract for Subrecipient’s failure to submit a report, including an audit report, from a prior contract.

G. ANNUAL REPORTS. Subrecipient must submit yearly information as required by HUD for the Consolidated

Annual Performance and Evaluation Report, including but not limited to HMIS exports and information related to compliance with Section 3 of the HUD Act of 1968 as required by HUD.

SECTION 13. CHANGES AND AMENDMENTS

A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition, or deletion to the terms of this Contract required by a change in state or federal law or regulation is automatically incorporated herein and is effective on the date designated by such law or regulations without the requirement of a written amendment hereto. Said changes, additions, or deletions referenced under this Subsection A of Section 13 of this Contract may be further evidenced in a written amendment.

B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions

to the terms of this Contract shall be in writing and executed by both Parties to this Contract. C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic

transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission, to be its original signature.

D. REQUEST. Written requests for Contract amendments must be received in writing by the Department by

no later than thirty (30) calendar days prior to the end of the Contract Term, and such requests will be considered at the discretion of the Department in accordance with 10 TAC §7.4(e)

SECTION 14. PROGRAM INCOME

A. Program income includes any gross income received by the Subrecipient, its Affiliate, or their subcontractor directly generated by a grant-supported activity, or earned only as a result of the grant agreement during the Contract Term. Any security or utility deposits refunded from vendor or fees associated with ESG-funded emergency shelters or other ESG program activity must be treated as program income.

B. In accounting for program income, Subrecipient and its Affiliate or subgrantee must accurately reflect the

receipt of such funds separate from the receipt of federal funds and Subrecipient /Affiliate or subgrantee funds.

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C. Program income earned and expended during the Contract Term by Subrecipient or subgrantee must be

reported to the Department and the costs must be eligible ESG-CV costs that supplement the Subrecipient’s ESG program.

D. Program income received by the Subrecipient and its Affiliate or subgrantee during the Contract Term and

not expended during the Contract Term along with program income received two (2) years following the end of the Contract Term must be returned to the Department. Program income must be returned within ten (10) working days of receipt by the Subrecipient/Affiliate or subgrantee.

E. Income directly generated by a grant-support activity received by the Subrecipient and its Affiliate or

subgrantee after the two (2) year period described in Subsection D of this Section 14 is no longer program income, and may be retained by the Subrecipient or subgrantee.

SECTION 15. INDEPENDENT SUBRECIPIENT AND INDEMNIFICATION It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipient agrees to hold the Department harmless and to the extent allowed by law indemnify Department against any disallowed costs or other claims which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Subrecipient under this Contract. SECTION 16. PROCUREMENT STANDARDS

A. Subrecipient shall comply with 2 CFR Part 200, UGMS, this Contract, and all applicable federal, state, and

local laws, regulations, and ordinances for making procurements under this Contract, and as detailed in Section 6B(2) of this Contract.

B. In the use of ESG-CV funds under this Contract, Subrecipient and its contractors must comply with Section

6002 of the Solid Waste Disposal Act, as applicable and as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (“EPA”) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

SECTION 17. SUBCONTRACTS/SUBAWARDS

A. Subrecipient may not subgrant funds awarded under this Contract, unless the subgrant is for legal services

or mediation activities under 24 CFR §576.102(a)(1)(vi) or 24 CFR §576.105(b)(3) and (4), or for food services for temporary emergency shelters as authorized by the CARES Act or emergency shelters under 24 CFR §576.102(a)(3). Subrecipient may subcontract to a procured vendor for the delivery of services without obtaining Department’s prior approval. Any subcontract or subgrant for the delivery of services will be subject to monitoring by the Department per Section 24 of this Contract.

B. Subrecipient must reimburse subgrantee within 30 days of subgrantee’s complete payment request.

C. In no event shall any provision of this Section 17 be construed as relieving Subrecipient of the

responsibility for ensuring that the performances rendered under all subgrants and subcontracts are rendered so as to comply with all of the terms of this Contract. Department maintains the right to monitor and require Subrecipient’s full compliance with the terms of this Contract.

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SECTION 18. ENVIRONMENTAL REVIEW

A. Activities are subject to environmental review under 24 CFR Part 58, unless waived under the CARES Act

for those temporary emergency shelters that have been determined by State or local health officials to be necessary to prevent the spread of, prepare for, and respond to COVID-19. The Subrecipient shall supply to the Department all available, relevant information necessary to perform any environmental review required for each property or activity as required by 24 CFR Part 58.

B. The Subrecipient or subcontractor may not commit or expend any funds on acquisition, construction,

project-based vouchers, or leasing activities that subject to environmental regulations where ESG funds are part of the project (as defined in 24 CFR §58.32), until an environmental review that meets the standards outlined in 24 CFR Part 58 has been reviewed and approved in writing by the Department.

SECTION 19. WRITTEN STANDARDS

A. Subrecipient must establish and consistently apply written standards within its program and written standards must contain the required topics listed in 24 CFR §576.400(e). Subrecipient must provide TDHCA a copy of the Subrecipient’s written standards. If Subrecipient changes the written standards during the Contract Term, Subrecipient must submit revised standards to the Department before implementation.

B. Subrecipient may not require persons or families experiencing homelessness to receive treatment or

perform any prerequisite activity or activities as a condition for receiving shelter, housing, or other services under this Contract.

C. The written standards must include the expanded definition of At-risk of Homelessness as provided under

the CARES Act, which expands the definition to include those individuals or households at or below 50% of Area Median Family Income.

D. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining

to any individual provided family violence prevention or treatment services under any project assisted under this Contract, and that the address or location of any family violence shelter project assisted will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public.

SECTION 20. MANAGEMENT OF EQUIPMENT AND INVENTORY Subrecipient shall comply with 2 CFR Part 200, UGMS, and 10 TAC §1.407.

SECTION 21. TRAVEL For any travel for which Subrecipient seeks reimbursements under this Contract or through Match funds, Subrecipient shall abide by travel polities that adhere to 2 CFR Part 200, UGMS, or the State of Texas travel policies for any travel funded by this Contract either directly or indirectly. Subrecipient’s written travel policy shall delineate the rates that Subrecipient shall use in computing the travel and per diem expenses of its board members and employees. SECTION 22. INSURANCE AND BONDING REQUIREMENTS

A. INSURANCE. Subrecipient shall maintain adequate personal injury and property damage liability insurance or, if Subrecipient is a unit of local government, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with the performance of this Contract. Subrecipient is

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encouraged to obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient should review existing policies to determine if lead contamination is covered. Notwithstanding hereinabove, if Subrecipient is a self-funded entity in accordance with Chapter 2259 of the Texas Government Code subject to statutory tort laws, then it does not have to maintain a commercial general liability insurance and/or worker’s compensation claims.

B. BONDING REQUIREMENTS. Subrecipient shall comply with the bonding requirements in 10 TAC §1.405(a)

and §1.406. SECTION 23. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim. SECTION 24. TECHNICAL ASSISTANCE AND MONITORING Department may issue technical guidance to explain the rules and provide directions on terms of this Contract. Department or its designee may conduct periodic on or off-site monitoring and evaluation of the efficiency, economy, and efficacy of Subrecipient’s performance of this Contract. Department will advise Subrecipient in writing of any deficiencies noted during such monitoring. Department will provide technical assistance to Subrecipient and will require or suggest changes in Subrecipient’s program implementation or in Subrecipient’s accounting, personnel, procurement, and management procedures in order to correct any deficiencies noted. Department may conduct follow-up visits to review and assess the efforts Subrecipient has made to correct previously noted deficiencies. Department may place Subrecipient on Cost Reimbursement, suspend or terminate this Contract, or invoke other remedies in the event monitoring or other reliable sources reveal material deficiencies in Subrecipient’s performance or if Subrecipient fails to correct any deficiency within the time allowed by federal or state law or regulation or by the terms of this Contract. SECTION 25. LEGAL AUTHORITY

A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient’s constitutive documents or any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms.

B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants that

he/she has been duly authorized by Subrecipient's governing board to execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and performances herein.

C. TERMINATION. Department shall have the right to terminate this Contract if there is a dispute as to the

legal authority of either Subrecipient or the person signing this Contract on behalf of Subrecipient to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any money it has received from Department for performance of the provisions of this Contract, if the Department has terminated this Contract for reasons enumerated in this Section 25.

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D. MERGER; DEFAULT. Subrecipient understands that it shall be an event of default under this Contract, if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient’s ability to perform under the terms of this Contract.

E. NONPROFIT ORGANIZATION. INTENTIONALLY LEFT BLANK

SECTION 26. COMPLIANCE WITH LAWS

A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the McKinney-Vento Homelessness Assistance Act, the federal rules and regulations promulgated under 24 CFR Parts 58, 576, 582 and 583, Title 10, Part 1 of the Texas Administrative Code, and all other applicable federal, state, and local laws and regulations applicable to the performance of this Contract. Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any illegal activity in the performance of or associated with the performance of this Contract. No funds under this Contract shall be used for any illegal activity or activity that violates any federal, state or local laws.

B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the

“Certification Regarding Drug-Free Workplace Requirements” attached hereto as Addendum B that it is implementing the Drug-Free Workplace Act of 1988 (41 U.S.C. §701, et seq) and HUD’s implementing regulations including, without limitation, 2 CFR Parts 182 and 2429.

C. LIMITED ENGLISH PROFICIENCY (“LEP”). Subrecipient must provide program applications, forms, and

educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable steps to insure that LEP persons have meaningful access to programs and activities. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary.

D. LEAD-BASED PAINT. Lead-based paint remediation and disclosure applies to all ESG-CV funded shelters

and all housing occupied by participants. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C §§4851-4856), and the relevant subparts of the implementing regulations at 24 CFR Part 35, Subparts A, B, H, J, K, M, and R apply to activities under this grant program. The Subrecipient must also comply with the Lead, Renovation, Repair, and Painting Program Final Rule, 40 CFR Part 745, where applicable.

E. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation for disability,

medical records or any other medical information in the course of administering the ESG CARES Act Program, Subrecipient shall comply with the Protected Health Information state and federal laws and regulations, as applicable, under 10 TAC §1.24, Chapter 181 of the Texas Health and Safety Code, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub.L. 104–191, 110 Stat. 1936, enacted August 21, 1996), and the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and E of 45 CFR Part 164).

F. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.

1. General. Subrecipient shall comply with the information security and privacy requirements under 10

TAC §1.24 to ensure the security and privacy of Protected Information (as said term is defined under 10 TAC §1.24).

2. Information Security and Privacy Agreement (“ISPA”). Prior to beginning any work under this Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required by 10 TAC §1.24, on file

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with the Department, or (ii) will execute and submit to the Department an ISPA in accordance with instructions found on the Department’s website at the “Information Security and Privacy Agreement” link.

G. VIOLENCE AGAINST WOMEN ACT (“VAWA”). VAWA provides basic protections for applicants and

residents receiving rental assistances. Pursuant to 24 CFR §576.409 the “Notice of Occupancy Rights under the Violence Against Women Act” based on HUD form 5380, and the “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking,” HUD form 5382, must be provided by the ESG Subrecipient to:

1. All applicants for short- and medium-term rental assistance at the time of admittance or denial;

2. Program Participants of short- and medium-term rental assistance prior to execution of a Rental

Assistance Agreement;

3. Program Participants of short- and medium-term rental assistance with any notification of eviction or notification of termination of assistance; and

4. Program Participants of short- and medium-term rental assistance either during an annual

recertification or lease renewal process, whichever is applicable.

H. CONFIDENTIALITY: COMPLIANCE WITH VIOLENCE AGAINST WOMEN ACT. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under this Contract, and that the address or location of any family violence shelter project assisted will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public in accordance with 24 CFR §5.2007.

I. EMERGENCY TRANSFER PLAN. Subrecipient will be required to develop and follow an Emergency Transfer

Plan pursuant to 24 CFR §5.2005(e) that will inform Program Participants of the availability of the Emergency Transfer Plan. Within three calendar days after Program Participants request transfers, Subrecipient will inform Program Participants of their eligibility under their Emergency Transfer Plans, and keep records of all outcomes.

J. DISPLACED PERSONS. Subrecipient must follow Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42 U.S.C. §§4201 – 4655) (“URA”) and its implementing regulations at 49 CFR Part 24, Subpart B, and HUD Handbook 1378.

K. SECTION 3. Subrecipients utilizing ESG funds for construction, renovation, repair, rehabilitation, or

conversion of buildings are responsible for compliance with 24 CFR Part 135, referred to as “Section 3,” and shall include the clauses listed in 24 CFR §135.38 in all subcontracts covered by Section 3. Homeless individuals have priority over Section 3 residents.

L. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g) of the

Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers or other agents who engage in any of the prohibited activities under Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may terminate this Contract and Subrecipient hereby agrees and acknowledges that upon termination, Subrecipient's rights to any funds shall be terminated.

SECTION 27. PREVENTION OF WASTE, FRAUD, AND ABUSE

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A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors, to the extent they are permitted, and administering agencies. Subrecipient’s internal controls systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by Department.

B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the

purpose of monitoring or investigating the ESG Program. Subrecipient shall immediately notify Department of any discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse.

C. Subrecipient may not discriminate against any employee or other person who reports a violation of the

terms of this Contract, or of any law or regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith.

SECTION 28. CERTIFICATION REGARDING UNDOCUMENTED WORKERS Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will not knowingly employ an undocumented worker, where “undocumented worker” means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at the rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies Subrecipient of the violation. SECTION 29. CONFLICT OF INTEREST

A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default under this Contract and may result in termination of the Contract or deobligation of funds. In addition, the written standards must meet the requirements in 2 CFR §200.318

B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration

of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the Parties indicated herein, has a financial or other interest in the firm selected for an award. This also applies to the procurement of goods and services under 24 CFR §§200.317 and 200.3186.

C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors,

or anything of monetary value from contractors, or parties to subagreements. Subrecipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient.

D. The provision of any type or amount of ESG assistance may not be conditioned on an individual's or

family's acceptance or occupancy of emergency shelter or housing owned by Department, the Subrecipient, or a parent or subsidiary of the Subrecipient.

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E. No Subrecipient may, with respect to individuals or families occupying housing owned by the Subrecipient, or any parent or subsidiary of the Subrecipient, carry out the initial evaluation required under Section 576.401 of the Federal Regulations or administer homelessness prevention assistance under Section 576.103 of the Federal Regulations.

F. Subrecipients that are a unit of general local governmental entities, in addition to the requirements of

this Section 29, shall follow the requirements of Chapter 171 of the Local Government Code regarding conflicts of interest of officers of municipalities, counties, and certain other local governments.

SECTION 30. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED

A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any state official or employee from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information.

B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other

way fund or support candidates for the legislative, executive, or judicial branches of government, the State of Texas, or the government of the United States.

C. None of the funds provided under this Contract shall be used to pay any person or organization for

influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award governed by the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352) as the Development Owner and each of its tiers have certified by their execution of the “Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements” attached hereto as Addendum A and incorporated herein for all relevant purposes.

SECTION 31. NON-DISCRIMINATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY

A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Contract, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation, belief, sexual orientation or gender identity.

B. EQUAL ACCESS. Subrecipient agrees to follow the Equal Access to Housing Final Rule [FR 5359-F-02]. C. EQUAL OPPORTUNITY. Subrecipient and its subcontractors agree to carry out an Equal Employment

Opportunity Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1965, as amended, and its implementing regulations at 41 CFR Part 60.

D. REASONABLE ACCOMMODATIONS AND ACCESSIBLITY. Subrecipient shall operate each program or activity

receiving ESG financial assistance so that the program or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipient is also required to provide reasonable accommodations for persons with disabilities.

E. AFFIRMATIVELY FURTHERING FAIR HOUSING. By Subrecipient’s execution of the Contract, Subrecipient

agrees to affirmatively further fair housing by using funds in a manner that follows the “State of Texas’ Analysis of Impediments” and will maintain records in this regard.

