HomeMy WebLinkAboutContract 52520 f.
XI
My ��19 1,.,4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
{ CONTRACT NUMBER 61180003107 FOR THE CITY SECRETARY
FY 2018 COMMUNITYSERVICES
STATE DISCRETIONARYISBLOCK
GRANT
R FUNDS
OGRAM("CSBG") CONTRACT NO.LQ i4 0
Ob CFDA#93.569
Z� Qv 6 C L Awarding Federal Agency: United States Department of Health and Human Services(HHS)
TDHCA Federal Award Number: G-1801TXCOSR
Award Year(Year of Award from HHS to TDHCA): 2018
Unique Entity Identifier Number: 147336965
RECITALS.
WHEREAS, on May 23, 2019, the Board of Directors of the Texas Department of Housing and Community
Affairs approved the usage of the remaining unexpended 2018 CSBG Discretionary funds and Department
administrative funds for reprogrammed direct client assistance,
SECTION 1. PARTIES TO THE CONTRACT
This 2018 Community Services Block Grant Program State Discretionary Funds Contract Number 61180003107
("Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and
official agency of the State of Texas, ("Department") and City of Fort Worth, a political subdivision of the State
of Texas("Subrecipient")hereinafter the'Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on May 23, 2019, and, unless earlier terminated, shall end on September 30, 2019
("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREAS
A. Subrecipient shall implement a Community Service Block Grant Program ("CSBG") in accordance with the
provisions of Chapter 106 of the Community Services Block Grant Act (42 U.S.C. §9901 et seq.) ("CSBG
Act"), as amended by the "Community Services Block Grant Amendments of 1994" (Public Law 103-252) and
the Coats Human Services Reauthorization Act of 1998(Public Law 105-285); Chapters 2105 and 2306 of the
Texas Government Code ( "State Act"); the implementing state regulations under Title 10, Part 1, Chapters 1,
Chapter 2, and Chapter 6, Subchapters A and B of the Texas Administrative Code, as amended or
supplemented from time to time ("CSBG State Rules"); and the Department's guidance related to CSBG.
Subrecipient further agrees to comply with the Certification Regarding Lobbying for Contracts, Grants,
Loans, and Cooperative Agreements attached hereto as Addendum A, Certification Regarding Drug-Free
Workplace Requirements attached hereto as Addendum B, Certification Regarding Environmental Tobacco
Smoke attached hereto as Addendum C, Certification Regarding Debarment, Suspension and Other
Responsibility Matter attached hereto as Addendum D, the Contract Benchmarks attached hereto as Exhibit
A; the Performance Statement attached hereto as Exhibit B; the Budget attached hereto as Exhibit C; all such
addendums and exhibits incorporated herein for all relevant purposes; the assurances, certifications, and all
other statements made by Subrecipient in its application for funding under this Contract; and with all other
terms,provisions,and requirements herein set forth.
B. Subrecipient shall utilize funds for the reduction, the revitalization of communities, and the empowerment of
low-income families and individuals to become fully self-sufficient. Subrecipient shall provide services and
activities of the type specified in 42 U.S.C.§§9901,9907 excluding subsection(c),and 9908.
C. Subrecipient's service area consists of the following counties:
TARRANT
OFFICIAL RECORD
Page 1 of 23 CITY SECRETARY
FT. !NORTH,TX
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse the
actual allowable costs incurred by Subrecipient in an amount up to $120,401.00 in accordance with the
budget as approved by the Department and the terms of this Contract.
B. Subrecipient agrees that this award is made under a competitive evaluation of proposals and any decision to
obligate additional funds shall be made in writing by Department in its sole but reasonable discretion based
upon the status of funding under grants to Department and Subrecipient's overall compliance with the terms
of this Contract.
C. Department's obligations under this Contract are contingent upon the actual receipt and availability by the
Department of adequate 2018 CSBG discretionary funds from the U.S. Department of Health and Human
Services ("HHS") and the State of Texas. If sufficient 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 shall then terminate this Contract, and will not be liable for the failure to make any
payment to Subrecipient under this Contract. Department acknowledges that it has received obligations
from those sources which, if paid, will be sufficient to pay the allowable costs incurred by the Subrecipient
under this Contract.
