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HomeMy WebLinkAboutContract 53416-A3CSC No. 53416-A3 3 TEXAS DEPARTMENT OF HOUSING AND COMMUIVITY AFI'AIRS AMENDMENT NUMBER XI'O CONTRACT NUMBER 61200003206 FY 2020 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG") CFDA#93.569 A�r•arding Federal Agency: United States Department of Health and Htunan Services TDHCA Federal Award Number: G-2001TXCOSR Award Year (Year of Awazd from HHS to TDHCA): 2020 Unique Eurity Identifier Number: 147336965 3 This Amendment Number 9Cto Con►miu►ity Services Block Grant Program Contract Number 61200003206 by and between the Texas Department of Housing and Community Affairs ("Department"), a public and official agency of the State of Texas, and City of Fort Worth ("Subrecipient"), a political subdivision of the State of Texas, hereinafter collectively referred to as "Parties". RECITALS WI�REAS, the Depazhuent and Subrecipient executed the 2U20 Community Services Block C'rrvrt Program Contract Number 61200003206 ("Contract"); and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and suff'iciency of which are hereby acknowledged, die Parties agree as follows: 1. Section 2, Contract Tenu, of this Contract is hereby amended and replaced in its entirety to read as follows: "Secrion 2, Contract Term. This Coulract shall commence on January Ol, 2020, aud, unless earlier terminated, shall end on June 30, 2021("Contract Term")." 2. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event dus Amendment and the terms of the Contract are in conflict, this AmencLnent shall govern, unless it would make the Contract void by law. 3. Each capitalized term not expressly defuied herein shall have the meauing given to such term ni the Conlracl. 4. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. 5. ff auy of die Parties retunis a copy by facsimile machine or electronic transmission, the signnig party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signahue. 6. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. 7. This Amendment shall be bind'uig upon the Parties hereto and their respective successors and assigns. 8. This Amendment shall be effective on March 31, 2021. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 2 AGREED TO AND EXECUTED BY: SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Tesas By: Femando Costa Title: Assistant City Manager Date: April 7, 2021 9:36 am DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUIVITY AFFAIILS, a public and nfficiat agency of the State of Teaae By: Robert Wilkinson Title: Its duly authorized officer or representarive Date: April 8, 2021 7:48 am Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMMUNITY SERVICES BLOCK GRANT (CSBG) CONTRACT NO. 61200003206; AMENDMENT NO. 3 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: J �,� Taylor Paris Assistant City Attorney ATTEST: ������ Mary J. Kayser City Secretary M&C: 19-0335 Dated: December 3, 2019 CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) Title: Assistant City Manager Date: Apri17, 2021 TEXAS DEPARTMENT OF HOUSING AND COMMUlvITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: Apri18, 2021 By signing below, 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �,� �.�a sor,�,s�r,g�et „Apr�5,zo2��3���oT, �FFICIAL REC�RD Sonia Singleton, Assistant Director CITY SECRETARY Neighborhood Services FT. W�RTH, TX r,��r s�c������ �ar�����€�,�-� r��. . �5� �l �o _ . T�xAS D�PAR'C'��TtiN'1' O�' HOII$IiVC A1Vi) C[)1b1NIl�NiTY r1FTAIRS CONTRACT 1�[IM}3Elt 612UOOd320G FOR T�fE �'S' 2020 COMM71N1"1.'Y S�iLV10E5 BLOCK GRANT PROGRAM ("CSSG") CPDA#93.569 Awarding Federal Agency; TJnitc� $tates 17c�artmcnt uf Health aud FIuman Services TDFfCA �'ederal A�vard �furnbcr: C-200ITXCOSR �1��ard Year (Ycar nf A�var� frorn HHS tu `I'Dk1Cr1): 2U2� ilniqtic Lntiiy T�Icntificr Numhc�•: 147336J65 S�CTIOiV 1. PARTI�S TO TI3� CONTRACT '17iis 2020 Coin«�anity 5ervices Black Grant Program Contract Number 612U0U4320b ("ConteacY') is 3nadc Uy a��d bcfwccrt tltc Texas DeE7at•tment of' Hausing and Coittmunity Affairs, a public a��d ofticia] agency of the Siate of Tcxas, ("Dcpas�mcnt") and City of FnE�t 1�4'nrti� a political subdivision of tl�e Statc of Texas ("SitbrecipienY') hereinaf�er tlle "Parties". S�CTFON 2. CONTRACT 'r�;TiM This Cpnfract shall con�mence on ,T�nuaiy Ol, 20�U, atttl, uttless earlier terminated, shali cnd on llcccntber 37, 2D20 ("Conteact Term"). SEC'CION 3. S URRECIPIENT PERTORi1�LANC� AND S�RVIC� AR�A A. Sttbrecipient s�,all impEemer,t a Comnitinity 5ervice Slack Grant P;�ogram ("C5BC7") in accordance witl� tlie pravisio�7s oF Cltapter 1D6 of tlie Coaj3�mnity SeEvices Block Grant Act {42 U.S.C. §9901 et seq.) ("CSBG AcP'), as antended by t��e "Commu�3ity Services Bloc3c Ci�•ant Ame��dments of T994" (?ublic Law 103-252) and the Coats Human Services ltea�EthoF�ization Act of 1998 (P�sbiic Law 1p5-28S}; Chapte�'s 2{05 and 23Q6 of ti�e Texas Governnlent Code ("State AcY'); the imp[ementing State s•egulations under Title 10, Yatt I, Chapte�' 1, Cl�apter 2, and Cl7apter 6, Subchapters A and II of thc Texas Adminislc'ative Code, as atneiided or s�ppfentente� fi'om time to time ("CSi3G State Rules"); and the �epartmer�f's guidance related to CSBG. SiEbrecipient faE-tlier agrees to co���ply �vitl� tl�e Cee�tification l2cgarding Lobbying C41' CD]]�l'AGtS, Graiits, Loaiis, �€�d Coopeiafive Agree�nents attached hereto as Addcndum A, Certificalion Regardittg llntg-Free Workplace ltequi��emenfs attacl�ed hereto as Adde�idu�n B, CeriiSication Regarding 3�s�viromnental '1'obacco Smoke atfachec� k�ereto as Addendum C, Ce��ti#ication Regarding Deba�ment, Suspension and Other Respons€bilify Matter atiack�ed hereto as Addenduvi D; thc ass���•ances, certi�catioits, attd a!1 other state»ients E»ade by 5ubrecipient i�z its application for fimding ����dcr this Contr2ct; and with all otlter tertns, provisions, and requircments hea•ein set fo��h. The Gertificalions altaclted l�ereto as Adde�idu�us A. B. C, and D are incorporated herein for al! relev�nt �ui'poses. R, Subrecipient shal! operate on an equiiable basis tlu•oughout Subrecipie��t's service area and shall utilire funds Por t€�e reduction of pover[y, lhe revifalization of communities, aud tfre empowcrmcnt of' iow-income families and incli�iduals to beeome fiilly seif-sufficient in aceordanee with tl�e Orga»izational 5tandarcts ac[opted by the Departmeut and as fu�tl�er ref3ected in 10 TAC �6.2D6. 5ubrccipicnt sl�all provide services and activities ofti�e iype specifieci i�i 42 U.S.C. §§9J01, 9907 excluding s��hsection (c), and 9908. C. Subrecepieitt agrees to perform all activitics in accordance tvith lhe commwiity action plan, iii accordaa�ce with 5ection 34 of tl�is Contract, the terms of the perTormance slatement ead budget submitted «=it3� the community action plan apprnved by the Depa��tn�eni {as may be amended in writing). D. SuhrecipienYs service area consists of the foflowing counties: '1'AIZI2AN`I' k� ����1v�� 1 Z��9 �a�'� .:.:,tt� c� ��s ��`r , ��d�� i af�� 5�C"TION 4. IlEPA72TM�1�'T I'INANCIAL OBLIGATIi)NS A. In considec•atioii of Subrecipieni's satisfactoEy pe��foa•mancc of this CantE•aci, Dcpartmei�t shall z•eiml��Erse tl�e actual allowable cosfs inciErred by Su€�recipient durie�g the Contract Term in an a���ou€�t up to $249,OSi.00 in accordance witli the budget as approvecl by the Depa�-tment in the comn��a��ity action plan (as R�ay be amended in w�•iting), and the terms of tl�is Contc•act. B. Any decision to obiigate additiona] futtds shall be made in writing by Dapartntent in its sale but 3•caso��ab[e discretion based upon the sfatus of f'unding under grat�ts tn Depar#ment anc� Stibrecipie€�t's overail complia��ce with tf�e tee��ns ofthis Co�itract. C. De{�artmenc's ob[igations under this Co�atracl 1re co�itin�ent upo� the actual receipt aGtd avai[ability by tl�e Dcpartment of adequate 2020 CSBG funds from the U.S. Department of Health aad HumaE3 Services ("HH5") and the State of Texas. If suflicient fimds are not available to mske paymenis under this Conta•act, Bepartcnent shall notify Subrecipient in writing witlain a reasonab[e tin�e after sucl� fact is defermined. I3epartment st�al[ then terminate tl�is Contract, and wil[ ��ot be iiahle for ihe fai[�E•e to n�a€ce 1ny pay«�ent to Snbrecipie��t under this Contract. De�artrne�it acic��ow[edges that it has received abligatioE3s frorrE tf�ose sources �ul�ich, if paid, will he suf�icient to pay the a[lowable costs iacarred by Subrecipient iinder tE�is Contract. D. Departn�enf shal[ aot be liable €o Si�bcecipie�it far certaan costs, including hut not limifed to costs which: 1. have E�een reimbursed to Sttbrccipient or are subject to rein�ba��sen�ent to Subrecipie��t by any source oiherthan Deparhnent; 2. are not allowabie costs, as set forth in the CSI3G Act; 3. are not strictty in accordance wi[h the terms af this Contract, including the addendums and eahibiis; �. ]�ave aot been 3•eparted to Deparimant within forty-�ve (45} calendar days following terminatio3a of this Contract; or 5. are not i��curred during tlie Cont�•act Term. I;. DepartmenE shall not release any fiinds e�ndcr this Co�a€�•act unti[ Depa�ttnent I�as de#erinined iu wriling tl�at Subrecipient's fiscal conri•ol and fiind accou�a€ing procedures a��e adequate to assu�•e the proper dishw�sal of and accounting far such funds. P. Naiwithstuiding �ny athce• provision of this Cantract, i�epar[ment sliall o��ly be Eiable to Subrecipient for ailowa6le costs actually incurreci or performances rendez•ect for ac#ivities specified in the CSBG Act. 5�C'C[Ol� 5. PAYM�I�'1'ICASFI BALANCES A. RTOUEST �'OIt ADVANCE. Subrecipie»t may request an advance for up to thirty (30} ciays. Subrecipient's reguest for cash advance s[�al[ he Iimitcd to the minin�um a3nount neected and be ti�ned to be in accordancc witl� ihe actual, immec[iate casl� rcquirements oF tl�e Subrecipient oz• an advance of $5,000, whichever is greater. Tn carrying out tk�e purpose of this Contract. Subrecipient must rec�uest a�� adva��ce payment by subinitticag a properly completed inoi�thly expendifurc repart to Bepartment ttuaugh the e[ectronic repaz•ting system na later than tk�e fifteei�th (1 Sth) day of the 3nonth prior to tl�e manth for which advance payment is sought, toget[3er wifh s€�c1� supportic�g documentatioc� as the l�epartn�ent may reasonably request, B, DISBURSIiMENT PI20C��URES, 5ube�ecipient shall establisl� procedures to mi��imire the ticne be€ween the disbursement of fu�ids f�rom Department to Sa�E•eci�ient and the expenditure of such fi�nds hy Suhrecipient. C. �EPAR'I'MENT OBLiGA'IIONS. Section 5(A) of this Contract notwithstanding, Department reserves the rigl�t tc� utilize a n�odifed cost reimbursement mcthod of payment, whereby E�ein�bu��scnient of costs incurred by a Subrecipient is n�ade only after tl�e Bepa�#ment has �-eviewed and a�proved backup dociErr�entation provided by tE�e 5ubrecipie�t to support such costs for all funds if at u�y time (1) Subrecipient �naintains cash balances in excess of need ar requests advancc payme��ls in excess of tl�irty (30) days need, (2) De�a3�imen€ identifies any deficiency in €he cash co��Yrols or fi3�ancial mauage3nent systein used hy Sabrecipient, (3) Subrecipient owes ihe I}epaE•tment fe»ids, or (4) Sub��eci�ient violates any terms of this Con[raet. Page 2 of 39 D. AI,LOWABLE EXf'ENSES. Alt fitttds paid to SuUrecipient pu��sua3�€ to ihis Contt�act are for tl�e payn�ent of 111o�vable expendit��res to be used for the ezclusive bene€�t of tt�e low-income pogulation of 5ubrecipieut's Se��vice Area ie�curred dut�iE3g thc CoF�tract Terin. 