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F. SUBCONTRACTS. Subrecipient will include the substance of this Section 31 in all subgrants and subcontracts under this Contract.

SECTION 32. CONSTRUCTION, HABITABILITY AND ACCESSIBILITY STANDARDS

A. LOCAL STANDARDS. Subrecipient shall ensure that any building for which ESG amounts are used for renovation, conversion, or major rehabilitation must meet local government safety and sanitation standards and shelter and housing standards as outlined in Section 576.403 of the Federal Regulations unless waived under the CARES Act for those temporary emergency shelters that have been determined by State or local health officials to be necessary to prevent the spread of, prepare for, and respond to COVID-19.

B. ACCESSIBILITY STANDARDS. Subrecipient must meet the accessibility standards under (i) Section 504 of

the Rehabilitation Act of 1973 (5 U.S.C. §794) and its implementing regulations at 24 CFR Part 8, (ii) the Fair Housing Act (42 U.S.C. §3601 et seq.) as implemented by HUD at 24 CFR Parts 100-115, 24 CFR §92.250, 24 CFR §92.202 and 24 CFR §5.105(a), (iii) Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department of Justice at 28 CFR Parts 35 and 36, and (iv) the Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order 12259) and its implementing regulations at 24 CFR Part 107.

C. NATIONAL FIRE PROTECTION. None of the funds provided under this Contract may be used in connection

with any dwelling unit unless the unit is protected by a hard-wired or battery-operated smoke detector installed in accordance with National Fire Protection Association Standard 74.

SECTION 33. LIMITATION ON ABORTION FUNDING

A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state law,

the Department may not enter into this Contract with an “abortion provider” or an “affiliate” of an abortion provider, as said terms are defined thereunder, if funds under this Contract are appropriated from state or local tax revenue.

B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any funds

under this Contract from state or local tax revenue, it is eligible to receive said funds, and that it will not utilize said funds in any way contrary to this Section 33 during the Contract Term.

SECTION 34. DEBARRED AND SUSPENDED PARTIES By signing this Contract, Subrecipient certifies that neither it nor its current principal employees, board members, agents, or contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency as provided in the Certification Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum C and incorporated herein for all relevant purposes. The terms “covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in the certification attached as Addendum C, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9, subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that, prior to entering into any agreement with a potential subcontractors procured by Subrecipient or prior to awarding funds under this Contract to a potential subgrantee, that the verification process to comply with this requirement will be accomplished by checking the System for Award Management (“SAM”) at www.sam.gov and including a copy of the results in its project files. After said verification, Subrecipient may decide the frequency by which it

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determines the eligibility of its subcontractors during the term of the subcontractor’s agreement. Subrecipient may subsequently rely upon a certification of a subcontractor that is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the certification attached hereto as Addendum C or an explanation of why it cannot provide said certification shall disqualify Subrecipient from participation under this Contract. The certification or explanation will be considered in connection with the Department’s determination whether to continue with this Contract. Subrecipient shall provide immediate written notice to Department if at any time Subrecipient learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Subrecipient further agrees by executing this Contract that it will include the certification provision titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusive-Subcontracts,” as set out in Addendum C, without modification, and this language under this Section 34, in all its subawards. SECTION 35. SPECIAL CONDITIONS

A. DIRECT DEPOSIT AUTHORIZATION. Department shall not release any funds under this Contract until

Department has received a properly completed Direct Deposit Authorization form from Subrecipient and all Contract start-up documentation required by the Department.

B. RECAPTURE OF FUNDS. Subrecipient shall obligate all funds provided under this Contract within 120 days

as of the date in Subrecipient’s award letter via a procurement contract, or the written designation of a department within Subrecipient to directly carry out an eligible activity. The Department will recapture any funds not so obligated.

C. USE RESTRICTION PERIOD. Subrecipient shall ensure that any building rehabilitated with funds provided

under this Contract is maintained as a shelter for the homeless for not less than a three (3)-year period or for not less than a ten (10)-year period if such funds are used for major rehabilitation or conversion of the building. The applicable period shall be calculated in accordance with 24 CFR §576.103(c), unless utilized for the provision of temporary emergency shelters (though leasing of existing property, temporary structures, or other means) to prevent the spread of, prepare for, and respond to COVID-19, as approved by the Department in accordance with Section 9 E. of this contract.

D. DRUG AND ALCOHOL POLICY. Subrecipient shall administer, in good faith, a policy designed to ensure that

its homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol. E. PARTICIPATION OF HOMELESS INDIVIDUALS AND FAMILIES. Subrecipient shall, to the maximum extent

practicable, involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovation, maintaining, and operating facilities assisted under this Contract, in providing services assisted under this Contract, and in providing services for occupants of facilities assisted under this Contract.

F. ELIGIBILITY CONDITIONS FOR YOUTH.

a. Notwithstanding any contrary requirements under the McKinney-Vento Homeless Assistance Act

or 24 CFR Part 576, youth aged 24 and under seeking assistance (including shelter, services, or rental assistance) shall not be required to provide third party documentation that they meet the homeless definition in 24 CFR §578.3 as a condition for receiving assistance.

b. Unaccompanied youth aged 24 and under, or families headed by youth aged 24 and under who have an unsafe primary nighttime residence and no safe alternative to that residence shall be considered homeless for purposes of assistance provided by any private nonprofit organization whose primary mission is to provide services to youth aged 24 and under and families headed by

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youth aged 24 and under.

G. HUD REGULATORY WAIVERS. 1. As a result of the COVID-19 pandemic, HUD expanded eligible uses of HMIS. HUD waived 24 CFR

§576.107(a)(2) which authorizes use of ESG funds for managing and operating the Homeless Management Information System (“HMIS”) funds if the recipient is the HMIS lead agency. This waiver allows Subrecipient to use ESG funding for the provisions in 24 CFR §576.107(a)(2) even if the Subrecipient is not an HMIS lead agency. Expanding HMIS eligible activities allows more Subrecipient to use ESG funding to upgrade or enhance the HMIS as needed to incorporate ESG program data related to COVID-19. The waiver to expand HMIS eligible activities will be in effect from April 5, 2020, to September 30, 2020.

2. As a result of the COVID-19 pandemic, HUD changed re-evaluations from three to six months for homelessness prevention. HUD waived 24 CFR §576.401(b) which requires a re-evaluation of the Program Participant’s eligibility and the types/amounts of assistance to occur not less than once every three months. With the waiver, re-evaluations for homelessness prevention will be required not less than once every six months. Waiving three-month re-evaluation requirement for homelessness prevention assistance is necessary to help program participants remain stable in housing during the economic uncertainty caused by COVID-19. This waiver applies from April 5, 2020, to March 31, 2022.

3. As a result of the COVID-19 pandemic, HUD suspended monthly case management. HUD waived 24 CFR §567.401(e), which requires Program Participants to meet with a case manager not less than once per month, unless the Violence Against Women Act of 1994 or Family Violence Prevention and Services Act prohibits the shelter or housing being conditional on the Program Participant’s acceptance of services. Waiving the monthly case management requirement until September will allow ESG Subrecipient to provide case management on an as-needed basis and reduce the possible spread and harm of COVID-19. This waiver is in effect from April 5, 2020, to August 22, 2020.

4. As a result of the COVID-19 pandemic, HUD waived the Fair Market Rent (FMR) requirement. HUD waived 24 CFR §576.106(d)(1), which requires total gross rent to be equal or less than the FMR established by HUD. Moving people into permanent housing is especially critical to prevent the spread of COVID-19, and this waiver will assist providers to more quickly locate additional units to house persons experiencing homelessness. The rent reasonableness standard still applies. The FMR requirement is waived from April 5, 2020, to September 30, 2020.

H. INAPPLICABILITY OF RULES AND DEPARTMENT WAIVERS 1. Because these funds were not made out of the annual allocation, and were not awarded by local

competition or NOFA, 10 TAC §§7.33-7.34, and §§7.36-7.40, and §7.41(a) and (g), do not apply to this Contract. 10 TAC §7.43(b) is not applicable because ESG-CV funding does not require match.

2. On May 21, 2020, the Department’s Governing Board waived for limited temporary shelter activities 10 TAC §7.3(a)-(c), (e) [only for the requirement for the individual who will be executing a LURA] and (f) [all provisions except the Accessibility Standards], 10 TAC §7.32(c) for limited temporary shelter activities (as further described in this Contract) through the earlier of the end of the Contract Term or September 30, 2022.

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3. On May 21, 2020, the Department’s Governing Board waived 10 TAC §7.32(j) for the limited purpose of allowing HMIS funds to be expended under 24 CFR §576.107(a)(2) for as long as this provision is waived by HUD.

I. EXTENSION OF WAIVERS. If as a result of the COVID-19 pandemic, HUD or the Department extends the

time period for the above mentioned HUD Regulatory waivers or Department Waivers, and there are no substantive changes associated with said extension, the Department may allow use of the waivers for the extended time period without the requirement of a written amendment hereto. In such an event, however, Subrecipient should retain any written correspondence from the Department regarding said extension of the COVID-19 related waivers.

J. BOARD CONDITIONS. Intentionally Deleted.

SECTION 36. NO WAIVER OF REMEDIES Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy; neither shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. SECTION 37. ORAL AND WRITTEN AGREEMENTS

A. All oral and written agreements between the parties to this Contract relating to the subject matter of this Contract have been reduced to writing and are contained in this Contract.

B. The attachments enumerated and denominated below are a part of this Contract and constitute promised

performances under this Contract: 1. Addendum A – Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative

Agreements 2. Addendum B – Certification Regarding Drug-Free Workplace Requirements 3. Addendum C – Certification Regarding Debarment, Suspension and Other Responsibility Matter 4. Exhibit A – Budget and Performance Statement 5. Exhibit B – PRWORA Requirements

SECTION 38. SEVERABILITY If any section or provision of this Contract is held to be invalid or unenforceable by a court or an administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding. SECTION 39. COPYRIGHT Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this Contract. If copyrighted materials are developed under this Contract, the Department and HUD shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government purposes.

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SECTION 40. USE OF ALCOHOLIC BEVERAGES Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient’s employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages. SECTION 41. FAITH BASED AND SECTARIAN ACTIVITY Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as worship, religious instruction or proselytization, and must be for the benefit of persons regardless of religious affiliation. Subrecipient shall comply with the regulations promulgated at 24 CFR §576.406. SECTION 42. FORCE MAJURE

A. If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to perform hereunder:

2. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of

nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) quarantines, disease pandemics, embargoes and other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and

3. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources, workaround plans or other means.

SECTION 43. ALTERNATIVE DISPUTE RESOLUTION

In accordance with Section 2306.082 of the Texas Government Code, it is the Department’s policy to encourage the use of appropriate alternative dispute resolution procedures (“ADR”) under the Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Texas Government Code), to assist in the fair and expeditious resolution of internal and external disputes involving the Department and the use of negotiated rulemaking procedures for the adoption of Department rules. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by Department’s ex parte communications policy, Department encourages informal communications between Department staff and the Subrecipient, to exchange information and informally resolve disputes. Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at any time the Subrecipient would like to engage Department in an ADR procedure, the Subrecipient may send a proposal to Department’s Dispute Resolution Coordinator. For additional information on Department’s ADR policy, see Department’s Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC §1.17. SECTION 44. TIME IS OF THE ESSENCE Time is of the essence with respect to Subrecipient’s compliance with all covenants, agreements, terms and conditions of this Contract.

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SECTION 45. COUNTERPARTS AND FACSIMILE SIGNATURES This Contract may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other electronic transmission, and any such signature shall have the same legal effect as an original. SECTION 46. NUMBER, GENDER Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words shall include the plural. SECTION 47. NOTICE

A. If a notice is provided concerning this Contract, notice may be given at the following (herein referred to as “Notice Address”): As to Department:

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P. O. Box 13941 Austin, Texas 78711-3941 Attention: Abigail Versyp, Director of Single Family and Homeless Programs Division Telephone: (512) 475-0908 Fax: (512) 475-1391 [email protected]

As to Subrecipient:

Ark-Tex Council of Governments 4808 Elizabeth Street Texarkana, Texas 75503 Attention: Chris Brown Telephone: (903) 255-3541 [email protected]

B. All notices or other communications hereunder shall be deemed given when delivered, mailed by

overnight service, or five days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 47.

SECTION 48. ASSIGNMENT This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written consent and agreement of Department, which consent may be withheld in Department's sole discretion. SECTION 49. VENUE AND JURISDICTION This Contract shall be construed under and in accordance with the laws of the State of Texas. Venue for any litigation regarding this Contract shall be fixed in any court of competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not be construed as a waiver by either party of sovereign immunity, official immunity or any other immunity or defense provided by law. EXECUTED to be effective on May 19, 2020.

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SUBRECIPIENT: Ark-Tex Council of Governments A POLITICAL SUBDIVISION OF THE STATE OF TEXAS By: Name: Chris Brown Title: Executive Director Date: THIS CONTRACT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, OR HIS/HER AUTHORIZED DESIGNEE. DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Name: Abigail Versyp Title: Its duly authorized officer or representative Date:

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ADDENDUM A

CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of its knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents

for all sub-awards at all tiers (including subcontracts and contracts under grants, loans, and cooperative agreements) shall certify and disclose accordingly.

This certification is material representation of fact on which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of its knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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Ark-Tex Council of Governments A POLITICAL SUBDIVISION OF THE STATE OF TEXAS By: Name: Chris Brown Title: Executive Director Date:

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ADDENDUM B

CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a Federal agency may designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the Department of Health and Human Services, the central point is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201. The undersigned certifies that it will or will continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-

(1) The dangers of drug abuse in the workplace; (2) The grantee’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:

(1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction;

(e) Notifying the agency in writing, within 10 calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted-

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

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(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include street address, city, county, state, zip code):

1. __________________________________________________________________ 2. __________________________________________________________________ 3. __________________________________________________________________ 4. __________________________________________________________________

Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon award, if there is no application, the Subrecipient must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the Subrecipient’s drug-free workplace requirements.

This certification is a material representation of fact upon which reliance is placed when the Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, Department, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Ark-Tex Council of Governments A POLITICAL SUBDIVISION OF THE STATE OF TEXAS By: Name: Chris Brown Title: Executive Director Date:

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ADDENDUM C

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

The undersigned certifies, to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default; and (e) Will submit to the Department information about each proceeding that occurs during this Contract Term or during the recordkeeping period that: (1) Is in connection with this award; (2) Reached its final disposition during the most recent five year period; and (3) Is one of the following:

i. A criminal proceeding that resulted in a conviction, as defined below; ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,

penalty, reimbursement, restitution, or damages of $5,000 or more; iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability

and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damage in excess of $100,000; or

iv. Any other criminal, civil, or administrative proceeding if: 1. It could have led to an outcome described in this section (e) paragraph (3), items (i) – (iii) of

this award term and condition; 2. It had a different disposition arrived at by consent or compromise with an acknowledgment

of fault on your part; and 3. The requirement in this award term and condition to disclose information about the

proceeding does not conflict with applicable laws and regulations.

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(4) For purposes of section (e) of this certification the following definitions apply:

i. An “administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.

ii. A “conviction”, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.

Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract. The undersigned Subrecipient further agrees and certifies that it will include the below clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Subcontracts/Lower Tier Covered Transaction,” without modification, in all subcontracts and in all solicitations for subcontracts:

“CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS

(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

LOWER TIER PARTICIPANT/ SUBCONTRACTOR:

Entity Name, Entity Type By:

Signature Authority Name, Title Date: _______________________________”

This certification is a material representation of fact upon which reliance is placed when the Department awards the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification, in addition to any other remedies available to the Federal Government, the Department may terminate this Contract for cause or default. Ark-Tex Council of Governments A POLITICAL SUBDIVISION OF THE STATE OF TEXAS By: Name: Chris Brown Title: Executive Director Date:

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EXHIBIT A

BUDGET AND PERFORMANCE STATEMENT

Subrecipient shall carry out the following activities identified herein by implementing an Emergency Solutions Grants Program and CARES Act program in accordance with the Federal Act and its implementing rules under the CARES Act, Federal Regulations, and ESG State Rules. Close-Out Process: Ends forty-five (45) calendar days after the Contract Term Contract Term: May 19, 2020 – July 31, 2021 Service Area: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, Titus Counties FINANCIAL EXPENDITURE REQUIREMENTS: A. To assure the timely and appropriate use of ESG-CV funds, the Department has established the following

expenditure benchmarks. The Department will review Subrecipient performance in expending program funds on a quarterly basis. Funds may only be obligated and expended during the current Contract Term, and reported during the Close-Out Process. Subrecipient is advised that failure to expend funds in a timely fashion during the Contract Term may result in deobligation of funding or affect future funding opportunities.

B. Subrecipient must follow the following expenditure schedule: a. Contract 50% expended as provided in the Budget by February 28, 2021 b. Contract 100% expended as provided in the Budget by the end of the Contract Term July 31, 2021

C. INTENTIONALLY LEFT BLANK D. BUDGET DESCRIPTION. The Contract budget outlined in this Exhibit A to the Contract includes itemization of funds for each component.

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BUDGET. Budget

Categories Budget

Administration $7,826.00

Data Collection (HMIS)

$31,304.00

Homeless Prevention

$130,435.00

Rapid Re-housing

$130,435.00

Emergency Shelter

$0.00

Street Outreach

$0.00

Total $300,000.00

E. INDIRECT COST RATE. Subrecipient will not utilize an indirect cost rate.

F. BUDGET AMENDMENTS.

1. Funds budgeted may be amended by moving funding from one component to another. Requests to amend the budget must be submitted in writing to the Department. Amendment requests received after the expiration of the Contract Term may not be granted. 2. Administrative funds shall not exceed 5% of the amount of the budget for Program Participant services under each component.

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and Coronavirus Aid, Relief, and Economic Security Act (CARES Act) CONTRACT NUMBER 43206070026



EXHIBIT B

PRWORA REQUIREMENTS

If Subrecipient is a unit of general purpose local government and is expending funds on homelessness prevention activities, Subrecipient must follow the requirements under this Exhibit B. If an individual is applying for ESG homeless prevention funds, a Subrecipient must verify that the individual is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, (PRWORA), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.

To ensure that a non-qualified applicant does not receive “federal public benefits,” a unit of general purpose local government that administers “federal public benefit programs” is required to determine, and to verify, the individual’s alienage status before granting eligibility (8 U.S.C. §1642 (a) and (b)). Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility.

An exception to the requirement of verification of alienage status applies when the applicant’s eligibility is determined by a non-profit charitable organization. To be eligible for this exemption, an organization must be both “nonprofit” and “charitable.” An organization is “nonprofit” if it is organized and operated for purposes other than making gains or profits for the organization, its member or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is “charitable” if it is organized and operated for charitable purposes. The term “charitable” should be interpreted in its generally accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed or the underprivileged, as well as religiously-affiliated organizations and educational organizations. (Federal Register on November 17, 1997 at 62 Fed. Reg. 61344)

Subrecipient shall: (1) System Use.

(a) Establish the identity of the applicants and require each applicant to present the applicant’s immigration or naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE Program; (b) Physically examine the documentation presented by the applicant and determine whether the document(s) reasonably appear(s) to be genuine and to relate to the individual; (c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for verification of immigration or naturalized or derived citizenship status information, including (1) information from the applicant’s immigration or naturalization documentation for initial automated verification, (2) additional information obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3) completed Forms G-845 and other documents

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and information required for manual additional verification. For manual only verification, ensure that Forms G-845 and other documents and information required for manual verification are provided; (d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use SAVE on behalf of the Subrecipient (Users) performing verification procedures complete SAVE required training including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s), http://www.uscis.gov/save/what-save/save-webinars, and maintaining a working knowledge of requirements contained therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for monitoring review; (e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification procedures; (f) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program Guide, web-based tutorial, this Contract, and updates to these requirements; (g) Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE Monitoring and Compliance. Contact information can be found at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0d37dffd79029310VgnVCM100000082ca60aRCRD&vgnextchannel=0d37dffd79029310VgnVCM100000082ca60aRCRD (h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for verification; (i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and all other provisions of this Contract; (j) Comply with the requirements of the Federal Information Security Management Act of 2002 (“FISMA”) (PL-107-347; 44 U.S.C. §§ 3541-3549) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the internal processing of records received by either agency under the terms of this Contract; (k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/her may do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCorrectYourRecordswithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online Resources); (l) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; (m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the applicant; (n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process

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http://www.uscis.gov/save/what-save/save-webinars

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0d37dffd79029310VgnVCM100000082ca60aRCRD&vgnextchannel=0d37dffd79029310VgnVCM100000082ca60aRCRD



http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCorrectYourRecordswithUSCIS.pdf


by which applicants may contact DHS-USCIS is posted at http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCorrectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources); (o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the opportunity to use the Subrecipient’s existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and (p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C. §1324a.

(2) Monitoring and Compliance.

(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; (b) Notify the Department’s Compliance Division immediately whenever there is reason to believe a violation of this agreement has occurred; (c) Notify the Department’s Compliance Division immediately whenever there is reason to believe an information breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget (OMB) Memorandum M-07-16, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information;” (d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; (e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review Subrecipient’s compliance with this Exhibit B and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; (f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient’s User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and other relevant data; (g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact persons or other personnel within the Subrecipient’s organization or relevant contractors regarding any and all questions or problems which may arise in connection with the Subrecipient’s participation in SAVE; (h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE users as necessary to ensure compliance with the terms of this Exhibit B and the SAVE Program requirements by its authorized agents or designees; and (i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-

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compliance with the terms, conditions and safeguards of this Exhibit B, SAVE Program procedures or other applicable law, regulation or policy.

(3) Criminal Penalties.

(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted by law, including, but not limited to, the prosecution of violations of Federal administrative or criminal law. (b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this Contract may be subject to criminal penalties.

(4) Third Party Liability.

(a) Each party to this Contract shall be solely responsible for its own defense against any claim or action by third parties arising out of or related to the execution and/or performance of this Contract, whether civil or criminal, and retain responsibility for the payment of any corresponding liability. (b) Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient.

(5) Points of Contact

Abigail Versyp Director of HOME and Homeless Programs Division Texas Department of Housing and Community Affairs Community Affairs Division P.O. Box 13941 Austin, TX 78711-3941 Phone: (512) 475-2224 Email: [email protected] USCIS SAVE Program MS 2620 U.S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2620 ATTN: SAVE Operations

Phone: (888) 464-4218 Email: [email protected] USCIS SAVE Monitoring and Compliance MS 2640 U.S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2640 Phone: (888) 464-4218 Email: [email protected]

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PGA: Federal §5311 - Formula Grants for Rural Areas

SUBRECIPIENT: Ark-Tex Council of Governments

FAIN: TX-2020-072

CFDA #: 20.509

TXDOT PROJECT #: CAF 2001 (19) 072_20

PROJECT ID #: 51018011920

MASTER GRANT AGREEMENT #: MGA-2017-2021-ATCOG-020

FEDERAL TRANSIT ADMINISTRATION

NOT RESEARCH AND DEVELOPMENT

STATE OF TEXAS §

COUNTY OF TRAVIS §

CARES ACT RURAL AREA FEDERAL FORMULA PROGRAM

FISCAL YEAR 2020

PROJECT GRANT AGREEMENT

THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting

through the Texas Department of Transportation, called the "State" and Ark-Tex Council of Governments,

called the "Subrecipient".

WITNESSETH

WHEREAS, 49 United States Code Section 5311 provides that eligible recipients may receive federal

funds through the Rural Public Transportation Grant Program, a federal assistance program administered

by the Federal Transit Administration to enhance the access of persons living in rural areas to health

care, shopping, education, recreation, public services, and employment by encouraging the

maintenance, development, improvement, and use of passenger transportation systems; and

WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist the Subrecipient in

procuring aid for the purpose of establishing and maintaining public and mass transportation projects

and to administer funds appropriated for public transportation under Transportation Code Chapter 456;

and

WHEREAS, the U.S. Secretary of Transportation approved the State’s request for funding; and

WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation

to receive federal funds under the Section 5311 grant program; and

WHEREAS, the Subrecipient submitted a Fiscal Year 2020 Grant Application (if applicable) for state

financial assistance, and the Texas Transportation Commission approved the application by Minute

Order Number(s) 115743; and,

WHEREAS, the Subrecipient must execute a Grant Application (if applicable) and Fiscal Year

Certifications and Assurances each fiscal year grant period for consideration for new state and federal

Federal §5311 - Formula Grants for Rural Areas Revised 08/26/2013

Project ID #:51018011920 Ark-Tex Council of Go

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grants; and

WHEREAS, a Master Grant Agreement (MGA) between the Subrecipient and the State has been

adopted and states the general terms and conditions for grant projects developed through this PGA;

WHEREAS, The United States Congress passed the Coronavirus Aid, Relief, and Economic

Security(CARES) Act on March 27, 2020, which authorizes funding under the FTA Formula Grants for

Rural Areas Program (49 U.S.C. §5311) to prevent, prepare for, and respond to the Coronavirus

(COVID-19); and

WHEREAS, The President of the United States declared that a major disaster exists in the State of

Texas and ordered Federal assistance to supplement State and local recovery efforts in the areas

affected by the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and

continuing, thus allowing expenses incurred beginning on January 20, 2020 to be eligible for

reimbursement under the CARES Act;

NOW THEREFORE, the State and Subrecipient agree as follows:

AGREEMENT

ARTICLE 1. GRANT TIME PERIOD

This PGA becomes effective when fully executed by both parties or on 03/01/2020, whichever is later.

This PGA shall remain in effect until 10/31/2020, unless terminated or otherwise modified in an

Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and

the Subrecipient has submitted the Grant Application (if applicable) and Certification and Assurances to

the State. The time period of this PGA cannot be extended past the MGA, without exception.

ARTICLE 2. PROJECT DESCRIPTION

A. The Subrecipient shall complete the public transportation project described in the Grant Application ,

the Attachment A - Approved Project Description, and the Attachment B - Project Budget.

Attachments A and B are attached to and made a part of this agreement. The Subrecipient shall

complete the project in accordance with all of the documents associated with the MGA and with all

applicable federal and state laws and regulations.

B. If applicable, the Subrecipient shall begin competitive procurement procedures by issuing an

invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this

grant agreement for the purchase of the approved line items referenced in Attachment A . No later

than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all

bids or privately review proposals. The Subrecipient shall enter into a binding agreement with a

supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The

Subrecipient shall notify the department in writing when it is necessary to exceed these deadlines.

ARTICLE 3. COMPENSATION

The maximum amount payable under this PGA without modification is $1,710,107 and 0 Transportation

Development Credits, provided that expenditures are made in accordance with the amounts and for the

purposes authorized in the Grant Application, the Attachment A, and the Attachment B.



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Invoices are to be submitted electronically through the eGrants system.

ARTICLE 4. AMENDMENTS

Except as noted in the MGA, changes in the scope, objectives, cost, or duration of the project authorized

in this agreement shall be enacted by written amendment approved by the parties before additional work

may be performed or additional costs incurred. Any amendment must be executed by both parties within

the grant period specified in Article 1, Grant Time Period.

ARTICLE 5. INCORPORATION OF MGA PROVISIONS

This PGA incorporates all of the governing provisions of the MGA in effect on the date of final execution

of this PGA, unless an exception has been made in this agreement.

ARTICLE 6. SIGNATORY WARRANTY

Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of

the entity represented.

ARTICLE 7. ACCESS TO INFORMATION

The Subrecipient is required to make any information created or exchanged with the state pursuant to

this contract, and not otherwise excepted from disclosure under the Texas Public Information Act ,

available in a format that is accessible by the public at no additional charge to the state.



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THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate.

THE SUBRECIPIENT

Signature

Chris Brown

Title

Executive Director

Date

Jun 9 2020 5:30PM

Signature

Amanda Yowell

Title

Public Transportation Coordinator

Date

Jun 11 2020 11:52AM

THE STATE OF TEXAS

List of Attachments

A – Approved Project Description

B – Project Budget



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ATTACHMENT A

APPROVED PROJECT DESCRIPTION

As presented in Ark-Tex Council of Governments’ (ATCOG) FY20 5311 CARES Act Grant Application,

ATCOG will provide public transportation throughout the rural transit district service area . ATCOG will

provide demand response service in the rural areas of Bowie, Cass, Delta, Franklin, Hopkins, Lamar,

Morris, Red River and Titus counties. ATCOG will also provide deviated fixed route service in the City of

Mt. Pleasant.

Funding for this 5311 CARES Act project will enable the transit provider to continue operating

established transit routes and to add new services to aid communities during the COVID-19 pandemic.

Some services such as meal delivery and other critical services may be provided during this time. This

project also provides for extra maintenance of transit buses including sanitizing, modifications for social

distancing, and driver and other staff personal protective devices. Benefits of the CARES Act funding

include the provisions of salaries for staff on administrative leave, local agency administration, and

continued connections for travelers between rural areas. CARES Act funding for this project is for all

operational expenses incurred during the contract period, and is eligible for 100% federal

reimbursement. The contract period begins on the date established in Article 1, regardless of a later

execution date.

Transit provider shall comply with Article 12: Project Records and Reports and Article 13 of the Master

Grant Agreement requiring procurement and project milestones / quarterly progress reports. Within 30

days of PGA execution, the subrecipient will provide the TxDOT Public Transportation Coordinator with a

project milestone plan that delineates fund expenditures throughout the contract period.

Per Texas Administrative Code (TAC) 31.47, Audit and Project Close-Out Standards: The subrecipient

shall make every reasonable effort to complete all project activities and request appropriate

reimbursements within the time period specified in the project agreement and TAC 9.136, Suspension or

Termination for Cause: On termination of a subgrant, the unexpended and unobligated funds awarded to

the subgrantee immediately revert to the department (TxDOT).

TxDOT’s Public Transportation Division’s (PTN) Federal Transit Administration overall Disadvantaged

Business Enterprise (DBE) goal for fiscal years 2018 - 2020 is 2.9 percent of funds expended by

grantees. This is not a contract specific goal but an overall goal for annual DBE participation. PTN

grantees should undertake efforts to include DBE businesses in purchasing and contracting

opportunities, and are encouraged to utilize DBE business whenever practicable. The full definition of

DBE program requirements is found in Article 23 of the Master Grant Agreement.



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ATTACHMENT B

PROJECT BUDGET

Description Fuel Type # of

Units

Award

Amount

State

Match

Local

Match

In-Kind

Match

Total

Funds

TDC Match

Ratio

TDC

Amount

#

1 $255,200 $255,200 0Project Administration - 11.79.00

2 $1,242,241 $1,242,241 0EMER RELIEF - OPERATING 100% - 30.09.08

3 $154,000 $154,000 0Preventive Maintenance - 11.7A.00

4 $58,666 $58,666 0Mobility Management - 11.7L.00

Totals: $1,710,107 $0 $0 $0 0$1,710,107

Ark-Tex Council of Go

Federal §5311 - Formula Grants for Rural Areas

Project ID #:51018011920

Revised 08/26/2013

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2.00 EQUAL EMPLOYMENT OPPORTUNITY

2.01 EQUAL EMPLOYMENT OPPORTUNITY

It is the policy of the ATCOG to provide equal employment opportunities to all applicants for employment and to all employees. This is in order to prohibit discrimination against any person in job structuring, recruitment, examination, selection, appointment, placement, training, promotion, demotions, discipline, or any other aspect of personnel administration based on race, age, religion, color, national origin, sex, genetic information or disabilityrace, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state or local laws.. Employment decisions will be made only on the basis of bona fide occupational qualifications and job-related factors such as education, training, experience, knowledge, attitude, aptitude, and necessary skills and abilities to perform a specific job.

