HomeMy WebLinkAboutContract 53903 CSC No.53903
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RECEIVED
MAY i ^ 2020
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Cn of TORT WORTH CONTRACT NUMBER 61190003263 FOR TIM
CITY SECRETARY pY 2019 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
Awarding Federal Agency: United States Department of Health and Human Services(f1HS)
TDHCA Federal Award Number; 0-19BLTXCOSR
-Award Year(Year of Award from HHS to TDHCA); 2019
Unique Entity Identifier Number; 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2019 Community Services Block Grant Program State Discretionary Funds Contract Number
61190003263("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 March 26, 2020, and, unless earlier terminated, shall end on August 31, 2020
("Contract Term!).
SECTION 3. SUBRECIFIENT PERFORMANCE AND SERVICE AREAS
A. Subrecipient's service area consists of the-following counties("Service Area"): TARRANT
B, Subrecipient throughout its Service Area 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 Rirther 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 addendu ns 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.All such addendums and exhibits are incorporated herein for all relevant purposes.
C. Subrecipient must utilize funds to provide direct client assistance to Low Income Households (defined at 10
TAC §6.3(h)(33)) economically impacted by Coronavirus Disease 2019("COVID-19"). This impact
includes but is not limited to lost wages, increased childcare -costs because of school closures, or higher
utility bills because of longer hours in the home. Eligible activities could also include grocery or meal
delivery for those who are unable to leave their homes.
OFFICIAL RECORD
CITY 517-CRUARY
TT. WOR
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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 Subrecipiont in an amount up to $91,925.00 in accordance with the
budget as-approved by the Department and the terms of this Contract.
D. 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 terims
of this Contract.
C. Department's obligations under this Contract are contingent upon the actual receipt and availability by the
Department of adequate 2019 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 Subrecipiont
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 arc subject to reimbursement to Subrecipient by any source
other than Department;
(2) are not allowable costs,as set forth in the CS13G Act and Section 3C;
(3) are not strictly in accordance with the terms of this Contract, -including the addendums and exhibits
attached hereto;
(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
allowable costs actually incurred or performances rendered during the Contract Term for activities specified
in the CSBG Act.
SECTION 5. PAYMENTICASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days.
Subrecipieut'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 or an advance of $5,000,
whichever is greater. 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.
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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
Subrecipierifs 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)calendar days from the end of the Contract Term.
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. Subreciplent shall repay 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 1'RINCIPLE3. 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 TAG §20.421 in effect on the
effective date of this Contract C UGMS"). All references in UGMS to "local government" shall be
construed to mean Subrecipient.
B. INDMCT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%, as detailed in the
letter from the cognizant agency.
C. AUDIT RE UMM ENTS. 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 discretionary funds may not used to pay for the audit.
D. ATUT 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.
F.. CERTIFICATION FORM. For any fiscal year ending within or one year after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60)
calendar days of the Subrecipionfs fiscal year end. If the Subrecipient's Single Audit is required by 2 CFR
Part 200, Subpart F, the report must be submitted to the Federal Audit Clearinghouse ("FAC") the earlier of
30 calendar days after receipt of the auditor's report or nine (9) months after the end of its respective fiscal
year. As noted in 10 TAC §IA03(f), Subrecipient is required to submit a notification to Department within
five (5) business days of submission to the FAC. Along with the notice, indicate if the auditor issued a
management letter. If there is a management letter, a copy of the letter must be sent to the Department. Both
the notice and the copy of the management letter, if applicable, must be submitted to
SAaadACF@tdhca.state.tx.us.
F. 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.
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SECTION 7. TERMINATION AND SUSPENSION
A. TFP-WN'ATION. 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,or for any costs that are disallowed.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
termination or suspension, Subrecipient shall not be relieved o£ 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.
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 42 U.S.C.
§9918(a)and 10 TAC§6.205(a).
B. Subrecipient may not use funds under this Contract for activities prohibited by 42 U.S.C. § 9918(b) and 10
TAC§6.205(b).