5iibrecipient naay incur cosis for acfivit€es assaciated i�itli the closeout af thc CSBG coiiiract for a period �ioi to excced forty-fve (45) days ca[eudar fron� the end of the Co3atracl Te�•ni. �. REFUND. Sai��•ecipient shsll refund to Departme��t acly sum of money which has bcen paid to SabG•ecipiei�l by De�artR�e�it, wl�ich Depazrtment dete�•3nines has resu[tect in an overpayinent. S�iba�ecapient shal[ a�ake sucl� E•efund withi�� fifieen (15) ca[euda�• days after the DepartrrEer,#'s requcst. F. REPAYMBN�'. Subrecipient sllall recapture funds lhat the Department detern�ines has not been spaE�t sh•ict[y in accordance witli the te�rns of tttis Contract a�id by which tk�e period of ohligatiozl h1s exgired. Subrecipient shall make such repayment within ['ifieen (i 5) calenda�� days atter the Depa�iment's regf�est. SECTION 6. ADMiNISTIi.A'CCV� REQUIREMEN'1'S, COST PRLi�'CI�i.�S, AND AUDIT RCQUII2EM�NTS A. ADMINISTRATI'VE R�; iJIREMEN`i'S ANl7 COST PItTNCIPL�S. Except as expressly modi�ed by law ar the tern�s of this Conteact, Suha�ecipie�rt shall comply witli the cost principles and uniforn� adnainistratevc requirernents set forth in the state Uni£otm Grant Management Standards, 34 TAC §20.421 in ef�ect on the effective date af this Contract ("UC'�MS"}, except as precmpted by Cosf Principies of Subpart T: of 2 CFR Part 20Q which apply to Subrecipients of Camn3unity Services i3[ock Grant funds ���rsuac�t to 42 U.S.C. �991fi(a)(1)(B). All �-eferences i�l UGMS to "(oca[ government" shall be construecE to mean Subrecipiec�t. [3, INDIRECT C05T RAT�. Suhrecipient has an approved indirect cost rate af O.DO%, as detailed in the letter from fhe cogniza�t agency. C, AUDIT REOUIREMENTS. Audit requireme3�ts are sct fo��th in tE�e Texas Single A�dit Act and Subpart F of 2 CT'R Part 200. "i'he expenditure tEueshold c�enuiring an audif is $750,000 of Federal funds. �, AUDIT REViEW. �epa�•tment reserves the right to canduct additional audits of the funds rcceived and performances rendered under tEzis Coniract. Subrecipient agrees to permit Department ar its autliorized rep�-esentative to audit 5ubreeipicnt's reco�•c�s and to obtain any documents, materaa(s, ar info3•macion necessa�y to faci[itate such audit. E. GERTIFICATION FORM. Far any fiscal yea�• e��ding within or ane year after the Cont��act Term, 5ubrecipient must submit an "Audit Certification Form" (availab[e from the Department) i�ithin sixty (GO) days afteE� the Subrecipie��t's fiscal year end. Tf the Subrecip€ent's Single Audit is ��equired by 2 CPR Pnrt 2(l0, Subpart F, the report mus# be suhmilted #o the Federal Aud'st Clearinghouse ("FAG") the earlier of 30 cale3�dar days after ��eccipt of the auditoc's report or nine (9) manths after the end of its respective fiscal year. As noted in IUTAC §1.403(fl, Subrecipieni is required to submit a natification to Deparrinent witE�in fi�e (5} business days of submission to the I'AC. Along with the noticc, i�dicate if tf�e auditor issued a�3aanagemenf letter. If thea•e is a�nanagement letter, a copy of the letter must be sent to the 7�epa3•[mex�t. Both tE�e ��otice ancl the co�y af the ra���agement [etter, if applicahle, must be subtt�itted to SAandAC�' a tdhca.state.�,us. F. SUBCONTRACT3, 'I'[3e Subrec€pient sha€1 inc[€�de language in any subconh•act lhat p:•ovides the I7epartment the abili[y ta dieect[y review, rao��itor, andlor a�adit tl�e operafiona[ and fina�icial perforn�ance and/or �•ecords oFwork pe►�formed under this Confract. S�CTIOi�T'1. 'TERM11VA1'[ON AND SUSPEIVSTOIV A. `I'ERM�iAT[ON. As per i0 TAC §§2.202 and 2.2U3 and subjeci to the CSBG Act/IM-116, Deparhnent may termiaate tl�is Coc�tract, in whole or in part, at any time lleparlment dctere��ines t[�at the��e is cause foe termi�ation. Cause for tea•minatio❑ includes, but is ��ot limited to, Subrecipient's failure to coinply witli any term of this Contract or reasonaE�le belief tttat Subrecipiei�t cannot ur rviil not comply tivith ihe require�nents of tliis Conh•ac#. B. SUSPENSION. As pe�• 10 TAC §§2.202 and 2.2�3 and subject to the CSBG Act/IM-11G, Department may suspend this Contract, in �vi�ole or in part, at any time Depa��tment deterniiE�es tl�at there is cause fo�� suspension. Nntl�ing in this Section 7 shall be construed to limit Departnient's authority to withliold payment and i€�ime�liately suspend this Contract if Depa��tment €dentifes possible instaE�ces of fraud, abuse, waste, fiscal mismauagement, oF• other deficie3�cies in Sub�•eci�ienYs performance includia�g hut �iot ]iz��ited to, 5ubrecipient's failure to correct any n�onito3•ing fnditigs an tE�is or aiiy state contract, ar ozl a single audit review. Page 3 of 19 C. LTABiL,I'I'X. De�art�nei�i sEtall not be iiable for any costs incurred by Subracipient aftcr tercnination or during s�spension of tE�is ContE��ct, ar for a►�y costs that are ct€sallotived. D. W11'HHOLDING OF PAYMEl�`1'S. Noiwitl�sianding any exeecise by I�eparl�neni of ifs rigi�t of deobligaiion, terminatian o�• suspension, Suhrccipienc sE�al[ not be relieved of any liability ta ➢epa�-#ment for damages by virtue of a«y breacE� of this Contraci by Subrecipiee�t. I]epartnaei�t niay withE�ald any payjnent due to Subrecipient u��tit such time as the exact aniaunt af daznages due to Depart€ncnt is a�reed upon or is otherwise deiermined in �vriting betrveeii the Pa�•ties. SEC'TION 8, PROHIBiT�D US�' 4T� FL1ND5 A. Subrecipient may not use fiinds under this Contract for the purchase or improvement of land or t[�e �urchase, consri•uction, or perrttaa�ent improvement of any bui[ding or other fac€lity as outlined in 42 1U.S.C. §§99 R 8{a) and i0 TAC §6.2U5(a). B. Subrecipient may «ot use funds uader tE�is Co€�tract for activities prohibitcd by �42 U.S.C. §§9918 {b) a�ad ]0 TAC §6.205(b). C. Utility and rent deposit refimds from vendors �e�ust be reimbursed to the Subrecipieut and not the custan�ea• in accordance witEa 10 TAC §(.2b5{c). S�CTIOIY 9. REC0121) KE�PING R�QLTIRGMEN't'S A. GENERAL. Suhrecipient sE�all mainiain fiscal and progranunatic records and supporting documentation for all expea�ditures made under tk�is Contract in accoa•dance with the L1GMS and Section iil, Common IZu[e: State Uniform Adininistrative Requirements fo�• Grar�ts and Caogerative Agreeenents, Si€bpart C-Post Award Require�nents, T.42. 5ubrecipient agrees to comply �vith any ct�a�ges to the UGMS :�ecordkee�ing requirements. For pui�soses of complia�ice, all assaciated documentation m�st be readily available, �vhether stared electranically or hard capy to justify compliance �vith program rules aad �•egulatinns. B, QPEN RF,CORI?5. Subrecipient acimowlec€ges tEaat all inforcnatioa collectec�, assembled, or maintai��ed hy Su�recipient pei�taining to this Contract is subject ta the "I'exas Public Infor3nation Act, Chapter 552 of Texas Government Code and n�ust provide citizens, pubtic agencies, and other interested parties with reaso��able access ta all �-ecords pertaining to TI135 Coi�t�-act sabject lo and in accordance with the fexas Public Inforcnatiott Act. C, ACCESS TO R�CORDS. Subrecipie��€ shall give the IIfIS, the U.S. Gene3�al Accounting Office, tE�e Texas Comptroller, the State Audilor's Office, ai�d Department, or any of thei�� duly authorized represe��tatives, access to a�ad the rigl�t to exa«�ine and copy, on or aft che premises of Subrecipient, a[1 �-ecords pertaining to t[�is Contract. 5uch ��ight to access shall continue as long as the 3•ecords are retained hy 5ubc�ecipieut. Suhrecipiee�t agrees to cooperate with a�iy examination conducted p��i•suant ta tl�is Subsectian C. 1�. RECaRD IiETEN`I'IOI�i. Subrecip€ent agrees to maintain such records �n an accessible location Tar ihe grea#e3• of: (i} tk�e tin�e period desc3�ibed in the state Uniform G�•ant N(a�iagement Standards, Chapte�� III, "State Unifotn� Administrative Requirements for Grants and Caaparative Agree�nents", Subpa��t C-Yost Award Requi3•ements, §_.42; (ii} if notified by the Depart3nent in �w•iting, thc date that the final audit is accepted with all audit issues resolved to the Depacrtment's satisfaclion; (iii) if any litigation claim, E}egotiatio��, inspection, or other action llas started before che expiration of the rec�uired retcntion Pe�•iod records must 6e refained until co�npletion of tlre acYion and resolution af all issues �vhich arisc €�3�der it; (iv) a da#e consistent wifh any a#her period �-equired by che perforn�ed activity reflected in federat or state law or segulatio��. Upon terE�aii�ation of this Contract, all recoE�ds a��e property of tE�e Depa�tment. E. SUBCONTRACi'S. Subrecipient shall include tk�e substance of this 5ectinn 9 ia all suhcoutracts. Page 4 of 19 S�CTIOIV 11i. 12�YORTING R�QU1Ttl�alll� i�TS A. GENT;RAL. Se�h�-ccipient shall suhmit to DegaitR�ent such reparts on ihe perforn�a��ce af fhis Conh•act as anay be rec�uircd by Depa�#me��t including, but not limited to, the ��eports specified i�� this Sectio�a 10. B. EXPI;NDIT[JRE R�;POIt1'S. Sy thc 15tf� of each mouth, Subrecipient shal] elecironicalty submit a Pe��Fo�•�nance Repo�i and �;xpendifure E2eport to ti�e 17epa�•tment of all expeuditut�es of funds and clie€�ts se��ved imder this Contraet during tl�e previous montE�, rega��dless of wl�ether Suba•ecipient makes a fund request. Subrecipient ntust fife a montlily Pee'fortt3ance attd Expendihtre repart itt a fi�nely manner, prior to accessing funds. T'he failure of 5uba•ecipie��t to provide a fu[1 accounting of all fuc�ds expended under tliis Conta•act shall eesult in the autoniatic suspe�3sion of tE�e ability of Subrecipient to request reimburse�ients and shall be identifed as n fnding in any monitoring review i3� accordance with the State CSBG Ri�les. C. FINAL REPORTS. Subrecipient sha€1 sub�nit a final Pe��£o��mance Report and a final F�xpendifure Report to t[�e Department after the end af #he Co3�tract 'ferm. Subrecipient m��st file a�nal Pea•formnnce a;�d �xpenditure report wiiliii� forty- �ve (45) calendar days aftea� the end of the Contract 'Te�•n� pr9ar to accessing funds in the subsequenc fisaal yea�•. IJ. Il�IV�NTORY. Suhrecipient shall submit to Depart€��ent no later than forty five (45) calendar days aftcr thc end of ihe Cantract Term an inventary of all vehic[es, tools, and equipment witi� a unit acquisition cost of $S,fl00.00 or more andlor a useful life af more tlian o�3e year, if piErcl�ased in wE�ole or 9n pa€•t witE� funds received undee• tl�is or previous CSBG Gonh•acts. The inve��tory si�al6 raflect the tools and equipment on hand as of the last day of the Contract Term, Upor� the termination of this Contract, Deparhnec�t may tra;�sfer tit[e to any equipment to thc Depait►nent oa• to any other entfty receiving CSBG funds from tlie Deparhnent. E. DEFAULT. If Subrecipie�3t fails #o submit within forty-five (45) ca[endar c[ays oi its due date, s«y report or response required by this Contract, iacludis�g respo��ses to n�onito��ing repo�•ts, �e�artment may, in its sole discreEion, suspe��d payments, place Sub�-ecipient on cos€ reimbu�•semenE �nethod of payment, and i�3it€ate proceedings to terminate the Contract in accordance witE� Section 7 of'this Confract. F. UNI UE ENTITY IBEN`I'i�iER NUMBER. Suhrecipient shal[ provide the ]7eparfineni �vith a Data U�iversaI Numbering System {"DUNS") aumber and a Cent��al Conri•actor Ttegistratiou {"CCR") Sysiem 3�u�nber to be used as the Clnique �;ntity Identifier Numbe�� on afl contracts and agreezne��ts. The �UNS number must he provided in a docume�at fi•om Dun and Bradstreet and thc current CCR nuniber must he subn�itted fi•on� a document retrieved from the https://www.sam.gov website. '1'hese dacu�nenis miist be provided to the Departmcnt prior to tl�e p3•ocessing fi3�st payment to Subrecipienc. Sub►•eci�iez�t shall maintain a c�urent t]LTNS number and CCR �iu�nber �'oz• the ent€rc Cont�•act Term. S�CTIOIV ll. CT�ANG�S A1VD AMENI)iVl�l�'T5 A. A11�NBMENTS AI�D CHANGES REQUITLEI) BY_ I,A,W. Any cE�ange, addition, or deletion to ilie ternis of fhis Conte�act requi��ed by a ct�ange in state oa• federal law or regulation is autamatically iE�corporated herein and is effective an the date desig��ated by such law or regulatioc�s without tha a•eguirerr�c��t of a writte« an�endme��t hereto. Said cha��ges, addiEions, or deletions referenced under this Sectio❑ I I of tf�is Contract n�ay be furthe�• evideF�ced in a �vritten amendment. [3. GENERAL. Except as specifical[y provided otherwisa in this Cantract, any ci�anges, additions, or deletions to the terms of this Contract ��ot required by a change i�i state or federal law oe• ��egulation shall F,e in writing and executed by batE� Pa�ties to tl�is Cont:�act. G. I'ACSIMIL�, SIGNATURES. If any PaE•ty rehie•��s at� execated copy by facsimile macE�ine or electronic trans�nission, ihe sig;�ing party intends the copy of its autl�orized signatu�•e pc•inted by the receiving fnacE�ine oE• the elech•onic hansmission, to hc its origina( signature. D. REQi1�;S"1'. The Depai�tmcnt �uust receive any Contract amendn�ent requests in wt�iti��g, and such requests nlust acfhere to10 TAC §63(e)(I}. Page 5 of 19 S�.C"1'ION 12. PR�GRAM IIYCOME Sub�•ecipient shall accou��t for and expend progran� i�icon�e derived fi•o�n acfivities [iilaraced in whole o�• i�� pa�•t �vith funds provided under this Coa�irac€ in accordance wit1� the state Unifon�� Grant Managen3ent Standards, more specifically Chapter �[I, "Siate U3�iform Adrr�i3�istrative Requiren�ents For Granis and Coo�erative Agreemen[s", Subpa�•t C- Post-Award 12equiremen[s--Pinancial Administ��ation, §_.25, Prog��am Tncoine, 2 C�'R §20D.80, and 10 TAC §6.205(c). SECTION I3. 'I'GCIiNICAL ASSISTAIVCE AND 11�ONI`I'OIi11VG Depa3�tnient may issue technical guidance to explain the rules and provicle direcfions on terins of f1�is Co��tract. Depa��tment oc� its dasignee n�ay conduct periodic oE3-site �nonitoring a��d evaluation of t(�c efficicncy, economy, and efficacy af 5uhrecipient's per€ormance of tl�is Contract. �7epar�ment will advise Suba•ec's�ient in writing of ar�y deficiencies noted during s��ch monitoring. 17e�artntent tivill provide tecE�nica[ assista��ce to Subrecipieni and �vil] rcquire ar suggest changes i�� Subrecipient's program imglementation or in Subrecipient's accounting, personnel, procu��enaent, and �na€�ageraent procecluE•es in order to co����ect any dcficiencies noted. Dcpartment may conduct follow-up �isits to review and assess the effoits Subrecipient f�as made to correct previoe�s[y noted de�icie��cies. I�epai�tn�ent may place Subrecipient a�� a cost c�eimb�EE�sen�ent method of gayinent, suspend or tern�inate this Coc�tract, o�• invoke other remedies i« the event fnonitoring or oiher reliahle sources reveal ma[erial defciettcies in Sab;•ecipient's perforn�ance o�• if 5ubrecipient faiis to correct any de�ciency within the timc lliowcd by federa[ oe stale law ar reguiation or by the ternts af this Coi�tract. DepaE�tment may issue such correccive actious in accordance with 10 TAC §2.2�3. S�CTION 14. INDI�PENDENT SUBR�CiPIENT It is agreed that Depa��n�ent is contracfing with Subrecipient as an inde�endent contractor. S�CTiON I5. PROCUIiENf�NT STANDARDS A. 5ubrecipient sha[1 comply witl� UGMS and t 0 TAC § 1.404, this Contract, and all applicable fecferal, state, and lacal [aws, regulations, and ordinances for making procure�nent transactions and purchases under this Conl�•act. B. Subrecipie��t n�ay noi use funds provided uader this Contract to purchase enuipment (as defi«ed by UGMS) with a unit acquisition cost (€he ne# invoice e3nit grice of aa itein of equipme;�t) of more #han $5,000.00, or ou any �ehicte pi�rcEaase unless Su6�-ecipieni has �•eceived the prior written app�•nva[ from tk�e Department for such purchase. G. When the 5uhrecipie��t no longer E�ceds equipment purchased �vith CSBG graut funds, regardless of pu�•chasc price, or ��pon tk�e terFninaEian of fhis Contract, �egae�tment «�ay take possession and transfer titte to any sucli propeE#y o�• eqiEipmeut to the Depa�-tmcnt o3• to a third pa��ty or may seek reimbursen�e3�t fi•om Subrecipient of tlae cun•ent unit grice of the item of eqtiipn�ent, in Deparhne�rt's so(e deterE��ination. Subreci�ienl must request permissian from tE�e Departmant to transfer tit[c n�� dispose of equipment puF•chased �vith CSBG gra��i funds. S�C`l'ION iG, SUBCONTRACTS A. Subrecipien# may not subg�ant funds u��der this Canh•act or subcontract the prima�•y periarinance of this Co€�t�-act, inc[uding but 3�oi timited to expenditure and perForn�ance repo��ting and d�•awing fund tt�rough the CoE3»nunity Atf'airs Contract Systein, aiid on[y Enay enter into subcontractua[ agreements foe consulting a�id other professionat services, if Sub�•ecipient has received Department's prior 4vritten a�p��oval. Subrccipient n�ay subcontract %r ihe deiive�y of clie�it assistence wiihout ohtaining Bepa��tme��t's prior approval. Any subcontract for the delivei}� of client assistauce will be subject to monitoring by the Departnaenl. B. In no ever�t shal[ a��y provision of tF�is Sectioa 16, speciFical[y the requi��ement that Suhrecipient obtain Department's p�•9or �vritten approval of a subcnc�tractor, be construed as e�elieving Suhrecipie��t of the res��ansibil€ty foe ensuring tl�at t€�e perfaimances rendeE�ed undeE• all subcontracts are z•endered so as to coniply witE� all of the te��rns of this Contract, as if sucE� perlbrmances E•endered were readered by Subreci�ient. Departmenc's approval u�x[er this Section lb daes not constitute adoption, ratification, or acceptance of Su6�-ecipient's or subconiractor's gerforn�ance hereunder. T]epartn�ent maintains the right to monilo�� a�ad rec�uire Subrecipient's fult complia€�ce with the terms of this Coc�tract. I)epa�tuieE�t's approva[ u�ader this Sectio�i l 6 does �iot rvaive any right of action wliict� may exist ar �vhich niay si€bseque��tly acc�•ue to I]ega��tment under this Contraci. Pagebofl9 SI�C°CCON 17. 1RAVFL Subrecipient sE�al[ adi�ere to 2 CFR §200.�7�3 aiid eit9aer iis board-approvcd trave[ paficy (c�ot to exceed the amounts cs#ab[isE�ed i�i subchapfea• J af Cha�,cer 57 of 'I'itle 5, United States Code "Travel ac�d Subsistence Ex�cnses; Mileage Allo�vances), or tt�e 5tate af Texas travel policics under l0I'AC §i.408. SubG•ecapient's w�•iUen travel policy shall delineate the rates wt�ich Subrecipiecaf shal] use in computin� tEze travel a�zd per diem expenses of iis board mem[�ers and ecnployees. S�C7'X01Y 18. TID�LITI' BOND Intenfionally deleted. S�CTIOiY 19. LITIGAT�OI�' AND CLAINIS Subrec�pient s(�all ien�nediafe[y provide Depa3'tment with written notice oi atay claim or action fi[ed i�itii a court or administrati�e agency against Subrecipienf arising ouf o�' the performa��ce of this Contraet or any suE�co��tract hereunder. Sub�•ecipient shali p�•ovide Department with copies of any at�d �El reieva��t papers S��b3-ecipient receives with respect to such action or claim. SECTION 20. L�GAL AUTHdRITY A. I,EGAI, AiJTIIORITY, Suh3•ecipient assus�es and guarantees that it possesses the fega[ auihori€y to enter into this Contrac#, to 3�eceive and manage tE�e fiencts authorized by this Contract, and to perfor�3� the services Subrecipient has obligated itsel£ to pe�•fo�•:n E�ereunde�•. The execution, delive��y, and perfoin�ance of this Contract wil[ not vio[ate Subrecipient's constitative docun�ents or any raquirement to which Sub�•ecipieut is subject and represents the legal, valid, and hinding agreement of Subrecipient, enfo�•ceable in acco�•dance with its terms. B. SU�3R�CIPIE]�iT ELIGIBILITY. Subeecipient +va�rants ti�at it is an eligible entity, including tE�e t•equirerr�ent for a trigartite board, as defined hy 42 U.S.0 §99D2 and 42 U.S.C. §991Q respcctivefy. C. SIGNA"I'[JRE AUTi�[pRITY. 