In order for Ark-Tex Council of Governments to ensure it is providing a workplace free of any discrimination or unlawful actions, the Board of Directors has approved an Equal Employment Opportunity (EEO) Plan. The agency and its employees will abide by all guidelines in the EEO Plan. The EEO Plan Policy Statement is included as an attachment in this section (Section 2, Equal Employment Opportunity and Affirmative Action), and will hereafter be a permanent document in the ATCOG Policies and Procedures Manual, with amendments as necessary.

2.02 AFFIRMATIVE ACTION

The ATCOG is committed to maintaining and promoting equal opportunities for all qualified employees, applicants for employment, and program services for clients without regard to their race, creed, color, religion, national origin, sex, age, genetic information, disability or any other protected characteristic. race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state or local laws. ATCOG’s commitment, in this regard, creates a positive obligation on the part of all management and participants for the adoption of and compliance with this affirmative action policy. Affirmative action includes, but is not limited to, hiring, placement, employment upgrading, promotions or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and services provided to clients. In addition, ATCOG will actively seek qualified members of minority groups and other protected classes in its services to clients and application and hiring processes.

ATCOG will strictly adhere to the Genetic Information Nondiscrimination Act (GINA) as adopted in May 2008, which prohibits the use of genetic information in any employment decisions. Any genetic information obtained inadvertently or willfully conveyed by the employee to the employer will be kept confidential and must be kept apart from the personnel file, but will be kept in the medical information file.

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2.05 HARASSMENT/BULLYING

It is the policy of the ATCOG to provide an employment environment free of harassment or bullying including, but not limited to, sexual, ethnic, racial, or religious harassment, sexual exploitation, and intimidation or aggressive behavior.

1. GENERAL HARASSMENT: Any and all forms of general harassment are strictlyprohibited. Slurs, jokes, innuendoes, or other negative verbal or physical conduct intendedto demean an applicant, employee or client’s national origin, race, color, creed, genetics,sex or religious beliefsrace, color, religion, age, sex, national origin, disability status,genetics, protected veteran status, sexual orientation, gender identity or expression shallconstitute harassment when it has the purpose or effect of creating an intimidating, hostile,or offensive working environment; or has the purpose or effect of interfering with anemployee’s work performance; or has an adverse employment effect on an applicant oremployee; or has an adverse effect on services provided to a client or program participant.However, this policy is not intended to prohibit the employer from constraining the practiceand/or promotion of certain religious acts, creeds, ceremonies, displays, or the attempt atimposing views or attitudes regarding such on others. These actions may in themselves beconsidered forms of harassment.

14.04 GRIEVANCE POLICY/PROCEDURES

The Executive Director has developed and implemented such procedures as necessary to insure a swift response and equitable handling of employee grievances, as follows:

STEP 1.

1. An employee who has a grievance on one or more of the grounds listed above in Section14.02 shall first present the grievance in writing to his/ her immediate supervisor. Step 1will only be utilized if there is a supervisory level between the employee and the Director.

2. Within five (5) working days after receiving a grievance from an employee, the supervisorshall set a date and time to discuss the employee’s grievance. The supervisor will askquestions and listen carefully to arrive at a full understanding of the employee’s point ofview. If the supervisor and employee can arrive at a resolution of the complaint, thesupervisor will prepare a memo within five (5) working days and include the following:

a. Name of employee;b. Summary of employee’s grievance & attach copy of written grievance;c. Date of discussion;d. Other people present at the meeting, if any;e. And, resolution offered.

3. The supervisor will incorporate a statement in the memo that reads, “I hereby acknowledgethat I am satisfied with the resolution of my grievance as stated in this memo and wish nofurther consideration.” The aggrieved employee will be asked to sign and date thestatement.

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4. If no agreement can be reached, the aggrieved employee must provide a written statementdefining the basis for them not having reached an agreement, a copy of which is given tothe employee and a copy will be placed in the employee’s personnel file.

5. If no resolution is reached, the supervisor will prepare a memo within five (5) workingdays of the discussion, containing information set forth in para 2 above, except that under“e. Resolution,” the supervisor will summarize the resolution offered, note that there wasno agreement, and include any responses by the employee as to why the offered resolutionis unacceptable. The memo will advise the aggrieved employee that he/she can request afurther review by the appropriate Director within five (5) working days of the date of thememo.

STEP 2.

1. If no resolution is reached in Step 1, an employee requesting a Step 2 review must do sowithin five (5) working days after receipt of memo in Step 1 above. The request for Step2 review must be in writing, the information must be specific in nature with a statement ofthe specific corrective or remedial action requested, and the employee’s reasons whyresolution could not be reached at the supervisor level.

2. Upon receipt of a request for Step 2 review, the Director shall:

a. Make a determination on merits of a further review based upon the followingcriteria that must be demonstrated by the employee:

(1) Significant relevant factors were not considered by the Supervisor; and/or

(2) Supervisor has a conflict of interest and/or personal stake in the outcomeof this decision; and/or

(3) A policy or procedural violation or error has occurred, affecting theSupervisor’s decision; and/or

(4) Harm to the employee has been done that must be addressed or rectified;and/or

(5) The decision or proposed resolution offered is inherently biased orprejudicial to the employee or violates other ATCOG policy or a state orfederal law.

b. If merited, schedule a meeting within ten (10) working days from date of receiptof request for Step 2 review to consider the grievance;

c. Notify aggrieved employee in writing of date, time, and place;

d. Notify aggrieved employee of the opportunity to amend the grievance prior to theStep 2 meeting by submitting any proposed amendment in writing. However, theamendment will include only new information relative to the initial complaint thatmay have been discovered after the complaint was filed, and their perceivedjustifications for further consideration or review.

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e. Advise the aggrieved employee to submit the name(s) of person(s) whom theemployee feels has information or knowledge relevant to the complaint and whoseattendance the employee considers necessary for a fair determination on the issues.

f. Documentation that supports the employee’s allegations of error,omissions, or conflict of interest by the Supervisor.

g. Convene the meeting on the appointed date and listen carefully to the employee,supervisor, and all others having relevant information to share, to attempt to arriveat a full understanding of the employee’s point of view, ask questions, and gatherand record any information available.

h. Ascertain if the aggrieved employee and his/her supervisor have presented all thefacts, data, etc., bearing on the grievance that the employee and all relevant personswish to present.

i. Advise the aggrieved employee that he/she will receive the decision in writing notlater than ten (10) working days after the Step 2 meeting.

j. Issue a decision within ten (10) working days to the employee and his/hersupervisor after the Step 2 meeting. The memo should include notification to theaggrieved employee that if he/ she is not satisfied with the decision, a request forreview by the Executive Director should be submitted in writing within ten (10)working days after receipt of the Director’s decision. Such request must includeadequate justification to substantiate further review.

k. The Director will ask the employee to sign and date the following statement, “Ihereby acknowledge that I have received a copy of this memo and have beenadvised of my right to request a review by the Executive Director.”

STEP 3.

1. If the employee feels the decision rendered by the Director was in error, the employee maysubmit a written request within ten (10) working days after receipt of the Director’sdecision asking for review by the Executive Director. Such request must include astatement by the employee supporting their contention that the Director significantly erredin judgment or determination sufficient to merit further review or consideration of thegrievance.

2. Upon receipt of a request for review by the Executive Director, the Executive Director shallmake a determination on the merits of further review based upon the following criteria:

a. Evidence that all prior reviews failed to consider substantive, relevant informationfavorable to the employee; and/or

b. That previous reviewers had a personal stake in the outcome of their decisionbeyond those appropriate to the interest of the agency or their position; and/or

c. That significant mitigating circumstances served to foster aninappropriate, unfair, prejudicial or unacceptable resolution; and/or

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d. That the issue(s) involved can only be resolved by the ExecutiveDirector.

3. If the grievance merits further consideration, the Executive Director will schedule ameeting within fifteen (15) working days from date of receipt of request for a Step 3meeting to consider the grievance.

a. Follow steps 2. c. through 2. i. above for procedures for Step 3.

b. Issue a decision in writing to the aggrieved employee within ten(10) working days after Step 3 meeting date.

c. The Executive Director will ask the employee to sign and date the followingstatement, “I hereby acknowledge that I have received a copy of this memo.”

d. ALL decisions by the Executive Director are final except in exigent circumstancesshown below in 4.

4. Only those grievances reflecting conditions as follows shall be heard beyond the ExecutiveDirector.

a. Grievances directly against the Executive Director that involve allegations ofwrong doing or discrimination based on race, religion, color, sex, ethnic or national origins, age, or disabilityrace, color, religion, age, sex, national origin, disabilitystatus, genetics, protected veteran status, sexual orientation, gender identity orexpression;

b. Grievances in which the Executive Director determines there are significantcharges or issues that may prove embarrassing to ATCOG that the Board ofDirectors needs to be made aware of or consider;

c. Grievances where serious physical or mental injury has been demonstrated by the employee that may require mitigation orcompensation.

ATTACHMENT A

CODE OF ETHICS

Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain.

I. Serve the Public Interest

Serve the public, beyond serving oneself.

ATCOG employees shall:

a. Exercise discretionary authority to promote the public interest.b. Adhere to all laws and regulations that provide equal opportunity for all Americans, regardless

of race, color, religion, sex, national origin, age, or handicaprace, color, religion, age, sex,

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national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression.

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ETHICS MANUAL CHANGES III. EQUAL OPPORTUNITY EMPLOYMENT

A. GENERAL POLICY

Ark-Tex Council of Governments (ATCOG) is an equal opportunity employer. It is the policy of ATCOG to promote and ensure equal employment opportunities to all applicants for employment and to all employees regardless of race, color, disability, religion, sex, genetic information, national origin or agerace, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression..

This Equal Opportunity Employment Policy is adopted to prohibit discrimination against any person in job structuring, recruitment, examination, selection, appointment, placement, training, promotion, demotions, discipline, or any other aspect of personnel administration based on race, age, religion, color, genetic information, national origin, sex, or disability race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression. Employment, promotion, demotion, training, discipline and any related decisions will be made only on the basis of bona fide occupational qualifications and job-related factors such as education, training, experience, knowledge, attitude, aptitude, and necessary skills and abilities to perform a specific job. Discrimination has no place at ATCOG and will not be tolerated.

B. AFFIRMATIVE ACTION

The ATCOG is committed to maintaining and promoting equal opportunities for all qualified employees, applicants for employment, and program services for clients without regard to their race, creed, color, religion, genetic information, national origin, sex, age, disability or any other protected characteristic. race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression. ATCOG’s commitment, in this regard, creates a positive obligation on the part of all management and participants for the adoption of and compliance with this affirmative action policy. Affirmative action includes, but is not limited to, hiring, placement, employment upgrading, promotions or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and services provided to clients. In addition, ATCOG will actively seek qualified members of minority groups and other protected classes in its services to clients and application and hiring processes.

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5.00 COMPENSATION

5.04 GENERAL PROVISIONS

3. Introductory Period: Each new employee will serve an introductory period not to exceednine (9) months. Only employees who meet satisfactory performance standards during thisperiod shall be retained. An employee shall not be retained when, in the judgment ofhis/her supervisor and the Executive Director, the employee’s performance and/or qualityof work are not such as to merit retention in the job. Unsatisfactory or below standardperformance resulting in termination may occur at any time within this period and shall notbe considered part of the disciplinary process. An employee who fails during theintroductory period may be separated from ATCOG service, or if desirable andadvantageous to the Agency, may be transferred to a more suitable position if such aposition is available. A new employee will have a performance evaluation at the end ofthree months of employment, at six months, and again at the end of nine months.Supervisors will notify Human Resources when may recommend employees are to beremoved from the introductory period. Employees must have completed six months ofjob performance before being removed from the introductory period. upon completing sixmonths of job performance. Managers and/or supervisors will assure that new employeesare given proper training, counseled concerning lack of performance or deficits and whatcan and should be done to improve performance, and then given an opportunity to respondand improve performance or demonstrate inability.

5. Promotion: When an employee is selected for promotion, the rate of pay will be set inthe new grade at a step that equals or exceeds two steps of the grade from which theemployee is being promoted. When an employee receives a promotion, he/she will servean introductory period not to exceed nine (9) months in the new position. A promotedemployee will have a performance evaluation at the end of six months and again at theend of nine months. Supervisors will notify Human Resources when may recommendemployees are to be taken off the introductory period. upon completing six months in thenew position. Employees must have completed six months of job performance in the newposition before being removed from the introductory period. If the employee fails to meetsatisfactory performance in the new position, the introductory period may be extended bythree months. If the employee continues to fail to meet satisfactory performance in thenew job after serving a at the end of the nine-month introductory period, he/she may bedowngraded to an available job for which qualified, or the employee may be terminated.If the employee is downgraded, the rate of pay will be set at a step in the job to whichdowngraded equal to or less than the pay the employee received prior to the promotion.In no case will the rate of pay in the job to which downgraded exceed the rate of payreceived in the job prior to promotion.

15.03 EMPLOYEE PERFORMANCE EVALUATIONS REVIEWS

The Executive Director will implement a system to subjectively evaluate every employee’s job performance at regular intervals.

1. Employee job performance evaluations shall be conducted as follows:

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a. At the end of the first six months following initial hire date and again at the end ofnine months (unless the introductory period is lifted at six months). Quarterlyaccording to the established schedule below:

1st Quarter – June-August 2nd Quarter – September-November 3rd Quarter – December-February 4th Quarter – March-May

b. At the end of the first six months following the date an employee assumes a newposition within the organization and again at the end of nine months (unless theintroductory period is lifted in six months). For example, when an employee isassigned duties not previously included in their current position, or when anemployee is selected for promotion to a higher grade, etc.

c. Each year thereafter, receipt of which is due no later than June 30th each year.

d. A n evaluation review can be performed at any time at the request of the supervisor,either when the supervisor deems job performance warrants a merit increase ornotices a significant decline in the quality of job performance. Note: Anevaluation A performance review is necessary for recommendation of a merit payincrease.

(Rev. 12/8/2016)

2. Quarterly reviews can be completed and submitted during the last week of the reviewquarter but no later than the first week of the next quarter.

2.3. Every employee performance reviewevaluation shall be in written form.

3.4. The employee’s immediate supervisor shall conduct the evaluation review and the results will be discussed with the employee.

4.5. Each employee will be given the opportunity to respond, in writing, to any portion of the review. evaluation. Such response, if any, will become a permanent part of the review. evaluation.

5.6. The Executive Director may review employee performance reviews. evaluations. The Executive Director shall have the authority to accept or reject and/or make written comments to the review. evaluation.

6.7. Employee performance reviews evaluations will become a permanent part of the employee’s personnel record.

8. A Nnew employee’s first review will be due during the first pre-established quarter afterthe hire date unless the hire date is within the last month of the quarter. If hired during thelast month of the quarter, the first review will be due during the next pre-established quarterafter hire date. Supervisors will establish goals and objectives for new hires within oneweek of hire date.

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Ark-Tex Council of Governments

Investment Policy

Purpose: The purpose of the policy is to establish the procedures to be followed in investing Ark-Tex Council of Governments funds.

1.0. Policy

It is the policy of the Ark-Tex Council of Governments (ATCOG) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting ATCOG’s daily cash flow demands and conforming to all federal, state and local statutes governing the investment of public funds.

2.0. Prudence

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived. The strategy of the pool is to assure cash flows are matched with adequate liquidity.

3.0. Objective and Strategy

The primary objectives, in priority order, of ATCOG’s investment activities shall be:

(a) Safety: Safety of principal is the foremost objective of the investmentprogram. Investments of the ATCOG shall be undertaken in a manner thatseeks to ensure the preservation of capital.

