HomeMy WebLinkAboutContract 55183-A1CSC No. 55183-A1
T�XAS D�PARTM�NT OF HOUSING AND COMMiJiVITY AFFAIRS
AMENDMENT NUMBER 1 TO CONTRACT NUMBER 61210003437
FY 2021 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93,569
Awazding Federal Agency: United States Deparhuent of Health and Hwnan Services
TDHCA Federal Awazd Number: 2001TXCOSR
Awazd Year (Year of Award from HHS to TDHCA): 2U21
Unique Entity Identifier Nuuiber: 147336965
This Amendment Number 1 to 2021 Community Services Block Grant Program (CSBG) Contract Number
61210003437 ("Amevdment") by and beriveen the Texas Deparhnent of Housuig and Community Affairs, a
public and official agency of the State of Texas ("Deparhnent"), aud City of Fort Worth, a political subdivision
of die State of Texas ("Subrecipient"), hereniafter collectively refened to as "Parties".
RECITALS
WHEREAS, tlie Department and Subrecipient, executed the 2021 Couimunity Services Block Grant Program
Contract Niunber 61210003437 ("Contract"); and
WHEREAS, the Parties desire to amend the Contract ni the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable considerarion, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 4. A Department Financial Obligarions, of this Contract is hereby amended to read as follows:
"Secrion 4. A. Deparhnent Fuiancial Obligations. v� wnsideration of Subrecipient's satisfactory
perforuiance of diis Contract, Deparhuent shall rei�uburse die actual allowable wsts uicurred by Subrecipieut
during the Contract Term in an amount up to $1,862,197.00 in accordance with the budget as approved by
the Department with the community acrion plan (as may be amended in writing), and the terms of this
Contract."
2. All of the remaining terms of the Contract shall be and remain ni 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 d�is Amendment �u�d tl�e teims of tl�e Contract are iu conflict, diis Aiueudment shall goveni, miless it
would make the Contract void by law.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
4. This Auieuduient may be executed 'ui several couuterparts, each of wluch shall be dee�ued to be an origuial
copy, and all of which together shall constitute one agreeuient bind'uig on Parties, notwitl�stand'uig that all the
Parties shall not have signed the same counterpart.
5. ff aziy of the Parties retums a copy by facsiiuile machuie or electroiuc trazismission, the signutg parly intends
the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its
orignial signature.
6. By signing this Amendment, the Parties expressly understand and agree that its tenns shall become a part of
tlie Conlxact as if it were set forth word for word therein.
7. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
8. This Amendment shall be effective on March 02, 2021.
�FFICIAL RECORD
CITY SECRETARY
Page 1 of 2 FT. WORTH, TX
AGREED TO AND EXECUTED BY: SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: March 10, 2021 1 :00 pm
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: March 15, 2021 7:34 am
Page 2 of2
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
FY 2021 COMMUNITY SERVICES BLOCK GRANT PROGRAM
CONTRACT NO. 61210003437; AMENDMENT NO. 1
CFDA#93.569
APPROVED AS TO FORM AND LEGALITY:
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Taylor Paris
Assistant City Attorney
ATTEST:
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Mary J. Kayser
City Secretary
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M&C 21-0941
Dated: December 15, 2020
CITY OF FORT WORTH
By: Fernando Costa (signed electronically-see attached contract)
Title: Assistant City manager
Date: March 10, 2021
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: March 15, 2021
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.
�,� �.�a
Sonia Singlet i(Jun 21, 202ll5:47 CDT)
Sonia Singleton, Assistant Director
Neighborhood Services
�FFICIAL RECORD
CITY SECRETARY
FT. VIlORTH, TX
CSC No. 55183
T'�Xt#S D�PARTM�NT OT HOUSING AND COMMUNITY ATFAIRS
CONTRACTNUMBETt 61210003437 FOTtTHE
PY 2021 COMMCJNI'�'Y SERVICBS BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
A�varding Federal Agency: United States Department of HeAlth and Human Seivlces
TDHCA Federal Awa►•d Number: 210ITXCOSR
Awerd YeAr (Xear ofAward from HHS to TDHCA): 2021
Uniquc �ntity Identlfier Number: 147336965
3ECTIOIV 1. PARTIES TO THE CONTRACT
This 2021 Community Servlces Block Grant Program Contract Number 61210003437 ("ContracN') is mede by
and between the Texes Department of Housing and Community Affsirs, a public and officiel agenoy of the State
of Texas, ("DepartmenY') and City of Fort Worth a political subdivisfon of the State of Texas ("Subrecipienf')
hereinafi�a• the "Parties".