D. Department shall not be liable to Subrecipient for certain costs,including but not limited to costs which:
(1) have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient by any source
other than Department;
(2) are not allowable costs,as set forth in the CSBG Act and Section 45 of this Contract;
(3) are not strictly in accordance with the terms of this Contract,including the addendums and exhibits;
(4) have not been reported to Department within forty-five (45) calendar days following termination of this
Contract; or
(5) are not incurred during the Contract Term.
E. Department shall not release any funds under this Contract until Department has determined in writing that
Subrecipient's fiscal control and fund accounting procedures are adequate to assure the proper disbursal of
and accounting for such funds.
F. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for
costs incurred or performances rendered for activities specified in the CSBG Act.
SECTION 5. PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days. Subrecipient's
request for cash advance shall be limited to the minimum amount needed and be timed to be in accordance
with the actual, immediate cash requirements of the Subrecipient in carrying out the purpose of this
Contract. Subrecipient must request an advance payment by submitting a properly completed monthly
expenditure report to Department through the electronic reporting system no later than the fifteenth (15th)
day of the month prior to the month for which advance payment is sought, together with such supporting
documentation as the Department may reasonably request.
B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time between the
disbursement of funds from Department to Subrecipient and the expenditure of such funds by Subrecipient.
C. MODIFIED COST REIMBURSEMENT METHOD. Section 4(A) of this Contract notwithstanding,
Department reserves the right to utilize a modified cost reimbursement method of payment, 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) Subrecipient maintains cash balances in excess of need, or requests advance payments in excess of
thirty (30) days need (2) Department identifies any deficiency in the cash controls or financial management
system used by Subrecipient, (3) Subrecipient owes the Department funds or (4) Subrecipient violates any
of the terms of this Contract.
D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of
allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's
service area. Subrecipient may incur costs for activities associated with the closeout of the CSBG contract
for a period not to exceed forty-five(45)days from the end of the Contract Term.
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E. REFUND. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient
by Department, which Department determines has resulted in an overpayment. Subrecipient shall make such
refund within fifteen(15)calendar days after the Department's request.
F. REPAYMENT. Suprecipient shall recapture funds that the Department determines has not been spent
strictly in accordance with the terms of this Contract and by which the period of obligation has expired.
Subrecipient shall make such repayment within fifteen(15)calendar days after the Department's request.
SECTION 6. ADMINISTRATIVE REQUIREMENTS,COST PRINCIPLES AND AUDIT REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Except as expressly modified by law or
the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative
requirements set forth in the state Uniform Grant Management Standards, 34 TAC §20.421 in effect on the
effective date of this Contract ("UGMS"). All references in UGMS to "local government" shall be construed
to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%, as detailed in the letter
from the cognizant agency.
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and 2 CFR Part
200, Subpart F. The expenditure threshold requiring an audit is $750,000 of Federal and/or state funds. If an
audit is required under the Texas State Single Audit Act, this audit must be submitted to the Department
pursuant to 10 TAC§1.403,but CSBG funds may not used to pay for the audit.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of funds received and
performances rendered under this Contract. Subrecipient agrees to permit Department, or its authorized
representative, to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
E. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides the
Department the ability to directly review, monitor, and/or audit the operational and financial performance
and/or records of work performed under this Contract.
F. CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60)
calendar days of the Subrecipient's fiscal year end.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. Upon adequate notice, and as per 10 TAC §2.202, 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 an 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 termination.
B. SUSPENSION. As per 10 TAC §2.202, Department may suspend this Contract, in whole or in part, at any
time Department determines that there is cause for 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.
C. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or during
suspension of this Contract.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of termination
or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any
breach of this Contract by Subrecipient. Department may withhold any payment due to Subrecipient until
such time as the exact amount of damages due to Department or other liability is agreed upon or is otherwise
determined in writing between the Parties.
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SECTION 8.PROHIBITED USE OF FUNDS
A. Subrecipient may not use funds under this Contract for the purchase or improvement of land or the
purchase, construction, or permanent improvement of any building or other facility as outlined in 10 TAC
§6.205(a).