C. Utility and rent deposit refunds from vendors must be reimbursed to the Subrecipient and not the customer
in accordance with 10 TAC§6.205(c).
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. Subreciplent aclmowledges 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, HUS, 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.
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D. CORD RETENTION, Subrecipient agrees to maintain such records in am 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; (H) 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; Oil) 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.
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. Subreciplent must filo 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 shalt submit to Department no later than forty five (45) calendar days after the
end of the Contract Term un 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 in accordance with Section 7 of this Contract..
F. UNIQUE ENTITY IDENTIFIER NUM—BUR. Subrecipient shall provide the Department with a Data
Universal Numbering System ("DUNS'l 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.sEm.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.
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SECTION II. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED 13Y 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
heroin and is effective on the date designaled by such law or regulations without the requirement of a
written amendment hereto. Said changes, additions, or deletions referenced under this Section II(A) 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 SIGNAT'UIiES. 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).
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 11I, "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 Subreciplent'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 Subreeipient'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 Subreeipient'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 Department may issue such
corrective actions in accordance with 10 TAC§2.203.
SECTION 14. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shalt 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.
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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 subcontractual 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
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 SubrecipienCs 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: LTABILTTY. 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 19.
D. MERGF-R• 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. CONT L.IANCE 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
Rinds 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 effmms by signing this Contract and
Addendum B that it is implementing the Drug-Free Workplace Act of 1988(41 USC§701,et seg).
C. LUOTED 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 0£ August 11, 2000
reprinted at 65 F.R 50121, August I6, 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. INFORIvJATION SECURITY AND PRIVACY RE UIREIv1ENTS. 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).
E. PREVENTION OF TRAI+FICKING. 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 seg.). 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.
11. 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
Deparment 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.
SECTION 22. CERTIFICATION REGARDING UNDOCUMNTED 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 8U.S.C. §1324a(f), Subrecipient shall
repay the public subsidy with interest, at the rate of five percent (50A) per acrrum, not later than the 120th day
after the data the Department notifies Subrecipient of the violation.
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SECTION 23. CONI 1r ICT Or,INTERESTMEPOTISM
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 fallow 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.
13. 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 sub-agreements. 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 notions to be applied for violations of such
standards by officers,employees,or agents ofthe 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 PROHIMITED
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
bereto as Addendum A and incorporated herein for all relevant purposes.
SECTION 25. NON-DISCRUWNATION,EQUAL ACCESS AND EQUAL OPPORTUNITY
A. NON-DISCRIIyINATION. 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 fiends made available under this Contract, on
the grounds of race,color,religion,sex,national.origin,age,disability,political affiliation or belief.
B. E UAL 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 11 and III of the Americans with Disabilities Act (42U.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.
Page 9 of 22
SECTION 26. 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.
SECTION 27. 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. After said verification, Subrecipient may decide the
frequency by which it determines the eligibility of its subcontractors during the term of subcontractor's
agreement. Subrecipient may subsequently rely upon a certification of a subcontractor that is not proposed for
debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of Subrecipient to
furnish the certification attached hereto as Addendum 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 without modification, and this language under this Section
SECTION 28. 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 29. 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 HITS
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 30. 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.
Page 10 of 22
SECTION 31. 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 32. 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 arc 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. xlubit B-Performance Statement
7. Exhibit C-Budget
SECTION 33. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipienfs employees
who use alcoholic beverages while on ae6ve duty, for travel expenses expended for alcoholic beverages, or for
the purchase of alcoholic beverages.
SECTION 34, 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: (1) catastrophic weather conditions or other extraordinary elements of nature
or acts of God; (H) 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 35. ALTERNATIVE DISPUTE RE'SOLUTION
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 36, 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,
Page 11 of 22
SECTION 37. COUNTERPARTS AND FACSIlI2IIME 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 38. 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 39. 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:famando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, trailed 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 39.
C. Subreoipient shall provide contact information to the Department in accordance with 10 TAC§6.6.
SECTION 40. 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 41. APPEALS PROCESS
Subreoipient 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 42. 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 12 of22
SECTION 43. 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 Subrecipicnt 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 43 during the Contract Term.