'I'he persan signing this Contract on bef�alf of Suba•ecipient hereF�y warra��ts that he/she has been d€�ly auti�o��ized by Sub��ccipient's govet'tting board to execute this Contr�ci on behalf of Suhrecipient and to va[idly and legally bind SubG•ecipient ta the terms, provisioc�s and perfo��n�ances herein. I7. TERMINATIOI�i; LIABII,ITX. Depa��tment shall have the right to terminate tktis Co�itract if theE•e is a dispute as to the legal autllorily of eithe;� 3ubrecipie��t or 3he pe�•son signing this Contract o« behaEf of Subrecipient to enter into this Cont�•act ar to render pea•fo�•n�ances hereu�der. 5u6�-ecipient is liable to Depa��€me�it for any money it has received froin Depart�nent inr performance of [he provisians of this Contract, if the T)epart���ent I�as terminated this Contract for ressans enume��ated i�i this Section 24. E. MERGER; b��'AUL'1'. Sabrecipient understands that it is an eve��t of dcfault ue�der ti�is Contract if fhe Subrecipient [iquidates, tarminates, dissolves, merges, consalidates or faits fo maintai�� good standicag in ihe State of Texas, and suef� is not cured ��'ior to causing material harn� to 5u1��'ecipient's ability to gerform uf�der tl�e te�'ms of this Co3�tract. SECTION 21. COiVIPLIAI�'C� WTTII LAWS A. FED�IZAI„ STATE ANi� LpCAL _LAW. Subrecipient shall comply with ti�e CSBG Act, the federal r�€les and z•egulations promuigated under [he CSBG Act, the State Act, the State CSSG Rules, thc certifcations attached ttee�eto, and a[1 federal, st�te, a�3d local lativs and 3•egulations applicab[e to the performac3ce of this Cos�tract. Subrecipient shal] not �iolate auy federa[, state, or local laws, stated 1�erein or othe�•w€se, nor comn�it any illegal activity in the pe�•fo�-ma�tce of o�� associated with thc perfarn�ance of tliis Conh•act. No ft�nds �mder this Coni�•act sl�all be used for any illegal activiEy or activity that vialates any federal, state or local laws, B. DRUG-FI2EE WORKPLACE ACT OF 1988. The Subrecipie��t af�irms hy signing tl�is Contract and the "Certification Regardi�ig Drug-Free Workplace Requiren�ents" attached hercto as Addendum �3 that it is in��lementing tlie ]7rug-�'ree Workplace Act of 1988 (4I U.S.C. §701, et se9) and HL1D's iiuplen�enting regulations including, withoiit liinitatian, 2 CFR Parts 182 and 2429. Page 7 af 19 C. LIMtT�D GNGLISI-I PROFiCIENCY (I.�P�. Sui��'ecipients must pravide prograin applications, fotms, aa�d educational maferials in Englisl�, Spanish, aad a«y agprop��iate la��guage, based o�� the needs of the service area and i❑ coa�plEance with the requirernents in Executivc OF�der 131bb of August 11, 200D oF August 1l, 2000. 1'o ensiere compiiance, #he Subrecipie«t �nust ta[ce reasonab[e steps to insu�•e that persons with L�P E�ave meaningful access to the program, Meaaingful access inay entail providing language assistance se;-vices, including oral and wriifen translation, wl�ere necessary. ll. INFORMATION SECiJRITY Ai�D I'RIVt1CY R� UIREMENTS, Subrec[pient s[�all con�ply witE� tkae i��formaliou security and privacy rec�uirerr�ents under 10 TAC §1.24 [o e�isare tf�e secu��ity aud privacy of Protecied Infoe�matio�i (as said te���n is de�ned under i0 TAC §i.24). �. PREVElVTtON OF TILAFFICKING. Sub3•ecipient and its contractors Enust comp[y tivith Section ]OG{g} of tk�e Trafficking 'Victi�ns Proteciion Act of 2040, as a«�ended (22 U.S.C. §71D4 ei sec�.). If 5uhrecipient or its contractor or subco�itractor eugages in, or ��ses lai�nr recruitca�s, hrakers o�• other agen#s who engage ia� a��y of the prohi6itecl activities under Secticrn 106(g) of the '1'raf�'ic[ci��g Victims Protection Act af 2000, I�eparhnent may te��minate thes Contract and Subrecipie��t hereby agrees and acknowledges tE�at �E�on €ermination, Subrecipient's rights to any funds shall be teE•€ninated. S�CTION 22. F'RGV�N'I'l�t� O� '4VAST�, FRAUD, A1YD AB[15E A. Sube•ecipieni sE3all establish, maintain, and utilize sys€ems and procedin•cs to preve3it, detect, and con�ect waste, fi•aud, and a6use iE� xctivities funded w�der this Contract. The sysiems and procedu�•es shal[ adc[ress possible waste, fi•aud, and abuse by Subrecipienf, €€s employees, clieats, vendors, subco«te•actoe�s and adm'snistering ageetcies. Si�brecip[eni's internal controls systen�s and all tre��sactio��s aiid other significa��t events are to be clearly docume€�ted, and the dncumentation is to be readily available for monitoring by De��artment. B. Subrecipient shall give Department comp[ete access to a[1 of its recards, employees, and agents for the purpose of mo«itori«g or investigating ihe CSBG prograai. Suhrecipient shall in�n�ediafety notify Deparhi�ent o€ any discovery of �vaste, feaud, or abuse. Subrecipient sha€1 fally coo�erate �vith Depa�-tmeni's eFFo3�ts ta detect, investigate, and p�•event �vaste, fi•aud, and abuse, C. Subrecipient shall not discri�ninate against any e�nployee or otheE• person rvho reports a violation of tl�e terms of tE3is Cont€•act, or o1' any law ar regulatios�, to Departmen€ o:• to any appropriate law e�iforceEnent autho��ity, if the repw�t is made in gaod faiih. S�CTION 23. C�Ii.'�'1F.ICA`I'IdN R�GARDING UNDQCUM�IV7'ED WORKERS Pursuant to Chapter 22b4 of ti�e Texas Gove��E3ment Code, hy executioct of this Contract, Subrecipient hereby certifies t1�at SubE•ecipient, or a branch, division, or depaa•mient of Stib�•ecipient does not and will not k��owingly employ an u�3docuc��ented �voc•kea•, wlrere "undocume��ted worker" means an i�idividual who, at the timc of employment, is not lawful[y adm'tfied for �ermaae€�f residet�ce to tE�e United States or authorized under ]aw to be employed in that macu�er in fhe Uniied States. If, after receiving a puE�lic subsidy, 5ubrecipient or a 6c�anch, division, o�• depai�tment of Sub3•eci�ieni is convicted of a violation u�ider 8 U.S.C. §1324a (�, Subrecipient shall ��epay Ylie pub[ic subsidy with interest, at ihe rate of five percent {5%} per amiuin, not later tlian the 120th day after the ciate the Department not'sfies Sub��ecipient of'the violation. 3ECTIOIY 2�. CONFLICI' flC 1N'I'EX2�Si11YEP0'FISiVI A. Subrecipient sliatl maintain writtc�� s#andards of conduct gaveining thc perforn�a��ce of ifs employees engaged in the a4va3•d and ad�ninist�•atio�� of co3�tracts. Pailure tt� �naintai« w��ittefi sta�xla�•c�s of coc�duct and to follow and enforce the written standards is a conditiatt of default under this Con#ract, [n additio«, the written standarcls must meet the requic�ements i3i 2 CFR §2Dfl.318. B. No employee, ofiicer, or age��t of Subz•ecipient shall participafe in the selection, awa��d, or ad3ninisira#ion of a contract suppo3#ed by federal funds if a real or apparent conflict nf interest wou[d be involved. Such a conflict would arise when the e�nployee, nfficer, or agent, any' n�ember of his or t�e3• i3muediate fan�i[y, his ar I�er pac-tncr, or an organization wt�ich employs or is about to enipioy any of tl�a Parties indicated herein, has a financial or atkte�' interest in ihe firm selected for an awa�'d. . This alsn applies to the peocuremenf of goads and seivices i��idcr 24 CFiZ §�200.317 and 200.31$b. Page S of 19 C. "1'he o[�ice;•s, e�uployees, and agef�is o#' thc Ss�brecipient sl�all �aeither solicit noe accept gratuities, Favars, or anythi«g of monetary value fi•om contractors, or parties to subagreernents. Suhrecipiencs e�ay set standards Tor situations in wf�ich the �nancial incerest is not suhstantial or the gift is an a��sa[icited itec�a of noininal value. '1"he sfattdards of coaduct sE�all provide for disciplinary actions to ba applied for violatio«s of sitch standards by officers, einployees, or agc��ts of the Subrecipient. D. Subrecipients �vl�o are local goverronet�tal etttities sl�alt, it� adclitio€t lo the requieemee�ts of tE�is Section, follow tE�e requirentents of Chapter 17I of the I..ocal Gove�•nment Code �-egarcii�ig co��flicts c�f interest of officers af ntunicipalities, counties, and cerfain other locat governments. E. Faiiu3•e to maintai�i written standards of canduct and to fo[low and enforce the writte�i sta�dards is a coiiditio�� of default under this Coc�tract and may resi€]t in terrr�ination of the Cont3act or deobligation of funds. �i?C'TIOR 25. POLITICAi, A,C`I'XVI'l"'Y Ai�D LiG15LAT1VE INFLUENCE PROI3IBITED A. None of tl�e funds provided under tl�is contE•aci sl�all be used for inf[uenci��g the oi�tcome of any election, or the passage oF• defeat of a�iy legislative measure. This prohibition shali not be co��strued to prevent a€�y state afficial or employee fro�n fiirnishic�g to auy �aaembe�• of its governing body upon ��ec�uest, 03� to any othcr local or state officia[ or employee or to any citize3�, informatioc� in the hands of the c�nployee or official not considei�ed unde3• law to ha confidential information. B. No funds pravided under tlais cont�•�ct may he used clirectly or indirectly ta l�i�-e eE��ployees o�• in any other way fund or suppo�t ca�ididates foe• the legislative, executive, or judicial branches af government, the State of Te�:as, or the go�er�iment of the United States. C. None of the funds provided under this Contract shall be used ta pay ac�y person or organizalion fo�• inftuencing or atte�npting to influence an offcer or e�nployee of any agency, a me�nber of Congress, officer or en��loyee of Congress, or an employee of a member of Coaigress in coni�ectio�i witE3 obtaining any Pederal contract, graiit or aziy otlier awa��d governed by the Byrd Anti-Lobbying Amendment (31 U.S.C. �1352) as the Developmcnt Owne�� a��ct eacl� o€ its tiers have certified by their execution of the "Certification I2egarding Lohbying for Cont3•acts, Urants, Loans, ancl Coo�erative Agreements" a€tached hcreto as Adde«dum A and incorpoa•ated herein fo�• al[ relevant purposes. S�CTION 2b. lYE3N-DISCRIMINATION, I;QLJAL ACC�SS AIVD �QIJAL OPPORTU�'ITY A. NON-DISCRIiv1I1VA'I'ION. A perscrn shall not be exclucEed frorr� participatio�i i��, be denied the benefits of, be subjectecl to disc�•imination ander, or be denied emgloyment