SECTIOTV� 2. CONTRACT TERM
This Contract shall commence on Janunry 01, 2021, and, unless earlier tetminsted, shall end on December 31,
2021("Conlrsct Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA
A. SubrccipienYs Service Area under this Conhact consists of tho following County/Counties: TARRANT
B. Subrecipient throughout its Servlce Area shall implement a Community ServIce Block Grant Progrem
("CSB�3") in accordsnce with the provlslons of Chepter 106 of the Community Sarvices Block Grant Act (42
U.S.C. §9901 et seq.) ("CS$G Act'7, as amendcd by the "Community Services Block Grant Amendments of
1994" (Publia J�aw 103-252) and tho Coats Human Services ReauthorizaHon Act of 1998 (Publlc I.aw
105-285); Chepters 2105 snd 2306 of the Texas Govornment Code ("State AcY'); the implementing State
regulattons under Title 10, Part 1, Chapter 1, Chsptor 2, and Chapter 6, Subchapters A and B of the Texas
Admintshative Code, as amended or supplemcnted from time to time ("CSBG Stste Rulas"); and the
Aepartment's guidance related to CSBG. Subrecipient fiuther agrots to comply with the CerNficst{on
Regarding iobbying for Contracts, Grants, Loans, end Cooperative Agreements attached hereto as
Addendum A. Certification Regerding Arug-Pree Workplace Requirements attached hereto as Addendum B.
Certification Regerding Environmental Tobscco Smoke attached hereto as Addendum C. Certification
Regarding Debsrment, Suspension and Other Responsibility Metter attsched hereto as Addendum D; the
nssurences, certificaHons, and all other statements msde by Subrecipient in its spplicatIon for funding under
this Contract; and with all other tarms, provisions, and requirements herein set forth. The Certificarions
sttsohed heroto as Addendums A. B. C, and � sre lncorporated herein for ell rolevant purposes.
C. Subrocipient shall operate on an equitable besis throughout Subreolpient's service area and shall utilize £unds
for thc reduction of poverty� the revitalization of communities, aad the empowermcnt of low-income femilies
and individuals to become fl�lly self-su�cient in accordance wlth the Organizational Standards adopted by
the Daperhnent and as further reflected in 10 TAC §6.206. Subreaipient shall provide services and acHvit[es
of the type specified in 42 U.S.C. §§9901, 9907 excluding subsection (c), and 9908.
D. Subrecipient agrees to perform all activltles in accordance wIth the cnmmunity action plan, in accordance
with SecHon 34 of this Contract, the terms of thc performance statement end budget submitted with the
wmmunity aoHon plan approved by the Deparlment (es may be amended In writing).
SECTIOIV 4. DEPARTMENT FINANCIAL OBLYGATIONS
A. In cansideraHon of Subreclpient's sarisfsetory performanca of this Contrsot, Department shall reImburse the
sctual a(lowable costs incuned by Subrecipient during the Conhact Term in an amount up to 5467,171.00
in accordence with the budget as epproved by tha Depaztment in the community action plan (ss may be
amended in wrIting), and the terms of tlus Conhact.
Page 1 of 20
B. Any declsion to obligato additional funds shall be made in writing by Department in its sole but reasonsble
disoretion besed upon the status of funding under grants to Department end Subreclpient's overall
compliance with the terms of this Contract.
C. DepartmenYs obligations under this Conhact are contingent upon the sctual recelpt end availability by the
Deparhnent of adequate 2021 CSBG funds fi•om the U.S. Department of Health and Human Services
("HHS") end the State of Texas. If sufficlent funds sre not avallable to make payments under this Contract,
Department shall notify Subreoiplent in writing wlthtn a reasonable time efter such fact is determined.
Department shall then terminate this Contract, and will not be ltable for the failure to make any payment to
Subrecipient under this Contract. Department acknowledges that it has received obligetions from those
sources which, if patd, will be sufficient to pay the allowable costs lnourred by Subrecipient under this
Contract.