(b) Liquidity: The ATCOG’s investments will remain sufficiently liquid toenable the ATCOG to meet all operating requirements which might bereasonably anticipated.

(c) Yield: ATCOG’s investments will be limited to relatively low risksecurities in anticipation of earning a fair return relative to the risk beingassumed.

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4.0. Delegation of Authority

The ATCOG’s Finance Manager is hereby designated as the ATCOG’s Investment Officer. The Investment Officer shall be responsible for the implementation of this policy. The Investment Officer shall attend at least one training session within twelve months of assuming duties. The Investment Officer is granted the authority to deposit, withdraw, invest and manage the program.

5.0. Ethics and Conflicts of Interest

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. The Investment Officer shall disclose to the Texas Ethics Commission and the ATCOG’s Board of Directors any personal business relationship or material financial interests with anyone attempting to sell an investment to the ATCOG.

6.0. Authorized and Suitable Investments

The Investment Officer may invest in:

(a) Interest Bearing Checking Accounts at ATCOG’s designated depositorybank;

(b) Eligible Investment Pools; or(c) Such other investments as the governing body may authorize that are in

accordance with federal and state laws and local statutes.

7.0 Maximum Maturities

To the extent possible, the ATCOG will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the ATCOG will not directly invest in securities maturing more than one year from date of purchase. The dollar weighted average maturity for the investment pool fund group will not exceed 180 days.

8.0. Internal Control

The Investment Officer shall establish an annual process of independent review by an external auditor. The review will provide internal control by assuring compliance with policies and procedures.

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9.0 Investment Policy Adoption

This policy shall be adopted by the ATCOG’s Board of Directors and shall be reviewed as needed by the Board. Any modifications made thereto must be approved by the ATCOG Board of Directors.

____________________________ L. D. Williamson, PresidentBoard of DirectorsArk-Tex Council of Governments

ATTEST:

_______________________

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ARK-TEX COUNCIL OF GOVERNMENTS

RURAL TRANSIT DISTRICT TITLE VI PLAN

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4808 Elizabeth Street, Texarkana, TX 75503 903.255.3553 www.atcog.org

TABLE OF CONTENTS

Description of Service……………………………………………………........3-4

Notice to the Public………………………………………………………........5-7

Complaint Procedures & Forms…………………………………………….8-19

Transit-Related Title VI Investigations, Complaints & Lawsuits ………. ….20

Public Participation Plan……………………………………………………21-30

Language Assistance Plan…………………………………………………31-44

Membership of Non-Elected Committees & Councils…………………........45

Description of Service Ark-Tex Council of Governments’ Rural Transit District (TRAX) provides low-cost transportation services (demand response) for residents in Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus counties. Transportation is provided to key locations including but not limited to, medical appointments, shopping, social activities, work, etc. Services are provided to the public with special emphasis on transportation for seniors, individuals with disabilities, and low-income families and individuals. Curb-to-curb services are available to all passengers. Fares are charged for non-subsidized trips and 24 hour advance notice is required in order to schedule a trip.

TRAX supervises the demand-response schedules and oversees the operation of the transit system to assure compliance with non-discriminatory provisions pursuant to Title VI of the Civil Rights Act of 1964, as amended.

Of all 47 transit employees (administration, operations and maintenance) 38% are members of minority groups. The following is a comparison of all transit agency personnel and the general population of the 9-county region:

Personnel Service Area

White 62% 71% African-American 36% 15%

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http://www.atcog.org/

http://www.atcog.org/

Hispanic 0% 11% Native American 2% 1% Asian 0% .63% Other 0% 1.8%

Women are not shown as a minority group in the above percentages. However, women comprise 18% of all transit employees at TRAX. According to demographic information released in the 2010 Census, 32% of the entire population of the rural transit district is composed of members of minority groups. The population of the Rural Transit District was reported as 316,598 in the 2010 Census. The Rural Transit District consists of Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River and Titus Counties.

All vehicles are ADA accessible with wheelchair lifts and/or ramps. All drivers are trained in Passenger Sensitivity, and have CPR-First Aid Certification.

Description of Services (cont.)

TRAX utilizes a 30 minute to one hour time window before the scheduled time of pickup. Scheduling and dispatch software monitors the on-time performance of drivers in the nine county area which can generate reports for review as needed. The software helps to route the buses in a timely manner and helps drivers remain cost effective fuel levels. Our dispatchers are trained in skillful communication with various population groups, including those who need language-assistance to schedule a ride.

TRAX services are based on strong public participation utilizing public meetings, rider surveys, local health and human services agencies and input from our local governments throughout the region to develop services that would meet the needs of the residents in the nine county region that target low-income, minority, transit generators (i.e., deeply populated census blocks), and transit attractors (i.e., businesses, work sites, health and human service agencies.

TRAX Transportation announces, "Paris Metro" Service Fixed-Route bus service in Paris, TX. Paris Metro Service operates Monday-Friday 6:30am-6:30pm. Both routes combined does about 175 trips per day. Load for each mode is 1.3%, with a 30 minute headway. On-time performance at 91%. Complementary ADA Paratransit service is available for those unable to access the fixed routes with specific amenities included .These are: bus stop signage, benches, shelters, trash receptacles, and schedule information. Each route has a schedule or timetable that lists the departure/arrival times of the bus along that route.

TRAX Transportation announces the expansion of the Greyhound "Connect" Service to 7 days a week. The Fixed-routes operate from Paris to Mt. Pleasant, Linden to Texarkana and DeKalb to Texarkana, with stops in communities along the routes.

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TRAX also utilizes a deviated fixed route in Mt. Pleasant. The bus operates along a route with a regular schedule, but can also leave the route to accommodate requests for “off-route” drop-offs or pick-ups. The number of deviations per run is limited and must be scheduled in advance.

The Transportation Manager oversees the Transit System and reports directly to the Executive Director. Listed below is the contact information for the Title VI Coordinator:

Steven McGary, Transportation Planner

4808 Elizabeth Street Texarkana, TX 75503

903.255.3542/[email protected]

Notice to the Public

Title VI is a federal law that protects individuals or groups, regardless of citizenship, from discrimination on the basis of race, color and national origin. Other related regulations prohibit discrimination based on sex, age and disability. The Title VI plan summarizes how any person who believes him or her, individually, or as a member of any specific class has been subject to discrimination may file a complaint. The TRAX Title VI Plan outlines the department’s roles, responsibilities and procedures to ensure compliance with Title VI. The Title VI Plan is required to be updated every three years. “General Requirements and Guidelines” of the Federal Transit Administration’s Circular C 4702.1B.

Executive Committee shall be responsible for carrying out the policies and programs as established by the Board of Directors and be responsible for the management of its funds, the determination of regional plans to be undertaken, the authorization of contracts, and the application for grants.

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https://www.google.com/url?sa=i&url=https://atcog.org/about-us&psig=AOvVaw0iSU3m3-_2xd0dTxvXghWq&ust=1591297508334000&source=images&cd=vfe&ved=0CAIQjRxqFwoTCPDNx6ir5ukCFQAAAAAdAAAAABAD

Ark-Tex Council of Governments (ATCOG) operates its programs and services without regard to race, color, religion, sex, national origin or disability in accordance with Title VI of the Civil Rights Act. Any person who believes he or she has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the Ark-Tex Council of Governments.

For more information on ATCOG’s Civil Rights program and the procedures to file a complaint contact 903.255.3452; [email protected]; or visit our office at 4808 Elizabeth Street, Texarkana, TX 75503. For more information visit www.atcog.org/ transportation-programs.

A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attn: Title VI Program Coordinator, East Building, 5th Fl If information is needed in another language, please contact 903.255.3542. Si necesita información en otro idioma, por favor póngase en contacto con 903.255.3452oor-TCR, 1200 New Jersey Ave. SE, Washington, DC 20590

Title VI Information Dissemination

How information will be provided to the public: ATCOG’s Rural Transit District operates programs without regard to race, color and national origin and public notices clarify that our Title VI program provides procedures for the public to follow to request additional information on our nondiscrimination obligations.

TRAX will utilize the ATCOG website (www.atcog.org/transportation-programs) to publish the program’s approved Title VI plan. TRAX will also include Title VI language in informational brochures distributed to various social service agencies, to the public during community events, to regular and potential passengers and other opportunities as they arise. Brochures are also available in Spanish.

How information will be provided to TRAX employees: During New Employee Orientation, new employees shall be informed of the provisions of Title VI and ATCOG’s expectations that employees will perform their duties accordingly. All employees shall be provided a copy of the approved Title VI plan and are required to sign the Acknowledgement of Receipt. Ongoing reminders of anti-discriminatory behavior and actions will be conducted periodically at the supervisory level during regularly scheduled staff meetings.

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http://www.atcog.org/transportation





Monitoring and Updating LEP Plan

ATCOG will update the LEP Plan as required. At a minimum, the plan will be reviewed and updated when data from the LEP Special Tabulation of 2010 Data becomes available for the Ark-Tex Council of Governments region, or when it is clear that higher concentrations of LEP individuals are present in the ATCOG service area. Updates will include the following:

1. The number of documented LEP person contacts encountered annually.2. How the needs of LEP persons have been addressed.3. Determination of the current LEP population in the service area.4. Determination as to whether the need for translation services has changed.5. Determine whether local language assistance programs have been effective

and sufficient to meet the need.6. Determine whether ATCOG financial resources are sufficient to fund

language assistance resources.7. Determine whether ATCOG fully complies with the goals of this LEP Plan.8. Determine whether complaints have been received concerning the agency’s

failure to meet the needs of LEP individuals.9. Maintain a Title VI complaint log, including LEP to determine issues and basis

of complaints.

Dissemination of the ATCOG LEP Plan 1. State on agendas and public notices in the language that LEP persons would

understand that documents are available in that language upon request at903.255.3553.

2. When ATCOG sponsors an informational meeting or event, an advancedpublic notice of the event should be published including special needsrelated to offering a translator (LEP) or interpreter (sign language for hearingimpaired individuals.) Additionally, a staff person may greet participants asthey arrive. By informally engaging participants in conversation it is possibleto gauge each attendee’s ability to speak and understand English. Althoughtranslation may not be able to be provided at the event, it will help identifythe need for future events.

Providing Assistance to and Monitoring Sub-recipients 1. We have no sub-recipients.

Know Your Rights

Ark-Tex Council of Governments operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful

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discriminatory practice under Title VI may file a complaint with the Ark-Tex Council of Governments.

For more information on ATCOG’s Civil Rights program and the procedures to file a complaint contact 903.255.3452; [email protected]; or visit our office at 4808 Elizabeth Street, Texarkana, TX 75503. For more information visit www.atcog.org/ transportation-programs. A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attn: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave. SE, Washington, DC 20590. If information is needed in another language, please contact 903.255.3542. Si necesita información en otro idioma, por favor póngase en contacto con 903.255.3452.

Conozca sus derechos

Consejo de gobiernos Ark-Tex opera sus programas y servicios sin importar raza, color y origen nacional según el título VI de la ley de derechos civiles. Cualquier persona que cree que él o ella ha sido agraviado por cualquier práctica discriminatoria ilegal bajo el título VI puede presentar una queja ante el Consejo de gobiernos de Ark-Tex.

Para más información sobre los derechos civiles de ATCOG programa y los procedimientos para presentar una queja con 903.255.3452; [email protected]; o visite nuestra oficina en 4808 Elizabeth Street, Texarkana, TX 75503. Para obtener más información, visite www.atcog.org/transportation-programs.

Un demandante puede presentar una queja directamente con la administración de tránsito Federal por archivar una queja con la oficina de derechos civiles, atención: Coordinador del programa Título VI, edificio Oriente, piso 5 º-TCR, 1200 New Jersey Avenue SE, Washington, DC 20590.

Si necesita información en otro idioma, por favor póngase en contacto con 903.255.345

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Title VI Complaint Procedures

This section outlines the Title VI Complaint Procedures related to providing programs, services and benefits. However, it does not deny the complainant the right to file formal complaints with the Equal Employment Opportunity Commission, Federal Transit Administration (FTA), and the Texas Department of Transportation (TxDOT), or seek private counsel for complaints alleging discrimination, intimidation or retaliation of any kind that is prohibited by law.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs receiving federal financial assistance.

Any person who believes he or she, individually or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, or national origin as noted below may file a written complaint with the Ark-Tex Council of Governments Transportation Program Title VI Coordinator at 4808 Elizabeth Street, Texarkana, TX 75503. Complainants have the right to complain directly to the appropriate federal agency. Every effort will be made to obtain early resolution of complaints. The option of informal meeting(s) between the affected parties and the Title VI Coordinator may be utilized for resolutions. The Title VI Coordinator will notify the Transportation Manager and Executive Director of all Title VI related complaints as well as all resolutions. TRAX will notify the PTC of any Title VI complaints received no later than 10 business days of the receipt of the complaint.

Procedures

1. The complaint must meet the following requirements: a. Complaint must be in writing and signed by the complainant(s). In cases where

the Complainant is unable or incapable of providing a written statement, a verbal complaint may be made. The Title VI Coordinator will interview the Complainant and assist the person in converting verbal complaints to writing. All complaints must, however, be signed by the Complainant or his/her representative.

b. Include the date of the alleged act of discrimination, date when the complainants became aware of the alleged act of discrimination, the date on which that conduct was discontinued or the latest instance of conduct.

c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint.

d. Federal and state law requires complaints be filed within 180 calendar days of the alleged incident.

2. Upon receipt of the complaint, the Title VI Coordinator will determine need for additional information, and will investigate the merit of the complaint.

3. The Complainant will be provided with a written acknowledgement that ATCOG has either accepted or rejected the complaint.

4. A complaint must meet the following criteria for acceptance: a. The Complaint must be filed within 180 days of the alleged occurrence. b. The allegation must involve a covered basis such as race, color or national origin

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c. The allegation must involve ATCOG Transportation Services of one of its Federal-Aid subcontractor, or contractor.

5. A complaint may be dismissed for the following reason: a. The Complainant requests the withdrawal of the complaint. b. The Complainant fails to respond to repeated requests for additional information

needed to process the complaint. c. The Complainant cannot be located after reasonable attempts.

6. Once ATCOG’s Title VI Coordinator decides to accept the complaint for investigation, the Complainant will be notified in writing of such determination. The complaint will receive a case number and will be tracked on a log that will identify the complainants name, basis, alleged harm, race, color and national origin of the Complainant.

7. Once ATCOG’s Title VI Coordinator completes the investigation a report will be submitted to the Executive Director within 90 calendar days from the date of the acceptance of the complaint. The report will include a narrative description of the incident, identification of persons interviewed, findings and recommendations for disposition.

8. The report and its findings will be reviewed by the Title VI Coordinator and the Executive Director and in some cases may be reviewed by ATCOG’s Legal Counsel. The report will be modified as needed.

9. The Executive Director will make a determination on the disposition of the complaint. Dispositions will be stated as follows:

a. In the event ATCOG is in non-compliance with Title VI regulations remedial actions will be listed.

10. Notice of the Executive Director’s determination will be mailed to the Complainant.Notice shall include information regarding appeal rights of Complainant and instructions for initiating such an appeal. Notice of appeals are as follows:

a. ATCOG will reconsider this determination, if new facts come to light. If Complainant is dissatisfied with the determination and/or resolution set forth by ATCOG, the same complaint may be submitted to the Federal Transit Administrator (FTA) for investigation. Complainant will be advised to contact the Title VI Program Coordinator, Federal Transit Administration Office of Civil Rights, East Building, 5th Floor-TCR, 1200 New Jersey Ave. SE, Washington, DC 20590.

11. A copy of the complaint and ATCOG’s investigation report/letter of finding and Final Remedial Action Plan, if appropriate will be issued to FTA within 120 days of the receipt of the complaint.