in the adminis#ration of o�• in connectian wiifa any program or activi[y funded in wliole o�• in part with funds made a�ailable u�ideG• this Contr�ct, on the grounds of race, calor, religion, sex, natio�ial origin, age, disability, political affiliation or be[ief. B. EOUAL OPPOR`1'UNITY. Subrecipient agrees to carry out an Ec�ual Employment Opportuiiity 1'3•ogram in fceeping witt� the principles �s provided in P��esident's Exccutive Order 1124G af September 24, 1965, as amended, and its implen�enting ��egu(ations at 41 CF12 Part &U. C. ACCESSIBILI'I'Y. Subrecipient must meet the standards undee (i) Section 504 of the Rchahi[itation Act of 1973 (5 U.S.C. �744) Titles II aGid III of the America��s 4vith Disabilities Act (�42 CJ.S.C. §§12131-121$9; 47 U.S.C. §§155, 201, 218 and 255) as implementecf by U. S. Departc�ent of Justice at 28 CPR Pa��ts 35 and 36. Subrecipie3�t shall operate eack� progE�an� or activity receivi��g financia[ assistance so that the pragram or activity, wE�an vie�ved i�� its enti��ety, is readily accessible and usable by indivictuals �vith disabilities. Subrecipient is also required to provide reasa��able accamrr�odatio�s for persons with disabilities. D. SUBCONTRACiS. Sttb3�ccipient will include the substance of tE3is Sectian 2G in all subcoc�tracts. SN C'fI(?N 27. A1AIN'I'k;NAiVCE OF �RTORT Funds provided to Subreci��ient unde�• this Cnnt��act may not be substituted foc• fu3�ds or E•esources fe•oni a€�y other source or in any way seeve to reduce t33e funds or resou�•ces wl�ich would k�ave Ueen available to or pravided thF�ough Subrecipient had this Cautraci never been executed. Page 9 of 19 S�CTIOI�' 28. bl;`13Al2Ti�17 AI�TD 5U5P�ND�D PARTIES $y signing t€�is Cont�•act, Subrecipie�it certifies €]�at iYs p�'incipal employces, board mentbers, agcnts, or coe�t�-actors agents are not presen#ly debarred, suspended, proposed foa� debarment, declared ineligihte, or valuntarily exc[uded by atty federal depaitmettt or agency as pravided in the Certifica£ioa ftegarding Debarme��t, Suspec�sion ai�d Oihar Responsibility Matters attached t3ereto as Addendu3n D and incorpnrated he��ein fnr ali a•elevani purposcs. The terEns "covered transaction", "dabarred", "suspe��ded", "ineligible", "lower tier covered tra��saction", "��articipanY', "person", "pri�nary cove��ed transaction", "principa[", "propas�3", �rsd "voluntarily excluded", as used in the cettificatinii attaclaed as Addendun� D, have the �uea�iing set out in tE�e Definitions aad Coverage sections of avles i�nplcmenting �xecutive Order I2549. Subrecipient also ce��tifics that it wil[ not knowingly award ae�y fimds provided by ti�is Contract ta any persan who is proposed for debarment a�x[er 48 CNR Pa�'i 4, 5ubpart 9.4 m• that is deharred, suspended, ot' otltertvise excluded from or i�ie[igib[e for participa€io❑ in federal assistance prog�ams uncler Execi�tive Order 12549. 5ub��ecipient agrees that prior to entering into any agreemea�t with a potential subco�st�-actor tl�at the verification process ta compfy with this requi�•eine��t will he accom��lished by checki��g the System ror Award Managcment ("SAM") at wr�tiv.sam.gov a�id incliiding a copy of the resulfs in ifs project files. Suhrecipiettt ntay c[ecide the fi•eq�ency by which it detee�nines the eligihility of its subconteactors. Saba•ecipieni may re[y upoE� a certifcation of a prospecfive subconh•actor that is not proposed for ciebarme�a# i�nder 48 CFR Pa��t 9, Svbpa�-t 9.4, cfebarred, si�spended, ineligible, or �olunta3•ily exc[uded from the covered transaction, un[ess 5ubrecipient knows tttat tE�e ce�•tification is erroneous. �'ai[i�ra of SubrecipiaE�t to furnish the certifica#ian attached hereto as Addenduan IJ or an axplanation af why it cannot provide said ce��tification sha[1 disqualify Subrecipient fi•om pa�ticigation under this Conri•act. The certification o3• explanation wi[1 be considered in cannectEon witE� the llepartenent's detern�ination whether ta continue �uith #his Contract. Subrecipient shall provide immediate written ��otice fo Departme�3t if at any time SubG•ecipienl lea�•ns that fhe certification was eiro��eaus when suba�iifed or has become erroneous by reason of changed circumstances. Sub�-ecipient furthe�• aga•ees by executing this Contract that it wi[1 include the certi�cation provision titled "Cec�tification Regarding Dcbarnient, Suspension, Ineligihi[ity and Volunta�•y Exclusive-Subcontracts," as set out ia Addendun3 D, witE�out modification, and this language underthis 5ection 28, in all ifs subcoz�h•acts. ,S�CTI{)R� 29. 1�AT'T'FI BAS�D AND S�CTA12IA1V ACTIVI'TY Fu�ac�s provided under this Cont�act may not be used far sectarian or explicitty religiaus activities such as tivorship, retigious instruction or pe•oselytization, and must be for the beneft of persans regardless of religious affiliation. Subrecipient shal[ co�np[y with 3he E•egiila€ions pramulgated by the !J. S. Departnient of T�eattf� and I�un�an Services ("HI �S") at 45 CFFZ Part 87. s�c�rForr ��. co��r�ir�xr Subrecipient n�ay copy�•ight inaterials developed in tE�e pe��formance of tliis Cante�act or with funds expe�ided under this Co��tract. If copyrigE3€ed materia[s a��e dcveloped i�� the under tl�is Contract, tlae �epai�lment and HHS sl�all each l�ave a roya[ry-fi•ee, �ionexclusive, a��d irrevocable E•ight ta a•epE•oduce, pub[ish, or otheetivise use, and to autE3orize others to use, the copys'ighted woa'k far governme:�t purposes. S�CTiON 3I. NO WAIV�R Any tight or ren3edy given to Departtne3�t by this Cantract sha[1 not precludc the existeace of any otl�er right oe- remedy, nor shall any actian ta[cen in the exercise af any right or remedy be deemed a waiver of any otlier rig[�t or remedy. '1'he failure of Aepa��tment to exercise any right or c�emedy on any occasion shall not coc�stitute a waiver of Departnaeni's rigE�t to exe�•cise tk�at or any ather right or remedy at a later tin�e. S� C"1'�aN 32. S�VERABILITY if any seetion or provision of this Contract is t�eld fo be i�rvalid or u��enforceabla by a court or an admi��istrative t�•ihunal of compete�it jurisdictiof�, tlie ren�ainder shalt reniain va[id and bindiag. SECTION 33. ORAL AND WRITTEN AG12k;XaM1:NTS A. All ora[ and writteu agreements belween the parties to tk�is Conte�act re[ati��g to tE3e subject matYer of this Cantract ttave h2en reduced to writing and are contained in tl�is Co��[�'act. i'age 10 of 19 13. TE�e ai[lchnic��ts enumeeated anct c[eno�ninated lselow are a pu�t of tl�is Coniract ai�d cons[itule pro�nised peE•farn�ances unde�• ihis Conri•act: 1. Addendum A- Certification Ftegarding Lobhying for Co��tracts, Gra��ts, J..oat�s, and Coaperative Agreements 2. Addendum B- Cee�tifcation Regarding Brug-Free Worlcplace ltequi��emen[s 3. Addendum C- Certification Ragardi3�g Environmenta[ Tobacco Sfnoke 4. Addendum D- Certification Regarding �ebaEm�ent, Suspe��sioc3 and Otl�er Responsih€lity ivEatters SECTiON 34. COl1'I11'fi)N[TY ACTION PLAN A. A,s 1 condition of receipt of continued funding unde�� the Act and as fu3•thec• descriE�ed i�� 10 TAC §G.2pG, �ubrecipient shail submit by Septeinber 1, 2020 to the Deparhi�ent a co«�munity action plac� including National Perfor�nance Indicators ("NPi") fnr 2021 funding that i��cludes: 1. a dcsc�•iption of the ser�ice de€ivery system targeted to tow-i�icome individuals a�ad fanai[ies in tlie seE�vice a��ea, including homeless indi�iduals and fa3nilias, �nigrants, and tk�e elderly goor; 2. a description of how linkages tivil] be developed to fill identified gaps in se�•vices through infonnation, referrai, case n�anageinent, and follow-up consultations; 3. � descriptio�� of liow funding under this Act will be coordinated with other public and pa•ivate resources; and, 4. a description of oatcame �neasures to be used to inonitar success in promoting self-sufficiency, fami[y stabiliTy, and con�3nunity revitalizatio3�. B. Sul���ecipient tni�st attain previuusly idenlified 2020 NPI ta�•gets witE�in 20 percent varia3�ce by fhe end of ihe Coniract Term. Subrecipienf must request in 4vriting any adjushnent needed to 1 NPI target #n the �epart�nent for 3�evie�v and approval e�o ]atee• tlian August 31, 2D20. C. To retai�� eligible entily status, Suba�ecipient �vil[ subn�it eve3�y th3•ee {3) years a commuc�ity needs assessment to the Department on or bafore May lst of every tl�ird (3c•d) year. D. Ta retain eligihle entily st�t€is, Subrecipient wiEl subn�it eve�•y fivc (5) yea3-s a strategic plan to t€�e De�artment on or hefore Aug�st t st of every fitih (Sth) year. SF�CTION 35. [1SE O�' A,X,COHOLTC B�V�RAGES Punds provided uncter this Coniract rrfay not be used for the payment af sa[aries to a�iy SubE�ecipieEtf's emplayees wtto use alco9�olic beverages whi[e o�� active dury, for trave] expe��ses experaded for alcoholic heverages, or for the purck�ase of a1coE3olic beverages. S�CTION 36. FOCtCT: MA,TUl7� If the obliga#inns a��e dclayed by the follo�ving, an equitable adjusta�ent will be ��aade for delay o3• fai[urc to perform hercunder: A. Any of the fotlowing cveats; (i) catastrophic tiveather conditions or other extraordinaGy etements of nature c�r acts of God; (ii} acts of war (dec[ared or undeclared), (iii} acfs of terroz•isn�, insnn•ection, riots, civil disorders, rehellion o�� sahatage; and (iv} quarantines, e�nbargoes and other sicnilar unusual actions of federal, provincial, [oca[ or foreign Governme�3ia[ Authorities; a3�d B, 'I'he �ian-perfoE�n�ing pa��ty is without fau[t in cai�sing or fai[ing t� p3�event tlte occui7•ence af such event, and sucl� occurrence could ��o# have bee« circumvented by reasonable precautions and cou[d not have been preveuted oa• ciz•cumvented tlirougli the use of comn3ercially reasonable alteinative sources, wo�•klrou��d pinns or otl�er me�ns. Page 11 of 19 SI�C'I'ION 37. ALT�RIVATIVE 1?iSPU'I'F 12[�.SOT�Y7"1'TO1V In accordance witE� Section 230G.D82 of fhe Tex1s Gavernme��t Code, it is ttte llepa�tmetst's policy to encourage the usc of approp�•iate alternalive �lispute resolution procedures ("Ai�R") unclee• the Governme��tat Dispuce Resolution Act and the Negotiafed itulemaking Act (Chapters 20D9 and ZU06 respective[y, Texas Gover�cnent Cocle), fo assist in #he fait� and expedifious t'esolutio❑ of inieE��al and eater��al dispi�tes involvi��g tE�e Depaa-iinent aiid the r�se of negotiatcd �•uleinaking procedures