B. Subrecipient may not use funds under this Contract as outlined in 10 TAC§6.205(b).
SECTION 9.RECORD KEEPING REQUIREMENTS
A. GENERAL. For purposes of compliance, all associated documentation must be readily available, whether
stored electronically or hard copy to justify compliance with program rules and regulations. Subrecipient
shall maintain fiscal and programmatic records and supporting documentation for all expenditures made
under this Contract in accordance with the UGMS.
B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by
Subrecipient pertaining to this Contract, except records made confidential by law, is subject to the Texas
Public Information Act (Chapter 552 of Texas Government Code) and must provide citizens, public agencies,
and other interested parties with reasonable access to all records pertaining to this Contract subject to and
in accordance with the Texas Public Information Act.
C. ACCESS TO RECORDS. Subrecipient shall give the HHS, 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 Subrecipient, all records pertaining to
this Contract. Such right to access shall continue as long as the records are retained by Subrecipient.
Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection C.
D. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location for the
greater of. (i) the time period described in the state Uniform Grant Management Standards, Chapter III,
"State Uniform Administrative Requirements for Grants and Cooperative Agreements", Subpart C -Post
Award Requirements, §_.42; (ii) if notified by the Department in writing, the date that the final audit is
accepted with all audit issues resolved to the Department's satisfaction; (iii) 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; (iv)
a date consistent with any other period required by the performed activity reflected in federal or state law or
regulation.Upon termination of this Contract,all records are property of the Department.
E. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all subcontracts.
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SECTION 10. REPORTING REQUIREMENTS
A. GENERAL. 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.
B. EXPENDITURE REPORTS. By the fifteenth (15th) day of each month, Subrecipient shall electronically
submit a Performance Report and Expenditure Report to the Department of all expenditures of funds and
clients served under this Contract during the previous month, regardless of whether Subrecipient makes a
fund request. Subrecipient must file a monthly Performance and Expenditure report in a timely manner, prior
to accessing funds. The failure of Subrecipient to provide a full accounting of all funds expended under this
Contract shall result in the automatic suspension of the ability of Subrecipient to request reimbursements
and shall be identified as a finding in any monitoring review in accordance with the State CSBG Rules.
C. FINAL REPORTS. Subrecipient shall submit a final Performance Report and a final Expenditure Report to
the Department after the end of the Contract Term. Subrecipient must file a final Performance and
Expenditure report within forty-five (45) calendar days after the end of the Contract Term and prior to
accessing funds in the subsequent fiscal year.
D. INVENTORY. Subrecipient shall submit to Department no later than forty five (45) calendar days after the
end of the Contract Term an inventory of all vehicles, tools, and equipment with a unit acquisition cost of
$5,000.00 or more and/or a useful life of more than one year, if purchased in whole or in part with funds
received under this or previous CSBG Contracts. The inventory shall reflect the tools and equipment on
hand as of the last day of the Contract Term. Upon the termination of this Contract, Department may
transfer title to any equipment to the Department or to any other entity receiving CSBG funds from the
Department.
E. 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 method of payment, and initiate
proceedings to terminate the Contract.
F. ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with a Data Universal
Numbering System ("DUNS") number and a Central Contractor Registration ("CCR") System number to be
used as the Unique Entity Identifier Number on all contracts and agreements. The DUNS number must be
provided in a document from Dun and Bradstreet and the current CCR number must be submitted from a
document retrieved from the https://www.sam.gov website. These documents must be provided to the
Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current
DUNS number and CCR number for the entire Contract Term.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition, or deletion to the terms of
this Contract required by a change in 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 11
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 not required by a change in state or federal law or regulation 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. The Department must receive any Contract amendment requests in writing, and such requests
must not involve circumstances described in 10 TAC§6.3(e)(1).
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SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or in part
with funds provided under this Contract in accordance with the state Uniform Grant Management Standards,
more specifically Chapter III, "State Uniform Administrative Requirements For Grants and Cooperative
Agreements", Subpart C - Post-Award Requirements--Financial Administration, §_.25, Program Income 2 CFR
§200.80,and 10 TAC§6.205(c).
SECTION 13. 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-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 a cost reimbursement method of payment, suspend or
terminate this Contract, or invoke other remedies in the event monitoring or other reliable sources reveal material
deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency within the time
allowed by federal or state law or regulation or by the terms of this Contract.