12. A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA.

If the complainant is not satisfied with ATCOG resolutions, complaint forms (also available in Spanish) can be obtained from the Ark-Tex Council of Governments Rural Transit District, located at 4808 Elizabeth Street, Texarkana, TX 75503 and is also available on the ATCOG website at www.atcog.org/transportation-programs. TRAX will notify TxDOT within 10 working days of any complaints filed with them. If information is needed in another language, please contact 903.255.3542.

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Complaints can also be directly filed with the following agencies:

Texas Department of Transportation Attn: TxDOT-PTN 125 East Street Austin, TX 78701-2483

Federal Transit Administration Region 6 Office 819 Taylor Street, Room 8A36 Fort Worth, TX 76102

U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Ave., SE Washington, DC 20590

Record Keeping Requirements

The Title VI Coordinator will ensure that all records relating to ATCOG’s Title VI Complaint Process are maintained with transportation department records. Records will be available for compliance review audits. As a result of the investigation, the Title VI Coordinator will issue one of two letters to the Complainant: a Closure Letter (unsubstantiated) or a Letter of Finding (LOF) (substantiated). A Closure Letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. An LOF summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff members, or other action will occur. If the complainant wishes to appeal the decision, he/she has 10 business days after the date of the letter or the LOF to do so.

Appeals Process Appeal to the ATCOG Executive Director must be in writing, filed within 30 business days of the mailing of findings to the Complainant, and must include the name, address, telephone number of the complainant and must state the basis why the Complainant believes the resolution of the complaint was not correct. The Executive Director will set a mutually agreed upon time and place for review and consideration of the appeal with the Complainant. The Executive Director will issue a written determination of the appeal within 15 business days of the date of the review meeting.

Appeals to the Federal Transit Administration may be submitted to Federal Transit Administration, Office of Civil Rights, Attn: Title VI Coordinator, East Building, 5th Floor, TCR, 1200 New Jersey Avenue SE, Washington, DC 20590. Implementation of Remedial Actions

If, at any time, a policy violation is found to exist, the appropriate remedial steps will be taken immediately and documented accordingly.

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Título VI Procedimientos Esta sección describe los título VI procedimientos relacionados a proporcionar programas, servicios y beneficios. Sin embargo, no niega al demandante el derecho de presentar quejas formales con la Comisión de oportunidad igual de empleo, administración de tránsito Federal (FTA) y el Departamento de transporte de Texas (TxDOT), o buscar a Consejo privado para quejas por discriminación, intimidación o represalias de cualquier tipo que esté prohibida por la ley.

Título VI de la ley de derechos civiles de 1964 prohíbe la discriminación por raza, color u origen nacional en programas que reciben asistencia financiera federal.

Cualquier persona que cree que él o ella, individualmente o como miembro de cualquier clase específica de personas, ha sido víctima de discriminación por motivos de raza, color u origen nacional como se indica a continuación puede presentar una queja por escrito con Ark-Tex Consejo de gobiernos transporte Coordinador del programa Título VI en 4808 Elizabeth Street, Texarkana, TX 75503. Los denunciantes tienen el derecho a reclamar directamente a la Agencia federal apropiada. Se hará todo lo posible para obtener la pronta resolución de las quejas. La opción de las reuniones informales entre las partes afectadas y el Coordinador del título VI puede ser utilizada para las resoluciones. El título VI Coordinador notificará al Gerente de transporte y Director Ejecutivo de todo título VI relacionados con quejas, así como todas las resoluciones. TRAX notificará el PTC de quejas título VI recibidas no más tarde de 10 días hábiles de la recepción de la queja.

El Procedimiento

1. La queja debe cumplir los siguientes requisitos:a. Queja debe ser por escrito y firmado por los reclamantes. En casos donde el

demandante es incapaz o incapaces de proporcionar una declaración escrita, sepuede hacer una queja verbal. El Coordinador del título VI se entrevista aldenunciante y ayudar a la persona convertir quejas verbales a la escritura. Sinembargo, todas las quejas se deben firmado por el demandante o surepresentante. Incluir la fecha del presunto acto de discriminación, se suspendióla fecha cuando los denunciantes se dio cuenta del presunto acto dediscriminación, la fecha en la que realizar o la más reciente instancia deconducta.

b. Presentar una descripción detallada de los temas, incluidos los nombres ycargos de los individuos percibidos como partes en la demanda.

c. Ley federal y estatal requiere que las quejas se presentada dentro de 180 díasdespués del incidente.

2. Al recibir la denuncia, el Coordinador del título VI determinará la necesidad deinformación adicional y el mérito de la queja a investigar.

3. El denunciante proporcionará un reconocimiento escrito que ATCOG ha aceptado orechazado la queja.

4. Una queja debe cumplir los siguientes criterios para la aceptación:a. La queja debe ser presentada dentro de 180 días de la supuesta aparición.b. La denuncia debe incluir una base cubierta tales como raza, color u origen

nacional

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c. El alegato debe involucrar a ATCOG servicios de transporte deuno de sus subcontratistas de ayuda Federal o contratista.

5. Una queja puede ser despedida por la siguiente razón:a. El demandante pide la retirada de la queja.b. La organización querellante no respondió a repetidas solicitudes de información

adicional necesaria para procesar la denuncia.c. El demandante no puede ser localizado después de intentos razonables.

6. Una vez título VI Coordinador de ATCOG decide aceptar la denuncia para lainvestigación, la organización querellante se notificará por escrito de tal determinación.La queja recibirá un número de caso y estará con un registro que identifique nombre dequerellantes, base, daño presunto, raza, color y origen nacional de la organizaciónquerellante.

7. Una vez que el Coordinador del ATCOG título VI completa la investigación que uninforme será presentado al Director Ejecutivo dentro de 90 días calendario desde lafecha de la aceptación de la queja. El informe incluirá una descripción narrativa de loshechos, identificación de las personas entrevistadas, conclusiones y recomendacionespara la disposición.

8. El informe y sus conclusiones serán revisadas por el Coordinador del título VI y elDirector Ejecutivo y en algunos casos pueden ser revisadas por el asesor jurídico deATCOG. El informe se modificará según sea necesario.

9. El Director Ejecutivo hará una determinación sobre la disposición de la queja.Disposiciones se declaró como sigue:

a. En el caso de ATCOG es en no cumplimiento con las regulaciones de título VImedidas correctivas se listarán.

10. Aviso de la determinación del Director Ejecutivo se enviará al reclamante. Notificacióndeberá incluir información sobre los derechos de apelación de la querellante y lasinstrucciones para iniciar tal apelación. Aviso de apelación son los siguientes:

a. ATCOG reconsidere esta determinación, si nuevos hechos salen a la luz. Si elquerellante está satisfecho con la determinación o resolución de ATCOG, lamisma queja puede presentarse para el administrador de tránsito Federal (FTA)para la investigación. Querellante se aconseja ponerse en contacto con elCoordinador del programa Título VI Federal tránsito Administración Oficina dederechos civiles, este edificio, piso 5 º-TCR, 1200 New Jersey Avenue SE,Washington, DC 20590.

11. Una copia de la demanda e investigación informe o carta de ATCOG de conclusiónyFinal acción Plan de remediación, si procede emitirá a FTA dentro de 120 días de larecepción de la queja.

12. Un resumen de la denuncia y su resolución se incluirá como parte del título VIactualizaciones al TLC.

Si el demandante no está satisfecho con las resoluciones ATCOG, formularios de queja (también disponibles en Español) pueden obtenerse el Ark-Tex Consejo de gobiernos tránsito distrito Rural, situado en 4808 Elizabeth Street, Texarkana, TX 75503 o en el sitio web ATCOG en www.atcog.org/transportation-programs. TRAX notificará a TxDOT dentro de 10 días hábiles de cualquier denuncias con ellos. Si necesita información en otro idioma, por favor póngase en contacto con 903.255.3542.

Las quejas también pueden presentarse directamente con los siguientes organismos:

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Departamento de transporte de Texas Attn: TxDOT-PTN 125 East Street Austin, TX 78701-2483

Oficina de región 6 de la administración de tránsito federal 819 Taylor Street, Room 8A36 Fort Worth, TX 76102

Oficina del Departamento de transporte estadounidense de derechos civiles 1200 New Jersey Ave., SE Washington, DC 20590

Requisitos de mantenimiento de registros

El Coordinador del título VI se asegurará de que todos los registros relativos al proceso de denuncia de ATCOG título VI se mantienen con los registros del Departamento de transporte. Los registros estarán disponibles para auditorías de revisión de cumplimiento. Como resultado de la investigación, el Coordinador del título VI emitirá uno de dos letras para el querellante: una carta de cierre (infundada) o una carta de búsqueda (LOF) (justificado). Una carta de cierre resume las acusaciones y afirma que no hubo una violación del título VI y que el caso será cerrado. Un LOF resume las denuncias y las entrevistas en relación con el incidente y explica si cualquier acción disciplinaria, formación complementaria de los miembros del personal, u otra acción ocurrirá. Si el demandante desea apelar la decisión, tiene 10 días hábiles después de la fecha de la carta o el LOF para hacerlo. Proceso de Apelaciones

Apelación a la Directora Ejecutiva de ATCOG debe ser por escrito, presentada dentro de los 30 días del envío de resultados a la organización querellante y debe incluir el nombre, dirección, número de teléfono del denunciante y debe indicar la base por qué el autor cree que la resolución de la queja no era correcta. El Director Ejecutivo establecerá un mutuo acuerdo sobre tiempo y lugar para su revisión y consideración de la apelación con el denunciante. El Director Ejecutivo emitirá una determinación escrita de la apelación dentro de 15 días hábiles de la fecha de la reunión de examen.

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Title VI Complaint FormArk-Tex Council of Governments—Rural Transit

District TRAX is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color or national origin, as provided by the Title VI of the Civil Rights Act of 1964, as amended. Title VI complaints must be filed within 180 days from the date of the alleged discrimination.

The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact the Title VI Coordinator by calling 903.255.3542. The completed form must be returned to the TRAX Title VI Coordinator at 4808 Elizabeth Street, Texarkana, TX 75503.

Name: Phone:

Alt. Phone:

City, State & Zip Code

Person(s) discriminated against (if someone other than complainant):

Name(s):

Street Address, City, State & Zip

Which of the following best describes the reason the alleged discrimination took place? (Circle one) Date of Incident:

Race Color National Origin (Limited English Proficiency)

Please describe the alleged discriminatory incident. Provide the names and titles of all TRAX employees involved, if available. Explain what happened and whom you believe was responsible. Please use the next page of this form if additional space is required.

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Have you filed a complaint with any other federal, state or local agencies? (Circle one) Yes No

Agency: Contact Name:

Address:

City, State & Zip:

Agency: Contact Name:

Address:

City, State % Zip:

I affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief.

Print Name: Date: Signature:

Phone:

Phone:

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Título VI queja forma Ark-Tex Consejo de Gobiernos--Distrito de Tránsito Rural

TRAX se compromete a garantizar que ninguna persona es excluida de la participación en o negada los beneficios de sus servicios sobre la base de raza, color u origen nacional, conforme a lo dispuesto por el título VI de la ley de derechos civiles de 1964, enmendada. Quejas de título VI deben ser presentadas dentro de 180 días desde la fecha de la supuesta discriminación. La siguiente información es necesaria para ayudarnos a procesar su queja. Si necesita ayuda para completar este formulario, póngase en contacto con el Coordinador del título VI llamando al 903.255.3542. El formulario debe enviarse a la TRAX Coordinador título VI 4808 Elizabeth Street, Texarkana, TX 75503.

Su nombre: Telefono:

Telefono alternativo:

Cuidad, Estado y Codigo Postal:

Persona(s) objeto de discriminacion (si alguien que no sea acusador):

Nombre(s):

Direccion, Cuidad, Estado y Codigo Postal

¿Cuál de los siguientes describe mejor la razón de la discriminación alegada ocurrió? (Circule uno) Fecha del incidente:

Raza Color Origen Nacional (Dominio Limitado del Ingles)

Por favor describa el incidente discriminatorio. Proporcionar los nombres y títulos de todos los empleados TRAX involucrados, si está disponible. Explicar lo que sucedió y que crees era responsable. Utilice la página siguiente de esta forma si se requiere espacio adicional.

Date Received:

Received By:

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¿Se han presentado una denuncia con otras agencias federales, estatales o locales? (Circule uno) Sí No

Agencia: Nombre de contacto: Direccion:


Telefono:

Agencia: Nombre de Contacto: Direccion:


Telefono:

Afirmo que he leido la carga arriba y que es fiel a lo mayor de mi conocimiento, la informacion y la creencia.

Denunciates Firma: Fecha:

Imprima o Escriba el nombre del Demandante:

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List of Lawsuits or Complaints Alleging Discrimination Summary of Civil Rights Review Activities

As of May 1, 2020, there are no active lawsuits or complaints naming ATCOG Rural Transit District that allege discrimination on the basis of race, color or national origin.

The person/persons whose signature(s) appear below is/are authorized to sign this assurance on behalf of the grant applicant or recipient.

Chris Brown Date Executive Director

Fecha de recepcion:

Recibido por:

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Ark-Tex Council of Governments Rural Transit District Public Participation Plan

The purpose of this plan is to establish procedures that allow for, encourage, and monitor participation of all citizens in the Ark-Tex Council of Governments Rural Transit District service area, including, but not limited to, low income and minority individuals, and those with limited English proficiency. While traditional public involvement may not reach such individuals, or might not allow for meaningful avenues of input, the intent of this effort is to take reasonable actions throughout the planning process to provide opportunities for historically under-served populations to participate.

This plan outlines procedures to provide opportunities for all area citizens to participate in the development of ATCOG’s Rural Transportation programs. ATCOG’s Rural Transit District (TRAX) is comprised of the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River and Titus. ATCOG coordinates with and is a member of the Texarkana Metropolitan Planning Organization (MPO). The MPO is the agency charged with transportation planning for cities and counties in the ATCOG region and the development of plans such as the Metropolitan Transportation Plan and the Transportation Improvement Plan. A locally developed comprehensive service plan is currently in place that addresses the current transportation service infrastructure and the future transportation needs of our region. A steering committee made up of stakeholders throughout the service area meets regularly to discuss the transportation needs and issues of our region.

Dissemination of Plan:

A notice will be posted in the local newspaper noting the existence of this public participation plan and a copy of the Public Participation Plan will be sent, at a minimum to the Steering Committee Stakeholders identified in Appendix A.

Goals and Objectives for the Public Participation Plan:

The goal of the Public Participation Plan is to offer opportunities for the engagement of all citizens of the TRAX service area to participate in the development of TRAX transportation program.

Objectives: 1. To determine what non-English languages and other cultural barriers exist to public

participation. 2. To provide a general notification of a date and time of meetings particularly forums for

public input, in a manner that is understandable to all populations in the nine county area 3. To hold meetings in locations such as senior centers, local government buildings, and

other entities which are accessible and reasonably welcoming to all area residents including, but not limited to, low-income and minority members of the public.

4. To provide avenues for two way flow of information and input from populations which are not likely to attend meetings.

5. To provide a framework of actions appropriate to various types of plans and programs, as well as amendments or alterations to any such plan or program.

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6. To use various illustrative visualization techniques to convey theinformation including but not limited to charts, graphs, maps and theinternet.

Identification of Stakeholders:

Stakeholders are those who are either directly or indirectly affected by a plan or the recommendations of that plan. Those who may be adversely affected or who may be denied benefit of a plan’s recommendation(s) are of particular interest in the identification of specific stakeholders. Stakeholders are broken down into several groups: general citizens, minority and low-income persons, public agencies, and private organizations and businesses. TRAX has a stakeholders group in place—Health & Human Services Coordination Steering Committee which is made up of regional stakeholders with a vested interest in public transportation services. TRAX has made extensive efforts to include representatives from as many health & human service organizations, educational institutions, city and county planning, senior services, workforce, and state government.