for tl�e adoption of Aepartn�ent i�ules. As descE•ibed in Chapter 154, Civil Practices and Remedies Code, ADIt p�•ocedures inc[ude mediation. �xcept as prohibited by Departme�it's ex parte conimunications palicy, Department e��courages anFo���aal communacafioz�s i�ei4vee�a Depar�ment stafi' ancf the Si�brecipient, to exchac�ge inforniatian and informally resolve d'aspufes. �epartmeni also has administrative appeals pincesses to fairly and ex�editiously resolve dispi�tes. �f at any time tk�e SubrecipienE would like to e�tgage Departmet�t in an ADR procedure, the Subrecipient may send a proposal to TJepartnient's I]is�x€te Rcsolut'son Cooe•dinator. For additional inror�a�ation an Depart�nent's AQR policy, see Bcpartinent's Alternative Dispute Rcsolution and I�egoteated 1Lulen�akiitg at 10 TAC Sectioc� 1.17. S�C'I'IOiY 38. T'i1VI� IS OI' 'I'kI�; �'SSX;iVC� Ti���e is o� lhe essence with respect ta Subrecigie��t's compliance witll al[ covenants, ag��eements, terms and conditions of this Contract. SEC7'i01�' 39. CO�JNTEFiPARTS AN➢ TACSIMILE SIGNA3'UIiES '1'his Contract niay bc executed in one or inoe�e cou��terparts each of which shall be deemed an origina] but alE of whicE� togefher shall constihrte ane and the same instrurnent. Signed sigi�atare ��ages �nay ba t�•ansnaitted by facsimile o�� oiher elect��onic transmissioc�, and any sucli signature shall have the same [egnl effect as an original, SI�:CTION �16. NU114BER, GiNDFR LTnless tE�e context reqi�ires otlierwise, the words of fhe masculi��e geuder shall inc[ude il�e feai�i�aine, and singulaE• wards shall include the plural. SECTION 41. NOTIC� A. If a not[ce is provided concerning this Cantract, natice may be give€� at the fol[owi��g (lierein refere'ed tc� as "Notice Address"): As to llepa�•tmcnt: TI;XAS 1�1;PARTMENT �F ��OUSING ANT7 COMMLINI`I'�' AF�'AIRS P. O. Box 13941 Austin, Texas 78711-394] Attent€on: Michael De Young, Director of Community Affairs Te[ephone: {532) 475-2t25 Fax: (512) 475-3935 michael.deyo ung@tdhca, statc,�.us As to Subi•ecipient: City of Foat Worth 200 T'exas 5treet Annex, 3rd Ploor Fart Worth, TX 761026312 At[entio�i: Fernando Cosla, Assistant City Ma��ager 1'elephone: {817) 392-6122 Fa�e: (8I7) 392-6134 Email: fernando.costa r�fortworthtexas.gov B. All t�ot9ces or ather coma�unications l�ereu3xie�• shall be deemed given whcn deli�ered, n�ailed by overt�igE�t service, or five days after mailing by certified or registered mail, postage prepaid, returct receipt requested, add��essed to the a�psop��iate Notice Address as defined in tlie above Subsection A of this Section 41. C. Subrecipie��t sE�al I pz•ovide cantact info�•mation to tE�e Beparhnent in accorda��ce rvith 10 TAC �fi.6. Page 12 of 19 S�CT[ON 42. VENU� AND JURISDICTIOIY This Coniract is delivered and i�3tended to be pac•ForrE3ed i�� ti�c Sta€e of 'I'exas. Par pu€�poses of liligatioii pursuant ta tliis Co��i�•act, venue sl�alt lie i�� Travis County, 1'exas. S1�:C'1'TON 43. APP�ALS PROCESS Subrecipiec�t must establish a denia[ of service complaint p�rocedure for i��dividuals whose app[ication %r se�vice or assistance [s den[ed, tc�-niinated or not acted upo[t i€a a tit3�ely n�anner in accordance wi€h i� 'I'AC $6.8. S�CTION 44. ASSIGN1ViFl�'I' This Contract 3s made by �epartment to Suhrecipient only. Accordingly, it is E�ot assigc2able witk�out tt�e written conscnt and agreeinent oFDepa��tment, wl�ich consent anay be withheld in J7epaz•lxneni's sole discretion. S�C'I'IflN 45. LIIVII'�'A.7'ION O1V AT30R'CION FUNDING A. 1'ursu�cnt to Chapter 2272 of the Texas Gaverntnent Code, to the extcnt �lla�ved by federa] and state law, the Department ;nay not enter into tE�is Contract with an"abortion provider" or an "affiliate" of an aborlion pf'ovider, as said tet'n�s arc defined thereunder, if fatads under this Cpata•act are appropriated from state oe' local tax revemie. B. By executioE� of this Coi�t��acl, the Suba�ecipient liereby certifies tl�at, as a conctition of eeceipt of any funds under tE�is Contract from state or local tax revenae, it is eligible ta receive said fimds, and that it will not uti[ize said funds i;� any 4vay contrary ta this Section 45 duc�ing 1E3a Contract Te�•�n, EXECU`I'ED to Ue ef£ective on Janua�y Ol, 2fl2� SUBR�CIPIEPIT: Cit,y of Fart Worfh a polificAl su6division of the Stafe of Texas By; Fernandu Casta Title: Assista��t Ciiy 1VIanage�� Date: Decen�bcr 20, 2pI9 2;4� pm DEPART1ViF,1V'1': T�J{AS DEPAIZ'1'M�N'C' OF IIOUSING AND COIVIMUIVI7'Y AI'FAIRS, a pu�lic ancI officiai agcncy of the State of Texas By: I2obe�•t Willcinsan Title: its duly authorazed officer ar rcp€esentative �ate: Decem6cE� 30, 2019 R:46 A�n Page 13 of i 9 TEXAS DEPARTMENT OF HOUS�NG AND COMMUNITY AFFAIRS CONTRACT NO. 61200003206 FY 2020 COMMUNITY SERVICE� BLOCK GRANT PR4GRAM CFDA#93.569 APPROVED AS TO FORM AND LEGALITY: i�/1����y�_ Matt Mu1Y•ay Assistant City �lttorney ATTEST: � ,�...� -- �Sc:,; ,,,-,�.,, .� �• . r;-•,,' � ,- } �t� �. �� ,�-�.}. / i / 1 ' � � �� � +�+ _' � `��!� '' / � ! �% �� �f ; a -� � "'a�:�� ,i� - ,� � � 'r ,"� �L ' � F{-- , M'ary J. Ka� s¢ ,� ,`� o-��.a5 ��� � City Secretary '' �° �� �� , r.' � ;`Y •'�,. .}.. .�}� ,� M&C 19-0335 `''°°� . . Dated: December 3, 2019 CITY OF FORT WORTH By: Fernando Costa {sig�led electronically-see attached contract}� Title: Assistani City n�anager Date: December 20, 2019 TEXAS DEPARTMENT OF HOUSING AND C4MMUNITY AFFAIRS By: Robert Wilkinsan (sig�led electronically�see attached contract} Title: Its duly authorized officer or representative Date: December 30, 2019 By signing below, I ac�cnowledge that I an� the person respansibie for the n�.onitoring and administ�ation of �his contract, including ensu�ing all perforn�ance and reporting requirements. ���✓i � ,t If.% ,��-� � $ �� . Sonia Sii�gleton, As 'stant Di�•ector Nei�hbarliood Services T��AS D�PAI2TM�lYT OF HOUSING AND COMMUIYi`I'X AT�k'AI[ZS CONTRACT I�CTMBT:R b1200p0320G FOR 1'HF, FY 2020 COMMUNITY SERVICES BLOCI� CyRA�IT PROGRAM ("CSBG") CPBA#93.569 Alll7I;NDU1Vi A CERTITICAT101V IiEGARDING LOBBYING F012 CONTRACTS, GRANTS,1,OAt!'S, AIVD COOPERATIVE AGREEMEIV'I'S The uadersigncd certifies, ta tE�e best of iis knowledge and be[ief, tt�at: No Fedee•al agpropriated fu3�ds have bcen paid or will he paid, by or on 6ehalf of the undersigned, to any pe�-son for iE�fluencing or at€einpiiug ta iiif�uenca aEa officer or employee of an agency, a Member of Congress, af� officer or eniployec of Congress, o�� an employee of a IVlcniber of Congress in co��a�ection wit[� the a�varding of any Eederal conh•act, ilie making of ac�y �edera[ grant, the makic�g of any Federal loan, the entering i��to of any coope��ative agreement, and thc extension, continuation, ��enewal, amendma��t, 03• madifcation of any Federal coniracl, grant, loa��, or coogerative ag��eerr�ent. 2. If any fi3nds otl�er tE�an I�'ederal appropriated funds have been paid or �vill E�e paid to any pe�-son for infiuencic�g o�� atiempting to influence an of£icer or emp[oyee of any agency, a IVIemE�er of Congress, an off`icer or e3nployee of Coi�gress, or an emplayee of a Membe�� of Congress in cannectioc� with tf�is Fedeeal conteact, grant, loan, or cooperative agreement, ti�e undersigned sE�all con�plete and subm9t Standard Fo�•n� -LI,I., "Disclosure Forn� to Repart Lobbying," in accordance with its instructiocas. 3. Tlie undersigned sl�a[i require that the language of this certi�cation be inc[uded in the award documents for all subawards at all tieE�s (including subcont�•acts, subgrants, and contracts u«dee- grants, [oans, and cooperative agreements) and that al( subrecipicnts shall certify and disclose accardingly, This ceatification is material representation oi fact on which reliance was placed wl�e�� this transactioE� was made or e�a€ea•ed into. Submissian of this certification is a prerec�uisite for inaking or entering into this transaction iinposed by Section 1352, Title 31, U.S. Code. Any person 4vho fails tn filc tlie required certification shal) be subject to a civil penalty of aot less ti�an $10,00Q and not more tE3an $I00,000 foc• each such failure. STATE111FN"1' 1�"Oli LOAN GiJARANTliFS ANll LOAN INSURANC� Tl�e undersigc�ed states, to tiae best of its laiowledge and heliet; that: Ir any funds have been paid or will be paid to any person for i��fluencing ar attempting to influence an office3• or eniployee of any agency, a Member of Congress, an officer or emp[oyee of Congress, or an employee of a Menaber of Congress i�i co�mection with this com�nihnent providing for the U«ited States to insuc�e or gua��antee a loan, #he u�idersigned shall complete and sub��ait Standard For�n-LLL, "I�isclasure Foc�m to Report Lobbying,° ict accordance with its instrucfions. Submission of this statement is a prerequisite for niaking or entea•ing into this transactian imposed by section 1352, title 3l, U.S. Code. Any persoc� who fails to fi[e tE�e required statcr�lent shal3 be s«6ject to a civi[ ��enalty of �iot less than $] 0,00� acid c�ot more than $ I O�,OdQ foE• each suck� failure. City ai'Tort Wa��th R political subdivisinn of tl►e State of 7'exas By: I'e��nando Casta Title: Assista�at City Man�ger Bate: Deccm�er 2�, 2�19 2:40 p�aa Page 14 of 19 T�XAS D�PA.12"i'N�L'N'1' QF FIOUSIIYG AND COMMUIVITY AI'TA1R.S COI�"1'RACT N[JMBEI2 GI2DOOU3206 �'OR TI IE FY 202U COIvtMUIViTY SETtVIC�'S BLQCK GFtAN'1' PROCrRAM ("CSBG") CFDA#93.569 ADDE]VDUM B CI1R'TIFICATION 12�GAIib�1VG i3RUG-FRGE 1VOIiKPLAC� R�QUIREMEN'I'S T{ais certification is rec�¢rired by the regulatiof7s inaple�zre�ating i1�e Dt•ug-Free Tf�orkplace Act of 1988: 45 CFx PatY 7G, Sztbpat•t, I'. Sectiof7s 76.G30(c) nnd (d)(2) a�td 7G.G45 (a)(1) rnsd {6) p�•ovide llza! a Fedel•a! agerrcy nacry designcrte a celatrnl i•eceipt porr�t fo1� ST'ill�-T�IDC AND STft'1'E' �1GlNCY-TT'TDE certrfrcations, crsad fof� �7aliftcaliol� of cl•imi27al di'Erg cal7victiw�s. Por ilae Depaf•ti�ie�7t of Healil� ancl H2rman Sef�s�ices, t{ae cent�al poit7t is: Drvisio�7 af G1•co7ts Managen�errl a��d Oversiglat, O�ee of Alcrncrgenrent rnad Aegarisiiio�7, Departmerrt of Ilecrlth and H2rr�aa�7 Services, Roona 517-D, 2001�idepefzdence Avetaue, Si�Y Gf�as{aingio�a, DC 202p1. 'I'!