SECTION 14. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shall comply with UGMS and 10 TAC §§1.404, this Contract, and all applicable federal, state,
and local laws, regulations, and ordinances for making procurement transactions and purchases under this
Contract.
B. Subrecipient may not use funds provided under this Contract to purchase equipment (as defined by UGMS)
with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000.00, or on
any vehicle purchase unless Subrecipient has received the prior written approval from the Department for
such purchase.
C. When the Subrecipient no longer needs equipment purchased with CSBG grant funds, regardless of
purchase price, or upon the termination of this Contract, Department may take possession and transfer title
to any such property or equipment to the Department or to a third party or may seek reimbursement from
Subrecipient of the current unit price of the item of equipment, in Department's sole determination.
Subrecipient must request permission from the Department to transfer title or dispose of equipment
purchased with CSBG grant funds.
SECTION 16. SUBCONTRACTS
A. Subrecipient may not subcontract or subgrant the primary performance of this Contract, including but not
limited to expenditure and performance reporting and drawing fund through the Community Affairs Contract
System, and only may enter into contractual agreements for consulting and other professional services, if
Subrecipient has received Department's prior written approval. Subrecipient may subcontract for the
delivery of client assistance without obtaining Department's prior approval. Any subcontract for the
delivery of client assistance will be subject to monitoring by the Department.
B. In no event shall the Department's prior written approval of a subcontractor, be construed as relieving
Subrecipient of the responsibility for ensuring that the performances rendered under all subcontracts are
rendered so as to comply with Contract terms and as if such performances rendered were rendered by
Subrecipient. Department's approval under this Section 16 does not constitute adoption, ratification, or
acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to
monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval
under this Section 16 does not waive any right of action which may exist or which may subsequently accrue
to Department under this Contract.
SECTION 17. TRAVEL
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Subrecipient shall adhere to 2 CFR Part 200 and either its board-approved travel policy, or the State of Texas
travel policies (not to exceed the amounts established in subchapter I of Chapter 57 of Title 5, United States
Code, "Travel and Subsistence Expenses; Mileage Allowances"), or the State of Texas travel policies under
Section 1.408 of the CSBG State Rules. Subrecipient's written travel policy shall delineate the rates which
Subrecipient shall use in computing the travel and per diem expenses of its board members and employees.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall immediately provide Department with written notice of any claim or action filed with a court or
administrative agency against Subrecipient arising out of the performance of this Contract or any subcontract
hereunder. Subrecipient shall provide Department with copies of any and all relevant papers Subrecipient
receives with respect to such action or claim.
SECTION 19. 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 Subrecipienfs governing board to execute this Contract on behalf
h}of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and performances
C. W&WATION, LIABILITY. Department shall have the right to terminate this Contract if there is a dispute
as to the legal authority of either Subrecipient or the person signing this Contract on behalf of Subrecipient
to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any
money it has received from Department for performance of the provisions of this Contract, if the Department
has terminated this Contract for reasons enumerated in this Section I9.
D. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract if the
Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good standing in the
State of Texas, and such is not cured prior to causing material harm to Subrecipient's ability to perform
under the terms of this Contract.
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SECTION 20. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the CSBG Act, the federal rules and
regulations promulgated under the CSBG Act, the State Act, the State CSBG Rules, the certifications
attached hereto, and all 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
Addendum B that it is implementing the Drug-Free Workplace Act of 1988(41 USC§701,et seq).
C. LIMITED ENGLISH PROFICIENCY (LEP,). Subrecipients 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 reprinted at 65 F.R
50121, August 16, 2000 Improving Access to Services with LEP at 67 F.R. 41455. To ensure compliance, the
Subrecipient must take reasonable steps to insure that persons with LEP have meaningful access to the
program. Meaningful access may entail providing language assistance services, including oral and written
translation,where necessary.
D. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation for disability,
medical records or any other medical information in the course of administering the CSBG program,
Subrecipient shall comply with the Protected Health Information state and federal laws and regulations, as
applicable, under I0 TAC §1.24, Chapter 181 of the Texas Health and Safety Code, the Health Insurance
Portability and Accountability Act of 1996("HIPAA") (Pub. L. 104-191, 110 Stat. 1936, enacted August 21,
1996)the HIPAA Privacy Rules(45 CFR Part 160 and Subparts A and E of 45 CFR Part 164).