Strategies to utilize in order to engage target populations and increase outreach efforts: • Public Notices in local newspapers (including Spanish versions)• Public “open house” format meetings• Public surveys for both current and potential passengers• Use of local news media• Focus groups for the purpose of gaining input from a particularly defined portion of the

community• Advocacy groups to disseminate or gather information for minority and low-English

proficiency populations• Presentations to professional, citizen, and student organizations• Articles in community newsletters• Press releases in local newspapers and media outlets• Presentations by experts on various transit-related subjects• The use of various illustrative visualizations techniques to convey the information

including, but not limited to, charts, graphs, photos, maps and social media.

General Population: There are 316,598 resident in the nine county TRAX service region (2010 Census). 80% of the population consider themselves to be a solely white race. In the region 83% of households speak English only and 10% speak a language other than English; of that 10%, .05% do not speak English well. Minority Population: Minority populations make up approximately 32% of the population in the TRAX service region. African-Americans make up the largest minority with 17% of the total minority population. Hispanic and Asian persons account for 12% and .01% of the population respectively. There is also a small number of American Indians which represents .01% of the population. We also have .02% who identify themselves as “other”. (2010 Census)

Low Income Population: 18% of the population within the TRAX service area are below poverty level (2010 Census). The low-income population should be given every reasonable opportunity to provide input on

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transportation plans and programs to avoid disproportionate harm or lack of benefit of transportation programs and projects. While low-income individuals may have access to all of the traditional means of public involvement, as discussed below they may be less likely to become involved or offer input.

Public Agencies, Private Organizations & Businesses: Public agencies can provide valuable input to the planning process, in addition to assisting in gaining participation from traditionally under-represented populations. Pertinent public agencies include those that have clients who fall into under-represented populations, including but not limited to, minorities, low-income individuals, and limited English proficiency households. These agencies have great insight into the transportation needs of their clients and are useful partners in overcoming difficult barriers that may not be understood by professionals dealing with the provisions of transportation services.

Community Outreach: Hispanic Radio Stations Hispanic Newspaper KIMP LA Super K La Presnsa Hispana 1798 W. US Hwy. 67 110 East 2nd Street Mt. Pleasant, TX 75455 Mt. Pleasant, TX 75455

Hispanic Banks Hispanic Education Red River Credit Union Texas High School Beside Vero’s Latino Store Attn: Mindy McAfee, Coord. Multilingual Ed. 2106 New Boston Rd. 3413 Summerhill Rd. Texarkana, TX 75501 Texarkana, TX 75503

Hispanic Church Super Plaza Iglesia De Dios-Septimo Dia 1210 West Ferguson 1305 East 1st Street Mt. Pleasant, TX 75455 Mt. Pleasant, TX 75455

Mt. Pleasant Public Library 601 North Madison Mt. Pleasant, TX 75455 Private Organizations and Businesses: Private organizations and businesses offer a number of perspectives that are valuable to the planning process. Often, transportation for employees is of critical concern to private sector employers.

Public Participation Plan: This plan will serve as the Public Participation Plan for the Ark-Tex Council of Governments TRAX Transportation Program. Availability of the policy for review will be advertised in a manner reasonably expected to reach the general public, as well as minority populations, low-income persons, and other traditionally under-served populations. People can obtain information about the process or submit info to:

Rural Transit District (TRAX)

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4808 Elizabeth Street Texarkana, TX 75503 903.255.3569; [email protected] Contact: Mark Compton, Transportation Manager

Availability of Planning Documents: During the planning process TRAX will make documents available for review on our website at www.atcog.org/transportation-programs or at our office located at 4808 Elizabeth Street, Texarkana, TX 75503. If materials are requested in alternative formats, TRAX will make a reasonable attempt to accommodate those needs.

Methods of Addressing Comments: Comments will be documented, presented to decision-making bodies, modified in the contents of the document as necessary, and will be included in the appendices of planning documents after they are approved and published. Comments after studies and other planning documents are completed and approved will be documented and referenced when amending or updating the planning products in the future.

Response to Information Requests and Comments: Information can be requested from staff in person and by phone, fax, email, and postal mail.

Community Outreach and Public Participation: As an agency receiving federal financial assistance, TRAX has made the following community outreach efforts:

• TRAX staff participates in area community events to promote transit and mobility optionssuch as health fairs conducted with the Area Agency on Aging.

• ATCOG and TRAX advertise in newspapers, on the ATCOG website, and at regionalplanning meetings where the public is invited to attend.

• TRAX partners with Greyhound Bus and publishes available routes and times on theATCOG website (Transportation page) and at Greyhound stops.

• ATCOG partners with the Texarkana Metropolitan Planning Organization (MPO) byproviding input on public transportation issues by serving on both the MPO Technicaland Planning Committees.

• TRAX Mobility Management program provides travel training and various other outreachefforts to directly engage the public and other agencies using transportation services.

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Planning efforts for 2020-2021 and beyond:

Ark-Tex Council of Governments Rural Transit District launched the “Paris Metro” Fixed-Route and accompanying Paratransit service in Paris, TX in 2017. Upcoming planning will continue to improve/expand that service. In the Summer of 2020, ATCOG in conjunction with KFH Consulting will survey locations for a long term facility for Paris Metro along with a potential transfer center. In 2021, ATCOG is launching a route study for Paris Metro to maximize the current routes and potentially expand into Saturday service.

The goal of the Transit District is to provide safe, efficient and affordable transportation for the residents of the 9 Counties in NE Texas. Through dedicated planning efforts this goal becomes more achievable.

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Regional Coordination Steering Committee FY20

Public Transit Agencies: Mark Compton, Chairperson Public Transportation Manager ATCOG,

Steven McGary Transportation Planner ATCOG [email protected] [email protected]

903.255.3553 903.255.3542

Eric Elmore Myra Jones Administrative Coordinator Transportation Director

Texarkana Urban Transit District Opportunities, Inc.

[email protected] [email protected]

903.794.0746

ReaDonna Jones Executive Director Texarkana MPO [email protected] 903.798.3927

Health & Human Services:

903.791.2295

Shelia Reece Emily Neely Associate Vice President Coor. of Community Health Srvs.

Student Access & Success Paris/Lamar Co. Health District

Paris Junior College [email protected]

[email protected] 903.785.7661 903.784.7548

Jack Pappas Chief Probation Officer Bowie County Adult Probation [email protected]

Jenny Wilson Executive Director United Way of Lamar County [email protected]

903.798.3051 903.784.6642

Robert Morris (Tiffani Arnold-Sub) Sharon Reynerson Project Manager Litigation Director Department of Assistive & Rehab Services NE Region Lone Star Legal Aid [email protected] [email protected] 903.255.3211 903.255.3223 (tiffani) 903.785.8700

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Amy Smith Eden Leach Legal Director Executive Director Domestic Violence Prevention, Inc. Senior Citizens Services of Txk [email protected] [email protected] 903.794.4000 903.831.7696

Sharon Davis Tarisha Duson Workforce Solutions Self Sufficiency Specialist [email protected] Housing Authority of Texarkana 903.794.9490 x 103 [email protected]

903.838.8548 x106

Johnie Smith Gay Ballew Director of Research & Development Executive Director Bowie County Adult Probation New Hope Women’s Shelter [email protected] [email protected] 903.824.0240

Ken Kunkel VA Service Representative Bowie County Courthouse [email protected] 903.628.6816

903.783.0353

Government: Committee Vice Chairperson:

Robbin Bass Jennifer Laurent Regional Representative Executive Director Congressman John Ratcliffe (TX-04) Randy Sams Outreach Shelter [email protected] [email protected] 903.832.3173

Disabled Citizen:

903.792.7024

Jackie Alsobrook William Conder 903.785.3770 903.784.7399 Ex-Officio Member: General Public:

Amanda Yowell PTC-Atlanta District

Rev. R.C. Slaughter Lamar Co. Christian Minister

TX Dept. of Transportation [email protected] [email protected]

903.799.1310

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Ways we are recruiting new committee members? 1. Ask someone 2. Bring a guest to meeting 3. Have a clear goal and strategic plan 4. Letters or personal contact with local businesses 5. Email to local businesses asking to join 6. Use word of mouth 7. Network with coworkers, friends, and family 8. Have a booth at a fair or festival etc.

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TITLE VI PUBLIC PARTICIPATION SURVEY RURAL TRANSIT DISTRICT

Title VI of the Civil Rights Act of 1964 requires the Rural Transit District to provide opportunities for everyone in the affected project area(s) to comment on transportation programs and activities that may affect their community. Title VI specifically states, “No person in the United States shall on the grounds of race, color or national origin be excluded from participation or be denied the benefit of, or otherwise be subjected to discrimination under any program, service, or activity receiving federal financial assistance.”

Completing this form is strictly voluntary. Completing this form helps TRAX comply with federal data collection and public involvement obligations under Title VI and the National Environmental Protection Act (NEPA) and improve our public service. We appreciate your participation.

Service(s) Used (Please check all that apply):

( ) Demand Response Service ( ) Paratransit Service ( ) Fixed Route Service Zip Code:

Gender: ( ) Male ( ) Female

Race/Ethnic Designation: ( ) White ( ) African American ( ) Hispanic/Latino

( ) Native Hawaiian/Pacific Islander ( ) 2 or more races

( ) Other Age: ( ) <18 ( ) 18-25 ( ) 26-35 ( ) 36-59 ( ) >60

Primary Language Spoken: Secondary Language Spoken: ( ) English ( ) English ( ) Spanish ( ) Spanish ( ) French ( ) French ( ) Korean ( ) Korean ( ) Mandarin ( ) Mandarin ( ) German ( ) German ( ) Japanese ( ) Japanese ( ) Other: ( ) Other:

Would you like information on our services in other language? If yes, please indicate language:

ARK-TEX RURAL TRANSIT DISTRICT TITLE VI COMPLIANCE:

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LIMITED ENGLISH PROFICIENCY ANALYSIS AND ASSISTANCE PLAN

MAY 2020 Background: The U.S. Department of Transportation (DOT) requires that DOT recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are Limited English Proficient (LEP). DOT recommends that recipients use the DOT LEP Guidance to determine how best to comply with statutory and regulatory obligations to provide meaningful access to the benefits, services, information and other important portions of their programs and activities for individuals who are LEP. Executive Order 13166, “Improving Access to Services for Person with Limited English Proficiency,” reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency to examine the services it provides and develop and implement a system by which LEP persons can meaningfully access those services. The Executive Order states that recipients must take reasonable steps to ensure meaningful access to their programs and activities by LEP persons.

Public transit is a key means of achieving mobility for many LEP persons. According to the 2010 Census, more than 11% of LEP persons aged 16 years and over reported use of public transit as their primary means of transportation to work, compared with about 4% of English speakers. Recent immigrants to the United States (including those persons who may not be LEP) use public transportation at higher rates than native-born adults. Agencies that provide language assistance to persons with limited English proficiency in a competent and effective manner will help ensure that their services are safe, reliable, convenient, and accessible to those persons. These efforts may attract riders who would otherwise be excluded from participating in the service because of language barriers. Catering to LEP persons may also help increase and retain ridership among the agency’s broader immigrant communities in two important ways: (1.) agencies that reach out to recent immigrant populations in order to prepare a language implementation plan send a positive message to these persons that their business is valued; and (2.) community outreach designed to identify appropriate language assistance measures can also assist the agency in identifying the transportation needs of immigrant populations.

Legal basis for language assistance requirements: Title VI of the Civil Rights Act of 1964, 42 U.S.C 2000d et seq., and its implementing regulations provide that no person in the United States shall, on the grounds of race, color or national origin

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be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that receives federal financial assistance. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted Title VI regulations to hold that Title VI prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes national origin discrimination. Executive Order 13166, “Improving Access to Services with Limited English Proficiency” reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency to examine the services it provides and develop and implement a system by which LEP persons can meaningfully access those services. The Executive Order states that recipients must take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. The Four Factor Analysis: Recipients are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances the following four factors: (1.) The number of proportion of LEP persons eligible to be served or likely to be encountered by a program, activity, or service of the recipient or grantee; (2.) the frequency with which LEP individuals come in contact with the program; (3.) the nature and importance of the program, activity, or service provided by the recipient to the people’s lives; and (4.) the resources available to the recipient and costs.

Factor 1: The Number and Proportion of LEP Persons Served/Encountered in Eligible Service Populations

In the Ark-Tex Rural Transit District there is a small population of people with Limited English Proficiency (LEP). The Ark-Tex Rural Transit District serves a nine county rural area made up of the Texas counties Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River and Titus Counties. As indicated by Tables 1-A through 1-I, the primary demographic that represents the Ark-Tex Rural Transit District LEP population are primarily English speaking people. The ArkTex Rural Transit District, with 4,858 Spanish speakers who speak English “not well” or “not at all “makes up only 1.92% of all Spanish speakers. Language for LEP individuals can be a barrier to accessing important benefits of services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information regarding federally assisted programs or activities. Recipients should first examine their prior experiences with LEP individuals and determine the breadth and scope of language services that are needed. In conducting this analysis, it is important to: Include language minority populations that are eligible beneficiaries of recipients.

Programs, activities, or services may be underserved because of existing language barriers; and consult additional data, for example, from the census, school systems and community organizations, and data from state and local governments, community agencies, religious organizations, and legal aid entities.

Table 1-A Population 5 Years & Older By Language Spoken at Home and Ability to Speak English

Bowie County (Number)

Bowie County (Percent)

5 years and older 83,487 100% Speak only English 78,919 94.5%

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Language other than English 4,568 5.5% Spanish 3,524 100%

Speaks English “very well” 2,614 74.2% Speaks English “well” 488 13.8

Speaks English “not well” 353 10% Speaks English “not at all” 69 2%

Other Indo-European 621 100% Speaks English “very well” 430 69%

Speaks English “well” 89 14% Speaks English “not well” 102 16% Speaks English “not at all” 0 0%

Asian & Pacific Island 347 100% Speaks English “very well” 268 77%

Speaks English “well” 45 13% Speaks English “not well” 34 9.8% Speaks English “not at all” 0 0%

All Other Languages 76 100% Speaks English “very well” 35 46%

Speaks English “well” 41 53.9% Speaks English “not well” 0 0% Speaks English “not at all” 0 0% Ability to Speak English

5 Years and older 83,487 100% Other than English 4,568 5.5%

5 to 17 years 610 0.7% 18 to 64 years 3,680 4.4% 65 and over 278 0.3%

English less than “very well” 1,221 1.5% 5 to 17 years 252 0.3% 18 to 64 years 847 1%

65 years & over 122 0.1% Speak English in Household

Linguistically isolated household (1)

196 (X)

5 Years and Older 76,663 100% Linguistically isolated household

(1) 476 0.6%

5 to 17 years 122 0.2% 18 to 64 years 314 0.4% 65 and over 40 0.1%

Table 1-B Population 5 Years & Older By Language Spoken at Home and Ability to Speak English

Cass County (Number)

Cass County (Percent)

5 years and older 28,613 100%

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Speak only English 27,702 96.8% Language other than English 911 3.2%

Spanish 717 100% Speaks English “very well” 423 59%

Speaks English “well” 145 20.2% Speaks English “not well” 139 19.4% Speaks English “not at all” 10 1.4%


Speaks English “well” 15 11.8% Speaks English “not well” 9 7.1% Speaks English “not at all” 0 0%




Speaks English “well” 0 0% Speaks English “not well” 0 0% Speaks English “not at all” 0 0% Ability to Speak English

5 Years and older 28,613 100% Other than English 911 3.2%


English less than “very well” 334 1.2% 5 to 17 years 98 0.3% 18 to 64 years 213 0.7%



57 (X)


(1) 143 0.5%

5 to 17 years 58 0.2% 18 to 64 years 82 0.3% 65 and over 0 0%

Table 1-C Population 5 Years & Older By Language Spoken at Home and Ability to Speak English

Delta County (Number)