SECTION 44. SPECIAL.CONDITIONS
The following conditions apply to this award:
Intentionally left blank
EXECUTED to be effective on March 26,2020
SUBRECLPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: April 16,2020 9:57 am
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Robert Wilkinson
Title: Its duly authorized officer or representative
Date: April 20,2020 9:56 am
Page 13 of22
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 61190003263
FY 2019 COMMUNITY SERVICES BLOCK GRANT PROGRAM
STATE DISCRETIONARY FUNDS FOR COVID-19 ELIGIBLE ACTIVITIES
CFDA#93.569
APPROVED AS TO FORM AND LEGALITY:
MQft M��
Matt Murray(May 12,290)
Matt Murray
Assistant City Attorney
ATTEST:
4 X
Mary 1.Kayser
City Secretary �•
Ordinance No. 24161-04-2020
Dated: April 7,2020
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)
Title; Assistant City manager
Date: April 16,2020
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson(signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date. April 20,2020
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.
D `1 D
Sonia Singleton( y6,2020)
Sonia Singleton,Assistant Director "sm"��
Neighborhood Services
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61190003263 FOR TBE
FY 2019 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 roliance 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 MOAN 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 malting 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: Apr!116,2020 9:57 am
Page 14 of22
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61190003263 FOR THE
FY 2019 COMMUNITY SERVICES BLOCK GRANT PROGRAM("CS13G")
STATE DISCRETIONARY FUNDS
CFDA#93.569
ADDENDUM $
CERTIFICATION REGARDING DRUG-FREE W OREPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug Free Workplace Act of 1988: 45 CPR
Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645(4)(1) and (b) provide that a Federal agency may
designate a central receipt point for STATE-WIDE AND STATE AGENCY-RIDE cert fications, 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,200Independence 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 ofthe 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 o£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;
(i) 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 Fart Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Page 15 of22
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 hails 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 Subreciplenes 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.
SUBRECRIENT;
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: April I6,2020 9:57 am
-Page 16 of22
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61190003263 FOR THE
FY 2019 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 Iocal 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/grantce 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 ofFort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: April 16,2020 9:57 am
Page 17 of 22
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AiTA1RS
CONTRACT NUMBER UMBER 61190003263 FOR TIE
FY 2019 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;
(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.
(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 18 of 22
Where the undersigned Subrecipient is unable to certify to any of the statements in this certificalon, 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-SubcontractslLower
Tier Covered Transaction,"without modification,in all subcontracts and in all solicitations for subcontracts:
"CERTIFICATIONREGARDINGDEBARMENT,SUSPENSION,INELIGIBfLITYAND VOLUNTARY
EXCLUSION-SUBCONTR4CTSILOWER 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 certijy to any of the statements
in this certification,such prospective participant shall attach an explanation to thisproposal.
LOWER TIER PARTICIPANTISUBCONTRACTOR:
[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 Subrecipiont 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.
SUBREC]PIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: April 16,2020 9:57 am
Page 19 of22
TEXAS DEi PARTMEi NT OF ROUSING AND COMMMTY AFFAIRS
CONTRACT NUMBER 61190003263 FOR THE
FY 2019 COMMUNITY SERVICES BLOCK GRANT PRO GRAM("CSAG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
)XHIBIT A
CONTRACT BENCHMARKS
City of Fort Worth
a poIitieal subdivision of the State of Texas
Contract I00%expended as provided in the Budget by August 31,2020,which is when the Contract Term ends.
Page 20 of 22
TEXAS DEPARTMENT OF HOUSING AND COMMUMTV AFFAIRS
CONTRACT NUMBER 61190003263 FOR THE
FY 2019 COhO4 TT'Y SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
EXHIBIT B
PERFORMANCE STATEME,NT
City of Fort Worth
a political subdivision of the State of Texas
Contract Term.: 03/26/2020-08/31/2020
Service Area. TARRANT
ACTIVITIES DESCRIPTION
City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient") agrees to perform the following
measurable activities:
1. To provide direct client assistance to Low Income Households (defined at 10 TAC §6.3(b)(33)) economically
impacted by COVTD-19. This impact includes but is not limited to lost wages, increased childcare costs
because of school closures, or higher utility bills because of longer hours in the home. Eligible activities
could also include grocery or meal delivery for those who are unable to leave their homes.