�e undersigE�ed certifics that it will ar wi[1 continue to provicie a drug-fi•ee �vorkp[ace by: (a) Pul�lishing a staten�ent nofil�ying c�np[oyees that tl�e unlawfu[ ma€�ufacture, dast��ibi�tion, dispensii�g, possessio;�, or use of a controlleci suUstance is prohibited in tl�e grantee's workplace and specif;ying the actions tha€ will be taken against employees for vialation of such prol�ibition; (b} Establishing an ongoing drug-fi•ee awareness progra�n to info3�m employees about- {1) The dangers af drug abuse in the workplace; {2) The g��antee's policy of mai��taining a drug-fi-ee workp[ace; (3} Any available drug counseling, a•ehabi3itation, and employee assistance programs; aud {4) The penatties that may be in�posed i�pan cmployees fo3• drug abuse vialatio«s occu3ring in the workplace; (c) Making it a req��ireme��t that eac�� err��loyee to he engaged in the perfo�•n���ce of ihe gra�at 6e given a copy of #he statement required €�y paragraph (a); (d) NotifyiF�g the employee in tt�e statenaent required by pacagraph (a) tl�at, as a condition of employment under the grant, the ec��ployee will- {l) Abide by tl�e terms ofti�c stateme��f; and (2) Notefy the employer in w��iting of his ar he�• conviction fo=• a violatian of a ceiminal drug statute accuiring in the workplace no later than five calenda�• days aftee sucE� coaviction; (e) T�Iotifyi�g tfie agency in writing, wifhiz� 10 calendar days after receiving notice under paragraph {d}(2) ti•oin an emp[oyee or otl�erwise receiving actual itotice of such convictioc�. Emp[oyee�s of convicted er�ployees inust providc notice, inc[uding position title, to every granc officer ar other desig�ee on whose grant activity ihe con�icted em�loyee was wor[cing, unless the Federal agency �as designated a cenh•al point for tl�e receipt of such not€ces. I�otice shall include ihe ideE�tifccation numbe�•(s) oieach affected g�•ant; (f� Taking one of thc following actions, within 3U calenda�• days of receiving notice unde�� parag��aph (d}(2), witla �•espect to any employee wha is so convicied- (1) Taking approp�•iate persomie[ aciion against such an eanployec, ug to and including te��mination, consis[ent �vith the reyuirements of ilie Rehabilitation Act of 1973, as amended; or (2) Requiric�g such employee to participate sat€sfactorily in a dE�ug abuse assistance or rehaUilita#ion p�-ogram a�p�•oved far such purposes by a Federal, Sta#e, oE• local health, law enforcement, ar other appz•apriate ngeney; (�) Making a good faith effort to continue to �uaintain a drug-free workplaca t4»•ofigh implen�entatian of par:sgraphs {a), (b), (c), (d), (e) and (t}. Place(s) of Performance �site(s) for the perfo3•mance of work done in coc�c�ection with tE�e specific grant] (include strcet address, city, county, state, zip code): City of Fo��i Wo�-th 2U6 `I'exas Street Annex, 3rd �'(oor �'ort Wo��tl�, `I'X 761026312 Pagc I5 of 19 Workplace identiiications rr�usl incl�de the ach�a[ address of huildi��gs (o�� par[s of buildings) or othe�• sites wl�ere wark u«cEee tlie grae�t takes place. Categorical dcscriptions may be used (e.g., all vel�icles of a mass ta•ansit authority or Sfate highway de�,ai�ne€�t whiEe i�� operation, Staie en�ployees in each local t�nc���ploynient office, pc��foE�n�ers in concert l�alls or radio studios). lf Subrecipient cloes ��ot ic[e3�€iry the warkplaces at ihe time af application, ar upon aw2rd, if there is na application, fl�e Subrecipient mt3st keep #he idcntity of the warkplace(s) on file in its office and :na[ce thc infannatioE3 avai[able for �'edera[ inspec€ion. Pailure fo €dentify all lcno�vn worlep[aces constiriites a violation of tE�e Subrecipient's drug-free warkplace req��irernents, Tttis ce�tification is a mate3•ial representation of fact ttpoii wE�ich reliance is �laced when the Deparhnent awards the grant. if it is (ater determined that Subrecipient knowingly rendered a false ce�-tification, or otherwise vioiates ihe �'equiren�ents of the Dr€tg-Ft�ee Workp[ace Act, Depa3tmen#, in addition to any other �-emedies available Yo the Pederal Gove�-nment, may ta3ce aetion autE�oriieci under thc Drug-Free Workplaee Aet. S[IBR�CIPIEIVT: City of P'ort �Vorth a poIitical s��bdivision of the State of Texas By: Fernando Cas#a "1'itle: Assistant City Manage�• Date: Decemhe�• 20, 2U1) 2:�30 pm Page 16 of 19 TT�AS bT:PARTMEI�'T OT HOClBII�(Y AND COMMUNITY A.�'�A�IRS CONTRACT NUMBETZ 612000D320f FQFt TI1E FY 2020 COMMLTNIT'Y SERVIE;ES BLOCK GIZANT PROGRAIvf ("C5B(i") CFDA#93.569 ADDF,NllUM C CERTIT'ICA'1'1C71lT REGARDING El�'VIRO�M�NTAL TOBACCO SMOICI; The unde�-signed eerEi�es to ihe #'a[lowing: Pub[ic Law 1D3227, Part C Enviroume��tal Tohacco Smoke, also know3� as the Pro CE�ildren Act of 1994, requires t1�1t smo[cing not be peiniitted in any po�tion of any indonr routinely owned or leased or contracted for by aE� entity and used routiE�ely or regularly far provision af healtl�, day care, education, or lib��ary services ta chi[dren under the age of 18, if the scivices a�-e funded by Pedera] programs eit(�er directly o�• ihroifgh State o�• ]oca[ governn�e��ts, by Federal grant, coiitract, loan, or ]oan guara�alee. The law does noi apply to children's services provided in private residences, faci[ities funded solely by Medicare oe• Mec3ieaid funds, and portions of facilities used fo�• inpatiec�t drug oa• alcol�ol h•eatinent. Failure to comply wiih #he provisions of the law �nay resu[t in the impasitio❑ of a civil n�o�setary pee�a[ty of up to $] 060 per day a��ct/o�� tlie impasition of an adniinistrative compliance order oc� the 3�esponsible �entity by signing and suhmitting th'ss Co��tract tE�e Suhrecapient certifics that it will comply with the requireme�its of ihe Act. TE�e applicanf/graatee furt€�e3• agrces that it will rec�uire the language o€ this certi�cation be included in any subawards which contain provisions for the children's services aad that all subgrantees shal[ certify accordingly. City o£' �'[�rt Worth a politic�l subdivision of the State of'i'cxas By; Tern�a3clo Custa Tttle; AssistAnt City Manager Date: Decenabc�• 20, 2019 2:A0 pm Page 17 of 19 T��AS D�PAR,'i'1VIF..NT Ok HOl1SrNG AND CO1VfMUNITY AI'I'AIRS CONTRAC'1' NUMT3�R 61200DU3206 POR THE PY 2020 COlbf1V[UNITY SERVICES BLOCK GTZANT 1'ROGItAM ("CSBG"} CFDA#93.SG9 AI)I)�IVT)IIM 17 C�R"TIFICATIOIV REGt1l2�liVG b�:13Ai2MEll7', $iISPENSION AND OTFI�R 12F.SPONSi�3ILITY 11�IAT'C�RS Tl�e undersigned certiites, to tEae best of its [cnowlcdge and belief, tl�at it ae3d ifs principals: (a) Are nat presentiy debarred, suspeaded, p�-oposed for debarn�ent, dectared ineligible, or voluniarily excluded by any Federa[ departa�ent or agency; (b) lEave �iot �vithitt a three-year period preccding this proposal been co�ivicfed of or had a civi[ ,jadgenet�i rendered against them fo�• commission of fraud or a crimina[ offensc in connection with obtaining, attempting to ohtain, ar performing a pi�blic (Fcderal, 5ta#e or local) transaction or contracE under a public transaction; violatio�i of Pecieral or Sta€e aniitrust statutes or cnnitnission of em6ezzlement, tf�eft, forgery, bribe�y, fa[sification or destructiati of records, inaki«g false statemee�ts, or receiving stnlen AroPartY; (c} Arc nat preseE�tly indicted foa• or ntherwise criminally or civi[ly charged hy a�o�ermnental entity (Hede�a[, Sfate oa• lacal) with commission of any of the offe�3ses enu€nerated in sectioi� (b) of this certificatio«; (d) IIave not witk�in a three-year period preceding this appGcation/proposal had one or more public transactions (Federa[, Sta€e or local) terminated fo�- cause or clefault; and (e) Wi[€ s�hmit to the I}epaE-tment infoe•mation ahout each proccediag that occu3-s due•ing this Contraet 'I'era� or duric�g the recordkeeping period tEsat; (]) Is in connection with this ai�ae•d; (2) Reachecl its final disposition during the most recei�t five year pea•iod; and (3} Is one af the following: i. A crin�inal procecding that resulted in a conviction, as defined bela�v; ii. A civil proceedi��g that resulted in a finding of fault and liabiliEy and payrncnt of a moaetary fiae, pe��alty, rei�nbursenlent, restitution, o�• damages of $S,OOD or mnre; iii. An adn�inistrativc p�•oceeding, as defnec� helow, tlaai ;•esulted in a finding of fauEt and liability and yaur paymee�t of either a n�or�etary fine o�� penalty of $5,000 or inore nr ;-ein�hui�se�s�ent, restitution, or damaga 's3� excess of $100,000; or iv. A��y oiher c��iminal, civil, or administrative proceeding if: I. it could have led to an outcome described in this section (e) paE-agraph {3) items (i} -{iii) of tl�is award tern� and condition; 2, [t had a diffe3�ent disposition arrived at by consent or compromise wifh an acknowledg�nent of fault on your part; and 3. Tl�e rcquirement in this awarci terni and condition to disclose inforn�ation abou€ tk�e proceeding does not conflict with applicable [a�vs and regulations. (�1} For puE•poses ol'section (e) ofthis certificatio� the follawing definitio3�s apply: i. An "adm9nistr�tive �roceeding" niea�is a non judicial process that is adjudicatory in nahare in order to naake a determinatio�i of fault or liabiliry {e.g., Securitics and Exci�ange Cammission Admi►�istrative proceedi��gs, Civi[ian Board of Contract Appeals pc•oceedings, and Arn�ed Services Board of Contract Appca[s proceedings}. 'fl�is iacludes proceedings at tE�e Fede��al and State level but only in connection with pe�•fo3•mancc of a Federal contract or grsnt. It does not include audits, site visits, correclrva pl�ns, or inspection of deliverables. ii. A"conviction", for p�arposes of ihis awaf•d term and co3adition, nteans a judgmcnt or conviction of a ceimic�al of�'ense by a€ay court of cornpetent ju�-isdiciion, whether entered upon a verdict or a plea, aE�d includes a conviction entered uPa« a plea ofnolo contendere. Where the undet'signed 5ubrecipient is unahle to certify to atty o1� the statements in this certification, such Subrecipicnt shall attach an explanalion of wE�y ii c�nnnt provide saict certification to tl�is Contract. Page 1$ of 19 The unde�•sig��ed 5ubrecipient Tii��ther agrees a�id certi�es ihal it �vill include tlie below clause titled "Certificatian Ftegarding BeE�arment, Suspensian, Ineligihifity and Volu�itary Exciasion-SubcontE�actslLower Tier Covered Tra€�sactia�i," witl�out �aaodification, in, subconh•acts and 's�� all solicitatio��s a��d subcoc�fraots: "CERTIFICATlON,►iEGARDINGDEBARhlENT, SUSPL'NSION, INELIGIBILiTYAND VOLIINTA.RY EXCLUSION-SUBCOIVTR4CTS/ZOWER TIEIi CpYERED TRANS.4CTIONS (1) 7lze prospeclive Irnvef' lier �articiparrt/sirbcor�ll'aclol' cerdtfies, by� srrbn�issrora of tlris pi•o�iosul, fJaal »eitlaei� it �tor• ils prnzeipals is presel7ily cle6at�•ecl, sttspe�zdecl, p��npnsed for clebnrineiat, deelaf•ed irTe]igivle, or vohnatarily ex•cltrcled fi'a�r ptv'licipatiost i�a this tr'cr�tsaclioft by a�ay Federnl deparbne�zt or ageftcy. {2) T�i'i7er�e the prnspeciive Iotivef• tier pa�•trci��ai�!