E. 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 21. PREVENTION OF WASTE,FRAUD,AND ABUSE
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct
waste, fraud, and abuse in activities funded under this Contract. The systems and procedures shall address
possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors and
administering agencies. Subrecipient's internal controls systems and all transactions and other significant
events are to be clearly documented, and the documentation is to be readily available for monitoring by
Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the
purpose of monitoring or investigating the CSBG 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 shall 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.
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SECTION 22. 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 23. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. Failure to maintain written standards of conduct and
to follow and enforce the written standards is a condition of default under this Contract. 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. 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.
SECTION 24. 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.
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SECTION 25. NON-DISCRIMINATION,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 or belief.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program in
keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965, as
amended,and its implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of
1973(5 U.S.C. §794) Titles 1I 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.
Subrecipient shall operate each program or activity receiving financial assistance so that the program or
activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities.
Subrecipient are also required to provide reasonable accommodations for persons with disabilities.
D. SUBCONTRACTS. Subrecipient will include the substance of this Section 25 in all subcontracts.
SECTION 26. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person who,
during the five year period preceding the date of this Contract, has been convicted of violating a federal law in
connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a
result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster
occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action
in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as
a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster
occurring after September 24,2005.
By execution of this Contract, the Administrator hereby certifies that it is eligible to participate in this Program
and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any
other source or in any way serve to reduce the funds or resources which would have been available to or
provided through Subrecipient had this Contract never been executed.
Page 10 of 23
SECTION 28. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that its principal employees, board members, agents, or
contractors are not 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 D 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 D, have the meaning set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not
knowingly 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 subcontractor that the verification process to comply with this requirement will be
accomplished by checking the System for Award Management ("SAM") at www.sam.gov and including a copy
of the results in its project files. Subrecipient may decide the frequency by which it determines the eligibility of
its subcontractors. Subrecipient may rely upon a certification of a prospective subcontractor that is not
proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of
Subrecipient to furnish the certification attached hereto as Addendum D 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 D, without modification, and this language under this Section
28,in all its subcontracts.
SECTION 29. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for explicitly religious activities, such as worship, religious
instruction, or proselytization, as part of the programs or services funded with direct financial assistance from
the Department. If an organization conducts such activities, the activities must be offered separately, in time or
location, from the programs or services funded with direct financial assistance from the Department, and
participation must be voluntary for beneficiaries of the programs or services funded with such assistance
Subrecipient shall comply with the regulations promulgated by the HHS at 45 CFR Part 87.
SECTION 30. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended
under this Contract. If copyrighted materials are developed in the under this Contract, the Department and HHS
shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to
authorize others to use,the copyrighted work for government purposes.
SECTION 31. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or
remedy, nor shall any action 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 32. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or an administrative
tribunal of competent jurisdiction,the remainder shall remain valid and binding.
Page 11 of 23
SECTION 33. 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 Environmental Tobacco Smoke
4. Addendum D-Certification Regarding Debarment,Suspension and Other Responsibility Matters
5. Exhibit A-Contract Benchmarks
6. Exhibit B-Performance Statement
7. Exhibit C-Budget
SECTION 34. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's
employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic
beverages,or for the purchase of alcoholic beverages.
SECTION 35. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to
perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature
or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil
disorders, rebellion or sabotage; and (iv) quarantines, embargoes and other similar unusual actions of
federal,provincial,local or foreign Governmental Authorities;and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and
such occurrence could not have been circumvented by reasonable precautions and could not have been
prevented or circumvented through the use of commercially reasonable alternative sources, workaround
plans or other means.
SECTION 36. 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 37. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and
conditions of this Contract.
SECTION 38. 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.
Page 12 of 23
SECTION 39. 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 40. 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: Michael De Young,Director of Community Affairs
Telephone:(512)475-2125
Fax:(512)475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Attention:Fernando Costa,Assistant City Manager
Telephone:(817)392-6122 Fax:(817)392-6134 Email:femando.costa@fortworthtexas.gov
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 40.