Delta County (Percent)

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Language other than English 112 2.2% Spanish 74 100%

Speaks English “very well” 60 81.1% Speaks English “well” 5 6.8%

Speaks English “not well” 9 12.2% Speaks English “not at all” 0 0%



Asian & Pacific Island 32 100% Speaks English “very well” 18 56.3%

Speaks English “well” 14 43.8% Speaks English “not well” 0 0% Speaks English “not at all” 0 0%





English less than “very well” 28 0.6% 5 to 17 years 0 0% 18 to 64 years 15 0.3%



0 (X)


(1) 0 0%

5 to 17 years 0 0% 18 to 64 years 0 0% 65 and over 0 0%

Table 1-D

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Population 5 Years & Older By Language Spoken at Home and Ability to Speak English

Franklin County (Number)

Franklin County (Percent)


Language other than English 898 10% Spanish 764 100%


Speaks English “not well” 151 19.8% Speaks English “not at all” 65 8.5%

Other Indo-European 107 100% Speaks English “very well” 89 83.2%






5 Years and older 8,897 100% Other than English 898 10%


English less than “very well” 398 4.5% 5 to 17 years 79 0% 18 to 64 years 298 3.3%



64 (X)


(1) 182 2.1%

5 to 17 years 53 0% 18 to 64 years 122 1.4% 65 and over 7 0%

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Table 1-E


Hopkins County (Number)

Hopkins County (Percent)

5 years and older 29,908 100% Speak only English 26,964 90%


Speaks English “very well” 1,336 51.2% Speaks English “well” 570 21.9%

Speaks English “not well” 418 16% Speaks English “not at all” 284 10.9%








5 to 17 years 820 2.7% 18 to 64 years 2,084 7.0% 65 and over 40 0.1%

English less than “very well” 1,370 4.6% 5 to 17 years 222 0% 18 to 64 years 1,138 3.8%

65 years & over 10 0% Speak English in Household


285 (X)


(1) 847 2.9%

5 to 17 years 216 0.7% 18 to 64 years 628 2 65 and over 7 0%

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Table 1-F


Lamar County (Number)

Lamar County (Percent)






Speaks English “well” 69 16.7% Speaks English “not well” 66 15.9% Speaks English “not at all” 14 3.4%



All Other Languages 17 100% Speaks English “very well” 11 64.7%



5 to 17 years 462 1% 18 to 64 years 1,541 3.4% 65 and over 114 0.3%




161 (X)


(1) 517 1.2%


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Table 1-G


Morris County (Number)

Morris County (Percent)




Speaks English “not well” 58 13% Speaks English “not at all” 18 4%












43 (X)


(1) 123 1%

5 to 17 years 36 0.3% 18 to 64 years 83 0.7% 65 and over 4 0%

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Table 1-H


Red River County (Number)

Red River County (Percent)










Speaks English “well” 2 10.5% Speaks English “not well” 13 68.4% Speaks English “not at all” 0 0% Ability to Speak English






64 (X)


(1) 192 1.5%


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Table 1-I


Titus County (Number)

Titus County (Percent)



Speaks English “very well” 2,354 34.6% Speaks English “well” 1,632 24%

Speaks English “not well” 1,927 28.4% Speaks English “not at all” 883 13%

Other Indo-European 67 100% Speaks English “very well” 48 71.6%







5 to 17 years 2,151 8.4% 18 to 64 years 4,568 17.8% 65 and over 194 0.8%

English less than “very well” 4,488 17.5% 5 to 17 years 1,213 4.7% 18 to 64 years 3,215 12.5%



827 (X)


(1) 3,092 12.2%

5 to 17 years 994 4% 18 to 64 years 2,037 8.1% 65 and over 31 0.1%

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Factor 2: The frequency with which LEP individuals come into contact with your programs, activities and services TRAX has three primary types of transportation services that we provide to the general public— demand response, paratransit, and fixed route. All of these services are accessible by LEP persons and the areas we predict they originate. Although these services are accessible by LEP populations we would like to grow the number of LEP riders by making materials, training and outreach that would help serve this population better. As part of our LEP plan we would like to adopt such policies and programs to meet the needs of LEP populations.

To determine Ark-Tex Rural Transit District’s current interactions with LEP populations, in July 2011 TUTD administered an internal survey of Ark-Tex Rural Transit District employees’ experiences with LEP populations. The findings of the survey painted a picture of relatively low levels of TUTD employee interactions with LEP populations. Only 8% of employees said they came into contact with LEP populations in a month, and 5% indicated they came into contact with people from this demographic three or more times per month. The languages they listed as most prevalently spoken amongst this population was English.

Factor 3: The importance to LEP persons of your program, activities and services Demand Response and Paratransit services provide transportation for critical needs that transcend all rider types. These rides provide critical access to medical appointments, nutrition, health and human service organizations, employment, pharmacies, childcare and education. Additionally, Demand Response services provide transportation to places that improve the quality of life including friends, relatives, entertainment, and the arts. The Deviated Fixed Route in Mt. Pleasant (Titus County) provides critical transportation services for all rider types including LEP persons.

Factor 4: The resources available to the recipient and costs: The Ark-Tex Rural Transit District has adequately met the transportation needs of persons with limited English proficiency. TRAX has reviewed its available resources that can be used for providing LEP assistance. TRAX has bi-lingual coordinators and dispatch staff to translate documents in a Spanish translation when needed. ATCOG has weighed the cost and benefits of translating documents for potential LEP groups. Due to the high number of LEP individuals that speak Spanish, ATCOG will include the translation of the following documents in both English and Spanish: Notice to the Public, Complaint Forms and Complaint Procedures. For oral communication, bi-lingual staff will be utilized to provide interpretation at no additional cost to the transportation program. LEP Program Action Plan Within the next three years, the Ark-Tex Rural Transit District will work at completing the following activities to further enhance its LEP Program as it relates to the provisions of transportation services and transit-related benefits:

1. Identify language concentrations by census tract and fixed routes.2. Post notices of the LEP plan and the availability of interpretation or translation services

free of charge in languages LEP persons would understand.3. Establish relations with more agencies and organizations serving LEP persons.4. Get feedback from agencies regarding key languages being used in the service area

and language services needed.

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5. Identify the resources agencies may have to assist TRAX with LEP persons as it related to provisions of transportation services or transit-related benefits.

6. Develop contracts or service relationships for language services. 7. Identify key documents requiring translation and translate materials into alternate

languages. Although translation may not be able to be provided for all interactions with LEP persons it will help identify the need for additional resources in the future.

8. Identify sources and methods for responding to LEP correspondence. 9. TRAX will place a “Notice of Right to Language Assistance” on the ATCOG website,

Transportation page (www.atcog.org/transportation-programs). 10. Develop training for drivers including how to respond to LEP individuals and awareness

of services available in dealing with LEP individuals. 11. Develop training for administrative and dispatch/scheduling staff including awareness of

services available, how to respond to LEP individuals in person and over the phone, and to other types of LEP correspondence.

12. Survey TRAX staff annually on their experience concerning any contacts with LEPpersons.

BODY CAUCASIAN LATINO AFRICAN AMERICAN ASIAN AMERICAN NATIVE AMERICAN Health & Human Services Coordination Steering Committee 76% 0% 24% 0% 0%

Revised 05.15.2020

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Ark-Tex Council of Governments COVID-19 Returning to Work at the Office Phase I Policy

and Updated Driver Protocols

The Ark-Tex Council of Governments (ATCOG) Offices will remain closed to the public until further notice but will be open to a limited number of employees based on guidelines, as prescribed in the publication Texans Helping Texans: The Governor’s Report to Open Texas – April 27, 2020. Per the Governor’s report: individuals, employers, employees and customers are encouraged to follow the MINIMUM health protocols recommended by the Department of State Health Services (DSHS), in addition to federal and state employment laws and workplace safety standards. The DSHS minimum recommended health protocols are subject to change based on new and evolving information. ATCOG will be following these protocols. Due to the fluid nature of the response to COVID-19, protocols and policies detailed in this document are subject to change at any time based on new and evolving information. Changes will be sent to all employees when they occur. Who Should Return to Work at the Office: • Employees may only return to work at the office if there is work that needs to be completed on-site

(please continue to only remain at the building as long as necessary), or a Director or Immediate Supervisor requests an employee be at the office.

• Anyone who can should continue to telework and remain at home. This is particularly

important for individuals who have medical issues (such as heart disease, diabetes, cancer or a weakened immune system, etc.) and/or those who are 65 years or older.

• If an employee or someone in the employee’s home is sick with COVID-19 symptoms, the employee is to stay at home and contact the Supervisor immediately. The Supervisor should then contact the Human Resources Manager immediately.

• The maximum number of employees authorized to be in ATCOG’s main Texarkana office is twenty-five (25). A log of individuals who are in the building will be kept at the front reception area at all times. Once the maximum number is reached, no additional employees will be allowed to enter. Should extenuating circumstances arise, contact the Executive Director.

• The maximum number of employees authorized to be in any TRAX office is as follows: 3-4 people for

the Texarkana and Paris offices and 2 people for the Mt. Pleasant and Sulphur Springs offices. Once the maximum number is reached, no additional employees will be allowed to enter. Follow additional instructions specific to each office for driver and office personnel separation. Should extenuating circumstances arise, contact the Supervisor.

In accordance with Governor Abbott’s executive order GA-18, the following are minimum recommended health protocols for all businesses choosing to operate in Texas. Employers may adopt additional protocols consistent with their specific needs and circumstances to help protect the health and safety of all employees and customers. (The Governor’s Report to Open Texas – April 27, 2020). The virus that causes COVID-19 can spread to others by infected persons who have few or no symptoms. Even if the person is only mildly ill, the people they spread it to may become seriously ill or even die,

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especially if that person is 65 or older with pre-existing health conditions that place them at higher risk. Because of the hidden nature of this threat, everyone should rigorously follow the practices specified in these protocols, all of which facilitate a safe and measured reopening of Texas. The virus that causes COVID-19 is still circulating in our communities. We should continue to observe practices that protect everyone, including those who are most vulnerable. (The Governor’s Report to Open Texas – April 27, 2020). Health Protocols for Employees: Entering the Office

• Upon entering, all employees will clean their hands with hand sanitizer placed at the designated screening area or wash their hands with soap and water at their personal sinks, then return to the designated screening area.

• All employees will self-screen immediately after sanitizing or cleaning their hands.

Driver Compartments (TRAX staff only)

• Thoroughly clean the driver compartments of the vehicle several times each day. Pay special attention to the frequently touched items, including, but not limited to:

o Steering wheel, door handles, gear shift, controls, radio, arm rests and adjacent areas • Routinely clean the frequently touched passenger areas of the bus, including, but not limited to:

o Handrails, seats, arm rests, grab bars, area beside entry and exit doors where passengers often touch.

• Wear masks and gloves at all times when in close contact with or assisting passengers. • Remove gloves and sanitize hands before entering the driver compartment. • Sanitize hands before and after adjusting or removing facial coverings. • Continuously keep fresh air entering the vehicle by opening the “fresh air vent” and leaving the

air/ac on at all times

Self-Screening Temperature

• The temperature of each employee reporting to an office or service vehicle will be recorded daily. If a temperature reading is greater than or equal to 100.4° F, the employee will be sent home.

• Touchless thermometers will be provided at each screening station, or oral thermometers will be issued to drivers who do not normally report to an office.

• For employees utilizing a screening station thermometer, you must wash or sanitize your hands before and after utilizing the thermometer.

• The employee will point the thermometer at the center of his or her forehead while holding the device one to two inches away. Hold the trigger until a beep is heard (1-2 seconds), then note the temp for recording purposes. If the temp is greater than 100.4, then leave the building immediately and notify your supervisor by phone.

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Checklist • An electronic checklist will be provided for employees, which will be accessible by a

computer or tablet. • If the employee has any of the signs or symptoms of possible COVID-19 (listed below) that

are new or worsening, he or she will check the symptom, submit the form and be sent home. If you feel that you have a condition listed that is a chronic condition, please exit the screening area, return to your vehicle and contact the Human Resources Manager to be vetted further.

- Cough - Loss of taste or smell - Shortness of breath or difficulty breathing - Diarrhea - Chills - Feeling feverish or measured temp - Repeated shaking with chills greater than or equal to 100.4 F - Muscle pain - Headache - Sore Throat - Known close contact with a person who is lab confirmed to have COVID-19

• If non-symptomatic, the employee will check a box stating they have no symptoms and submit the form.

NOTE: Due to the seriousness of COVID-19, no one should joke, play or tease about symptoms in the reception area where screening is taking place or anywhere else in the office. All comments/actions made regarding symptoms will be taken seriously and handled as such. Social Distancing: Employees should maintain at least 6 feet of separation from other individuals. If such distancing is not feasible, other measures such as face covering (over the nose and mouth), hand hygiene, cough etiquette, cleanliness and sanitation should be rigorously practiced. Employees should not enter other offices. Phone calls, TEAMS and email should be used for communication even between offices. Face Masks: Employees are encouraged to wear face masks (over the nose and mouth) when appropriate or if this action makes the employee feel more comfortable. If available, employees should consider wearing non-medical grade face masks. Return to Work at the Office If Employee Has Symptoms of COVID-19: This section supersedes the conditions stated in the ‘Working from Home While Sick (Non-COVID-19)’ section of the ATCOG Continuity Plan and Policy Relating to COVID-19, which went into effective April 1, 2020. Per CDC recommendations, employees with new or worsening signs or symptoms of COVID-19, as listed on the screening checklist, will not be allowed to return to work at the office until:

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• In the case of an employee who was diagnosed with COVID-19, the individual may return to work at the office when all three of the following criteria are met:

o at least 3 days (72 hours) have passed since recovery (resolution of fever without the use of fever-reducing medications); and

o the individual has improvement in respiratory symptoms (e.g., cough, shortness of breath); and

o at least 7 days have passed since symptoms first appeared.

• In the case of an employee who has symptoms that could be COVID-19 and does not get evaluated by a medical professional or tested for COVID-19, the individual is assumed to have COVID-19, and the individual may not return to work at the office until the individual has completed the same three-step criteria listed above; or

• If the employee has symptoms that could be COVID-19 and wants to return to work at the office before completing the above self-isolation period, the individual must obtain a negative test for COVID-19 and other communicable diseases (flu, strep, etc… if applicable).

Return to Work at the Office if a Household Member Has COVID-19 Symptoms:

The employee will not be permitted at the office until after the household member has met the above mentioned 3-step criteria and the employee is symptom-free and obtains a negative COVID-19 test result. Health Protocols for the Office:

• Regularly touched surfaces in public areas, such as doorknobs, tables, chairs and restrooms are regularly and frequently cleaned. Employees are asked to wipe down commonly touched surfaces in public areas such as copy machine display panels, microwave doors/buttons, coffee pot handles/buttons, water cooler spigots, etc. after use.

• Employees are asked to clean the doorknobs to their offices as well as their keyboards, phones,

work surfaces, etc. on a regular basis.

• Hand sanitizer, disinfecting wipes, tissues, soap and water or similar disinfectant can be found throughout the ATCOG Offices. DO NOT remove or change the location of these items. If you find any of these items running low, or empty, contact the Human Resources Manager.

• Visible signage has been placed throughout the building to remind everyone of best hygiene

practices and employees are asked to follow these practices. • No more than a maximum of 2 individuals should be in the kitchen or 1 in the copy/mail rooms. • The use of other employees’ phones, desks, offices or other work tools and equipment is

discouraged.

• Air circulation with building HVAC, even in fan only mode, is strongly encouraged. Personal fans may also be used in offices.

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Questions: Questions or clarification regarding these guidelines should be directed to the Human Resources Manager, Deputy Director, or the Executive Director. CDC information for Bus Operator Guidance can be found at: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/bus-transit-operator.html

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https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/bus-transit-operator.html

https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/bus-transit-operator.html