/ser6cojafractor is zrnable to cet�t�� to alay nf the statemerrls i�a this ce��trfication, sxch prospective pa��ficipant shall attach afa e�planation to this p��nposal, LOW�'R TIL'It YARTICrPANT/.SUBCONTRACTOR: (Sig�iadzu'eJ Printed Name: Trtle: Date: This certi�catian is a mate�•ial representation of fact upon whicE� rcliancc is placed when the 17epartma€at awaa•ds tE�e grant. If it is later determined that Subrccipient knowingly re�aderec� a�i e��•nnen��s certification, in additioE� to any other remedies avaiiable to thc Federal Guve�•nnaent, the Ae�artment �nay terminate tE3is Cont��act fo�• cause or default. 5UB121+�CIYI�NT: City of Tort Worti� � polifical si�6di�ision of the State of'I'cx�s f3y: Fcrnando Costa Title: Assist�nf C'rty Manager , I�ate: �eceml�e�� 2D, 2019 2:40 �m Page 19 of 19 �,ti���J� o ' 2 �� .L� 1!� r �eF�v����i' ' rc�,: C� �`.� �: �lTY SECR�7'ARI� . �;��T�ACT r�o. 3'� I �. . � I �� T��AS D�PARTM�NT OI+ HOUSING AND COMMUNITY AI+FAIRS AMENDMENT NUMBER 1 TO CONTRACT NUMBER 61200003206 FY 2020 COMMUNITY SERVICES BLOCK GRANT PROGFtAM ("CSBG") CFDA#93.569 Awarding Federal Agency: United States Department of Health and Human Seivices TDHCA Federal Award Number: G-2001TXCOSR Award Year (Year of Awa�d fi•om HHS to TDHCA): 2020 Unique Entity Identifier Number: 147336965 This Amendment Number 1 to 2020 Community Services Block Grant Program (CSBG) Contract Number 61200003206 ("Amendment") by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Te�as ("Department"), and City of I+m•t Worth, a political subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties". R�CITALS WHEREAS, the Department and Subrecipient, executed that 2020 Conmmnity Services Block Grant Program Conh•act Number 61200003206 ("Conh•act") to be effective on January 02, 2020; and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. AGR��MENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 4. A Department Financial Obligations, of this Contract is hereby amended to read as follows: "Section 4. A. Department Financial Obligations. In consideration of SubrecipienYs satisfactory performance of this Contract, Department shall reimburse the actual allowable costs incurred by Subrecipient during the Contract Tei�rn in an amount up to $457,223.00 in accordance with the budget as approved by the Department with the community action plan (as may be amended in writing), and the terms of this Contract." 2. Section 10. D Reportin� Requirements, of this Conh•act is hereby amended to add as follows: "Section 10. D. Reporting Requirements. HOUSEHOLD DATA. By the 15th of each month, Subrecipient shall electronically upload data on Households served in the previous month into the CA Perfoimance Measures Module located in the Community Affairs Contact System." 3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Conh•act void by law. 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 5. This Amendment may be executed in several counterparts, each of which shall be deemed to be an origina] copy, and all of �vhich together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. 6. If any of the Parties returns a copy by facsimile machine or electronic h•ansmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic h•ansmission to be its original signature. 7. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. Page 1 of 2 8. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 9. This Amendment shall be effective on Janua►y 02, 2020. AGREED TO AND EXECUTED BY: SUBR�CIPI�NT: City of Fort Wortl� a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: Februa�y 19, 2020 926 am DEPARTM�NT: T�%AS D�PARTM�NT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Willcinson Title: Its duly authorized officer or representative Date: February 20, 2020 10:12 am Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 61200003206; AMENDMENT NO. 1 FY 2020 COMMUNITY SERVICES BLOCK GRANT PROGRAM CFDA#93.569 APPROVED AS TO FORM AND LEGALITY: •/�« �.�� Matt Mui7�ay Assistant City Attorney . -�-. � .. � r� ��. ����� `�1 ATTEST: ,� .� . , -��.' �" � :• ••. C? �' C.� .` �':�`� 1 � � �'�' '' �.'' ary J. K er ?�. i``, .�. City Secret ry ��'r� �,'�.`��,r�'�;;� _ , �'�.�,. � � : �.., M&C 19-0335 Dated: December 3, 2019 CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract� Title: Assistant City manager Date: February 19, 2020 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: February 20, 2020 By signing below, I acicnowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfoi•mance and reporting requirements. ;- • � � ? � , � ��,� � , �, i �`�" ,:� (. '' � . �onia Singleton, Assistan D' �ector Neighborhood Services / k CSC No. 53416-A2 2 d"'" T�XAS D�PARTIYI�NT OF HOUSING AND COMMiJNTTY AI�'FAIRS AMENDMENTNUMBER�(TOCONTRACTNUNIDBR 61200003206 FY 2020 COMMUNITY SERVICES BI.00K GRANT PRO(iRAM ("CSBa") CFDA#93.569 Awarding Federal Agency: United States Depe�tment of Health and Human Seivices TDHCA Federal Award Number: G-2001TXCOSR Award Yesr (Year of Awacd from HHS to TDHCA): 2020 Untque Entity IdenHfier Number: 147336965 2 � This Amendment Number �(to Community Services Block Grant Progrem Conhact Number 61200003206 by and between the Texas Depa��rnent of Housing and Community Af�'atrs ("Depa►tment"), a publia and official agency of the St�te of Texas, and City of Bort Wm•th ("Subrecipient"), a political subdivision of the State o£ Texas, hereinafter collectively referred to as "Perties". �CITALS WHEREAS, the Department and Subrecipient executed the 2020 Community Servlces Block Grant Program ContractNumber 61200003206 ("Conlract"); and WHEREAS, the Pardes desire to amend the Contrsct in the manner provided herein bolow. AGRE�NI�NTS NOW TT�REFORE, for valuable constderation, the receipt and sufficlency of which are hereby acknowledged, the Perties agree es follows: 1. Sectlon 2, Contract Term, of this Contraot is hereby amended and replaced ln 1ts entirety to read as follows; "Section 2, Contract Term. This Contract shall commence on January Ol, 2020, snd, unless earlier terminated, shall end on March 31, 2021("Contract Term")." 2. All of the ramaining terms of the Contract shall be end remain in fUll force and effect as therein set forth and ahall continue to govem except to the extent that said terms conflict wIth the tetms of thls Amendment. In the event this Amendment and the terms of the Conhaot are in conflict, this Amandment shall govem, unless it would make the Conhact void by law. 3. Each cepitalized term not exprossly defined herein shall have the meening given to such term in the Contraot. 4. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, end ell of which together shall canstitute ono agreemeat binding on Parties, notwithstanding that all the Partias shall not have signed the same counterpart. 5. If any of the Perties returns s copy by facsimile maohine or elech•onic hansmission, the slgntng party intends the copy of its authorized signature printed by the receiving maehine or the electronic transmission to be Its original signature. 6. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word thereln. 7. This Amendment shall be binding upon the Parttes heroto and their respective successors end assigns. 8. This Amendment shell be effective on December 31, 2020. Page 1 of 2 AGREED TO AND BXECUTED BY: SUB1t�CIPI�NT: City of Fort Wortli a politicel subdiviston of fhe State of Texes By: Fernando Costa Title: Assistant Clty Manager Date: Aecember 18, 2020 10:05 am D�PARTMENT: T�XAS DEPARTMENT OT HOUSING AND COMMUMTY AFBAIRS, a public and oi'ficial agency of the State of Texas By: Robert Willcinson Title: Its duly suthorized officer or rapresentetive Date: Aecember21,2020 8:20am Page 2 of 2 TEXA,S DEPA.RTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 61200003206; AMENDMENT NO. 2 FY 2020 COMMUNITY SERVICES BLOCK GRANT PROGRAM CFDA#93.569 A.PPROVED AS TO FORM AND LEGALITY: ��� Taylor Paris Assistant City Attorney ATTEST: ���C����- v Mary J. Kayser City Secretary M&C 19-0335 Dated: December 3, 2019 CITY OF FORT WORTH By: Fernando Costa (signed electxonically-see attached contract) Title: Assistant City managex Date: December 18, 2020 TEXAS DEP.ARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or repxesentative Date: December 21, 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. . ,�. � Son �aa5�inglet (Jan 4, 202116:42 CST) Sonia Singleton, Assistant Director Neighborhood Services CITY COUNCIL AGENDA DATE: 12/3/2019 REFERENCE NO.: **M&C 19-0335 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City oF Fort Worth, Texas ���� T�� 19NSCSBG2020 NO SUBJECT: Authorize Acceptance of 2020 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 2020 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, 2020 and ending on December 31, 2020; 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 $165,000.00. 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 2020 CSBG program. The total 2019 contract amount is $1,838,824.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to $2,200,000.00 for 2020. 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 $1,944,776.00 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, 2020. 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 one million dollars. Addition of indirect costs would result in reduction in staff and services. The estimated indirect costs that are being asked to be waived is $165,000.00. No matching funds are required from the City for the CSBG program. This program services ALL COUNCIL DISTRICTS and the rest of Tarrant County. 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. Neighborhood Services will be responsible for the collection and deposit of funds due to the City. Prior to expenditures being incurred, Neighborhood Services has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Fernando Costa (6122) Sonia Singleton (5774) Monique Hill (5775) ATTACHMENTS NS CSBG2020 AO.docx