SECTION 41. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation
pursuant to this Contract,venue shall lie in Travis County,Texas.
SECTION 42. APPEALS PROCESS
Subrecipient must establish a denial of service complaint procedure for individuals whose application for service
or assistance is denied, terminated, or not acted upon in a timely manner in accordance with Section 6.8 of the
CSBG State Rules.
SECTION 43. ASSIGNMENT
Subrecipient must establish a denial of service complaint procedure for individuals whose application for service
or assistance is denied, terminated, or not acted upon in a timely manner in accordance with Section 6.8 the
CSBG State Rules.
Page 13 of 23
SECTION 44. LIMITATION ON ABORTION FUNDING
Pursuant to Section 6.25 of Article IX of SB 1, 85th Legislature, Regular Session (2017) ("General Appropriations
Act"), to the extent allowed by federal and state law, money appropriated by the General Appropriations Act for
state fiscal year 2018 and 2019 may not be distributed to any individual or entity that, during the period for which
funds under this General Appropriations Act are appropriated:
A. Performs an abortion procedure that is not reimbursable under the State's Medicaid program;
B. Is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not
reimbursable under the State's Medicaid program;or
C. Is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the
State's Medicaid program. This limitation on funding does not apply to a hospital licensed under Chapter
241 of the Health & Safety Code, a State hospital, a State-owned teaching hospital, a teaching hospital, a
residency program accredited for medical education, or an office exempt under Section 254.004(2) of the
Health and Safety Code.
SECTION 45. SPECIAL CONDITIONS
A. These funds may only be used for direct client assistance.
B. Reserved for EARAC Conditions. Not Applicable
EXECUTED to be effective on May 23,2019
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: June 25,2019 2:26 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: David Cervantes
Title: Its duly authorized officer or representative
Date: July 1,2019 3:58 pm
OFFICIAL. RECORD
CITY SECRETARY
FT WORTH,TX
Page 14 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 61180003107
FY 2019 COMMUNITY SERVICES BLOCK GRANT PROGRAM
STATE DISCRETIONARY FUNDS
CFDA#93.569
APPROVED AS TO FORM AND LEGALITY:
11vol-
Matt Murray
Assistant City Attorney
ATTEST: � OR
Mary . Kay
City Secretary 'XAS
r.
M&C C-28956
Dated: December 4,2018
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)
Title: Assistant City manager
Date: June 25, 2019
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: David Cervantes (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: July 1, 2019
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
r
Sonia Singleton, Assi t Director
Neighborhood Servi ;es
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, Tl�
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients 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.
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: June 25,2019 2:26 pm
Page 15 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
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)(f) 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 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
(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):
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Page 16 of 23
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.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: June 25,2019 2:26 pm
Page 17 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994,
requires that smoking not be permitted in any portion of any indoor routinely owned or leased or contracted
for by an entity and used routinely or regularly for provision of health, day care, education, or library
services to children under the age of 18, if the services are funded by Federal programs either directly or
through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not
apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid
funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to S 1000 per day and/or
the imposition of an administrative compliance order on the responsible entity by signing and submitting
this Contract the Subrecipient certifies that it will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be included in any
subawards which contain provisions for the children's services and that all subgrantees shall certify
accordingly.
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: June 25,2019 2:26 pm
Page 18 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
ADDENDUM D
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 section (b) of this
certification;and
(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.
(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.
(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.
Page 19 of23
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:
"CER TIFICA TION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITYAND 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
0&45iere 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:
[Signature]
Printed 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.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: June 25,2019 2:26 pm
Page 20 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
EXHIBIT A
CONTRACT BENCHMARKS
City of Fort Worth
a political subdivision of the State of Texas
Contract 100% expended as provided in the Budget by September 30, 2019, which is when the Contract Term
ends.