Page 21 of 22
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61190003263 FOR THE
FY2019 CONRYTU ITTY SERVICES BLOCK GRANT PROGRAM("CSBG")
STATE DISCRETIONARY FUNDS
CFDA#93.569
E,XDIBIT C
BUDGET
City of tort Worth
a political subdivision of the State of Texas
Contract Term.: 03/26/2020-09/31/2020
Contract Type: Original
Budget Category Category Totals
PERSONNEL $0.00
FRINGE BENEFITS $0.00
TRAVEL $0.00
EQUIPMENT $0.00
SUPPLIES $0.00
CONTRACTUAL $0.00
OTHER $91,925.00
INDIRECT COSTS , $0.00
TOTAL $91,925.00
Page 22 of 22
ORDINANCE NO. 24161-04-2020
AMENDING ORDINANCE NO. 24089-03-2020 TO AUTHORIZE THE
CITY MANAGER TO EXECUTE ALL CONTRACTS AND ANY OTHER
LEGAL INSTRUMENTS NECESSARY FOR CONDUCTING CITY
BUSINESS FOR THE DURATION OF THE DECLARATION OF PUBLIC
HEALTH EMERGENCY ORDERED BY MAYOR BETSY PRICE ON
MARCH 13,2020,AS CONTINUED,AMENDED OR RENEWED,OR ANY
EXECUTIVE ORDER BY THE GOVERNOR OF THE STATE OF TEXAS
OR BY TARRANT COUNTY JUDGE B. GLEN WHITLEY, AS MAY BE
CONTINUED, AMENDED OR RENEWED, RELATING TO SERVICES
AND ACTIVITIES DURING THE COVID-19 DISASTER ;
TEMPORARILY SUSPENDING SECTION 2-9 OF THE CITY CODE AND
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING AN EFFECTIVE DATE AND AN
EXPIRATION DATE; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, pursuant to authority under Chapter 418 of the Texas Government Code, on
March 13,2020 Mayor Betsy Price ordered a Declaration of Public Health Emergency in response
to the novel coronavirus now referred to as COVID-19, which has been declared as a worldwide
pandemic by the World Health Organization; and
WHEREAS, on that same day the Governor of Texas issued a State of Disaster for all
Texas counties and the President of the United States declared a State of National Emergency for
the United States of America due to the COVID-19 virus; and
WHEREAS, in the days that have followed, the Mayor's Declaration of Public Health
Emergency has been revised and extended by the City Council to increase restrictions and
precautions necessary to minimize the risk of transmission of the COVID-19 virus, and the
Governor of Texas and Tarrant County Judge B. Glen Whitley (among other County Judges and
Commissioner's Courts with jurisdiction in the City of Fort Worth)have issued various Executive
Orders to address the health risks posed by the COVID-19 virus; and
WHEREAS, in order to reduce risks of transmission of the COVID-19 virus by limiting
person-to-person contact,the City Council meetings of March 17,24,and 31,2020 were cancelled,
and it is anticipated that additional City Council meetings may also be cancelled as a result of this
public health emergency; and
WHEREAS, Section 2-9 of the City Code requires advance City Council approval of all
City contracts and other legal instruments except for a limited number of those in which the City
Council has granted administrative execution authority to the City Manager and any Assistant City
Manager (including the Deputy City Manager), as more specifically outlined in Section 2-9(d) of
the City Code; and
Ordinance Amending Ordinance No.24089-03-2020 Suspending Section 2-9 of the City Code
and Granting Administrative Execution Authority to the City Manager
During Public Health Emergency
Page 1 of 3
WHEREAS,the City Council wishes to minimize any disruption to City business that may
be caused by City Council meeting cancellations as elected officials and other City administrators
seek to take measures to reduce the opportunity for transmission of the COVID-19 virus and to
ensure that persons in the City who are impacted by this health crisis receive the highest level of
care and attention possible; and
WHEREAS, on March 19, 2020 the City Council adopted Ordinance No. 24089-03-2020
suspending Section 2-9 of the City Code for the duration of the Mayor's March I3, 2020
Declaration, as might be amended, continued, or renewed, in order to allow the City Manager or
any Assistant City Manager(including the Deputy City Manager)to execute all contracts and other