Page 21 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
EXHIBIT B
PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
Contract Term: 05/23/2019-09130/2019
Service Area: Tarrant County
ACTIVITIES DESCRIPTION
City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient") agrees to perform the following
measurable activities:
1. Provide direct client assistance.
Page 22 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180003107 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
EXHIBIT C
BUDGET
City of Fort Worth
a political subdivision of the State of Texas
Contract Term: 05/23/2019-09/30/2019
Contract Type: Original
Budget Category Category Totals
PERSONNEL S 0.00
FRINGE BENEFITS S 0.00
TRAVEL $0.00
EQUIPMENT S 0.00
SUPPLIES S 0.00
CONTRACTUAL $0.00
OTHER $120,401.00
INDIRECT COSTS $0.00
TOTAL S 120,401.00
Page 23 of 23
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2018 -Ordinance No.23501-12-2018
DATE: Tuesday,December 4,2018 REFERENCE NO.: C-28956
LOG NAME: 19NS CSBG2019
SUBJECT:
Authorize Acceptance of 2019 Community Services Block Grant Funds,a
Federally Funded Program Sponsored by the U. S. Department of Health and
Human Services to Support the Reduction of Poverty,the Revitalization of
Low-Income Communities and the Empowerment of Low-Income Families and
Individuals to Become Fully Self-Sufficient,in an Amount Up to
$2,200,000.00 from the Texas Department of Housing and Community Affairs,
Authorize Execution of Related Contracts,Adopt Appropriation Ordinance and
Waive Indirect Costs(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of 2019 Community Services Block Grant funds
in an amount up to $2,200,000.00 from the Texas Department of Housing and
Community Affairs;
2. Authorize the execution of related contracts,including any renewals,
amendments and extensions in accordance with City policies and regulations
with the Texas Department of Housing and Community Affairs for the grant
funds for the program year beginning on January 1,2019 and ending on
December 31, 2019;
3. Adopt the attached appropriation ordinance increasing estimated
receipts and appropriations in the Grants Operating Federal Fund in an
amount up to$2,200,000.00, subject to receipt of the grant; and
4. Waive indirect costs in the estimated amount of$181,500.00.
DISCUSSION:
The City of Fort Worth contracts with the Texas Department of Housing and
Community Affairs(TDHCA)to provide the Community Services Block Grant
(CSBG)Program through Community Action Partners(CAP)which is managed by
the City's Neighborhood Services Department. TDHCA has notified the City
to use prior year's grant and contract award as a planning figure for the
2019 CSBG program. The total 2018 contract amount is$1,831,510.00. CAP
staff projects an increase in funding resulting in an estimated grant award
in an amount up to $2,200,000.00 for 2019. The additional appropriation
takes into account anticipated increase in services and the award of
subsequent grant amounts due to other grantees being unable to spend their
funding. During the past five years,the City has received an average of
$1,959,191.00 per year and as much as $2,104,024.00 in one year. TDHCA
distributes the funds in quarterly allocations. The first allocation of
$438,522.00 will be available for use beginning January 1,2019.
CSBG provides programs and services to assist low-income persons with case
management, emergency assistance, outreach and certification for energy
assistance, information and referral and holiday assistance as well as
provides clients with transportation to employment,educational training,
medical services and other needs. TDHCA does not require CSBG
subrecipients to procure vendors for client assistance but allows the use
of vendors according to the needs of the client that is related to
education or employment.
CSBG also supports administrative and programmatic staff salaries. The CAP
in the Neighborhood Services Department serves as the designated Community
Action Agency for all of Tarrant County, in accordance with federal law and
as such,administers CSBG-funded programs. Nine neighborhood CAP offices
will be utilized to deliver the CSBG program services.
A waiver by the City of indirect costs will maximize program benefits. The
CSBG program provides for 25 full-time positions with estimated direct
salaries of$1.1 million. Addition of indirect costs would result in
reduction in staff and services. The estimated indirect costs that are
being asked to be waived is$181,500.00.
No matching funds are required from the City for the CSBG program.
This program services ALL COUNCIL DISTRICTS and the rest of Tarrant County.
This contract will be with a governmental entity,state agency or public
institution of higher education: Texas Department of Housing and Community
Affairs.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that,upon approval of the above
recommendations, receipt of the grant and adoption of the attached
appropriation ordinance, funds will be available in the current operating
budget,as appropriated,of the Grants Operating Federal Fund. This is a
reimbursement grant.
FUND IDENTIFIERS (FIDs):
ig
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FRAM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
1. 19NS CSBG2019_AO19.docx (Public)
2. 2017-08-24 FtWorth NSD ltr vendors.pdf (CFW Internal)