legal instruments deemed necessary to carry out the City's business without having to convene
City Council meetings during this public health emergency in order to obtain initial approval of
such contracts and other legal instruments; and
WHEREAS, in the light of subsequently issued Executive Orders by the Governor of
Texas and Tarrant County Judge to address the health risks posed by the COVID-19 virus, which
also apply to the City of Fort Worth,the City Council now wishes to amend Ordinance No 24089-
03-2020 to suspend Section 2-9 of the City Code in order to allow the City Manager or any
Assistant City Manager (including the Deputy City Manager) to execute all contracts and other
legal instruments deemed necessary to carry out the City's business for the duration of the Mayor's
March 13,2020 Declaration, as may be amended, continued,or renewed, as well as any Executive
Order of the Governor of Texas or Tarrant County Judge imposing restrictions or other directives
in connection with the COVID-19 crisis,as maybe amended,continued,or renewed (collectively,
the "Declarations and Orders");
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION I.
Notwithstanding Section 2-9 of the City Code and to the fullest extent permitted by
applicable law, the City Manager and any Assistant City Manager (including the Deputy City
Manager) are hereby authorized to execute any contracts or other legal instruments as they deem
necessary to carry out City business for the duration of the Declarations and Orders,as any of such
may be continued, amended or renewed. Any provisions of Section 2-9 of the City Code that
directly conflict with the provisions of this ordinance are hereby suspended. The City Manager
shall provide a weekly report to the City Council regarding the contracts and other legal
instruments executed pursuant to the authority granted hereunder.
Ordinance Amending Ordinance No.24089-03-2020 Suspending Section 2-9 of the City Code
and Granting Administrative Execution Authority to the City Manager
During Public Health Emergency
Page 2 of 3
��ayUGl�S9G�to�
Signature.. ----� Signature:
Soda Singleton JApr29,2020J Malt Murray}May 6,20_)
Email: sonia.singleton@fortworthtexas.gov Email: matthew.murray@fortworthtexas.gov
SECTION 2.
This ordinance will be effective immediately upon its adoption by majority vote of the City
Council and shall continue in effect until final expiration of the Declarations and Orders,as any of
such may be continued, amended, or renewed, unless repealed earlier by majority vote of the City
Council. Unless earlier repealed by majority vote of the City Council, upon final expiration of the
Declarations and Orders, as any of such may be continued, amended, or renewed, this ordinance
shall automatically be repealed, and the provisions of Section 2-9 of the City Code immediately
will take effect once more. The reinstitution of Section 2-9 of the City Code will not affect the
validity and enforceability of any contracts or other legal instruments executed by the City
Manager or any Assistant City Manager (including the Deputy City Manager) during the period
in which the Declarations and Orders, as may have been amended, continued,or renewed, were in
effect.
SECTION 3.
In addition to Section 2, this ordinance shall be cumulative of all provisions of ordinances
and of the Code of the City of Fort Worth, Texas(2015), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby suspended.
,1
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences,clauses and phrases of this ordinance are severable, and, if any phrase,clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional or illegal by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph or
section.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Peter Vaky,Deputy C' Attorney Mary J. Kay F Ci re#ary
ADOPTED AND EFFECTIVE: April 7,2020
01
Ordinance Amending Ordinance No.24089-03-2020 Suspending Section 2-9 of the City Code.
and Granting Administrative Execution Authority to the City Manager �j;..,�
During Public Health Emergency 1W