D. Department shall not be liable to Subreciplent for certain costs, including but not limited to costs which:
1. have been reimbursed to Subrecipient or ere subject to relmbursement to Subrecipient by eny source
other than Deperhnent;
2. are not allowable costs, as set forth in the CSBG Act;
3. are not strlctly in accordence wlth the terms of this Contract, including the addendums and exhibits;
4. hsvo not been reported to Department within forty-five (45) calendar days following termination of thls
Contract; or
5. are not incurred during the Contraat Term.
E. Aoparhnent shall not relesse any funds under this Conhaot until Deparhnent has determined in writing that
SubrecipienYs fiscal control and fund accounting procedures are adequate to assure the proper disbursal of
and accounttng for such funds. .
F. Notwithstanding eny other provision of this Contract, Deparhnent shall only be liable to Subreeipient for
allowable costs actually incurred or performances rendered for activities specified ln the CSBG Act,
SECTION 5. PAXNI�NT/CASH BALANC�S
A. REOUEST FOR ADVANCE. Subreoipient may request an advance for up to thirly (30) days.
SubreclpionYs request for cash advanca shsll be limited to the minimum amount needed and be timed to be �n
aocordance with the actual, immediate cash requirements of the Subreciplent or an advance of 55,000,
whtchever is greater. In carrying out the purpose of this Contract. Subreeipient must request en advance
payment by submitting a properly completed monthly expenditure report to Depsrhnent through the
electronic reporting system no later than the ftfteenth (15th) day of the month prlor to the month for which
advance payment is sought, together with such supporting dooumentation ss the Departmant may reasonably
request,
B. �ISBURSBMBNT PROCBDURES. Subrecipient shal( establish procedures to minimize the time between
the disbursement of funds from Department to SubrecIpient and the expenditure of such funds by
Subrocipient,
C. AEPARTMENT OBLIGATIONS. Section 5(A) of this Contract notwithstanding, Deparhment reserves the
rigbt to utilizo a modified cost reimbursement method of payment, whereby mlmbursement of costs incurred
by s Subrecipient is made only efter the Deparhment has revlewed and approved backup documentation
provided by the Subrecipient to support such costs for all funds if at any time (i) Subrecipient maintains cash
balences in excess of need or requests advance payments ln excess of thirty (30) days need, (2) Department
idenNfies 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 oftlus Contract.
b, AT �,OWABLE EXPENSES All funds paid to Subrecipient pursuant to this Contraot ere for the payment of
allowable expenditures to be used for the exclusive benefit of the low-income populatIon of SubrecipienYs
Service Area incurred durLtg the Contract Term. SubreoIpient msy incur costs for acdvities essociated with
the closeout of the CSBG conlract for a perIod not to exceed forty-five (45) calendar days from the end of the
Contrsct Term.
E, � Subrecipient shall refund to Deparlment any sum of money which hes been paid to Subreclpient
by Deparhnent, which Department datermines has r�sulted in sn overpsyment. Subrecipient shsll make such
reftmd wlthin fifteen (15) calendsr days efter the Department's request,
Page 2 of 20
F, REPAYMENT. Subrocipiant shell repsy funds thst the Department determines has not been spent strlctly in
ecwrdance with the terms of this Contract and by which the period of obligation has expired. Subreoipient
shall meke such repayment within fifteen (15) calendar days after the Department's request,
S�CTION 6. ADMINISTRATIV� R�QYJII2�11�NTS, COST PRINCIPI,L�S, AND AUDIT Ii�QUIIiEMENTS
A. ADMII�IISTRATNE REOUIREMENTS AND COST PRINCIPLES, Except as expressly modified by law
or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform edminish•ative
requirements set forth in the state Unifoim Grent Management Standa�•ds, 34 TAC §20,421("UGMS") in
effect on the effective date of this Contract ("iJGMS"), except as preempted by Cost Princlples of Subpait B
of 2 CFR Part 200 which apply to Subrecipients of Community Services Block Grant funds pursuant to 42
U.S.C. §9916(a)(1)(B). All refercnces in UGMS to "local government" shall be construed to mesn
Subrooiplent.
B• INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
C. AUDIT REOUIREMENTS. Audlt requirements are set foith in the Texes Single Audit Act and Subpart F of
2 CFR Part 200, The expenditure threshold requlring an audit is 5750,000 ofFederal funds.
D. AUDIT REVIEW. Depa�iment reserves the r3ght to conduct eddittonal audits of tha funds received and
performances rendered under this Contract. Subreciplent agrees to permit Department or its authorized
representative to audit SubrecipienYs records and to obtain any documants, materlals, or informaHon
necessary to facilitste such sudit,
E. CERTTFICATION FORM. For any fiscal year ending within or one year after tbe Contract Term,
Subrecipient must submit an "Audlt Cert{ficetion Form" (available from the Department) within sixty (60)
days eftcr the Subrecipient's 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 Clesringhouse ("FAC") the earlier of 30
calender days after receipt of the suditor's report or nine (9) months aftar tha end of its respeative fisoel year.
As noted in 10 TAC §1.403(fl, Subrecipient is required to submit a notification to Deparhnent 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 appllcable, must be submitted to SAandACFQtdhca.staro.bc.us.
F. SUBCONTRACTS. The Subrecipient shall inolude language in any subcontrect that provtdes the
Aepartment the abiltty to directly roview, monitor, and/or audlt the operational and finanoial performsnce
end/or records of work performed under this Contract.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. As per 10 TAC §§2.202 and 2,203 and subject to the CSBG Act/IM-116, Deparhnent may
terminate this Contcact, in whole or 3n part, at eny tlme Depariment determines that thero is cause for
terminaHon. Cause for termination includes, but is not limited to, Subrecipient's failura to comply with any
term of this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements
of this Contract.
B. SUSPENSION. As per 10 TAC §§2,202 and 2.203 end subject to the CSBG Act/IM-116, Department may
suspend this Contract, in whole or in part, at eny time Deparhnent determines that there is cause for
suspension. Nothing in this Sectton 7 shall be construed to limit Deparhnent's authority to withhold payment
and Immediately suspend this Conhact if Aapartment idenHfies possible instances of fraud, abuse, waste,
fiscal mismanagement, or other deficiencies in SubreclpienYs performence including but not limited to,
Subrecipient's failure to correct any monitoring findings on this or eny state contrac� or on a single audit
roview.
C, �.TABILITY. Depemnent shall not be lisble for sny costs incuned by Subrecipient after termination or
during suspension of this Contract, or for any wsts that are disallowed.
D. VJITHI�OLDTNG OF PAYMENTS. Notwithstanding eny exercise by Deperhnent of its right of
deobligation, termination or suspension, Subreciplent shall not be rclieved of any liability to Department for
dameges by virtue of any breach of thls Conhact by Subrealplent. Department msy withhold any payment
due to Subrecipient until suoh time es the exact smount of damages due to Department is agreed upon or is
otherwlse determined in wrlting between the Parties.
Pege 3 of 20
S�CTION 8. PROHIBIT�D USE Ok' FUNAS
A. PURCHASE OF LAND. Subrecipient may not use funds under this Contract for the purchase or
improvement of land or tha purchsse, conshuction, or permenent Lnprovement of eny building or other
faoility as outlined in 42 U.S.C. §9918 (a) and 10 TAC §6.205(a).
B. REGULATOILY P1tOHIDITIONS. Subreclpient may not use funds under this Conhact for activitles
prohibited by 42 U.S.C. §9918 (b) and 10 TAC §6.205(b).
C. REFONDS. Utility snd rent deposit refunds &om vendors must be reimbursed to the Subreclpient and not
the customer in accordance with 10 TAC §6.205(c).
SECTION 9. RECORDKE�PING REQiTIItEM�NTS
A. GENERAL. Subrecipient shall msintain fiscal and programmatic records end supporting documentatlon for
all expenditures made under this Contract in accordsnce with the UGMS and Seation III, Common Rule;
State Uniform Adminish•ative Requirements for Grents and Cooperative Agreements, Subpart C-Post Aw�rd
Requirements, _.42. Subreciplent agrees to comply with any changes to the UCiMS recordkeeping
requirements, For purposes of compliance, all associated documentation must be readily available, whether
storod electronically or hard copy to justify complience with program rules and regulations.
B. OPEN RECORDS. Subrecipient aoknowledges that all information collected, assembled, or maintained by
Subrecipient pedaintng to this Contract, except records wnfidentiel by Isw, ara subject to the Texas public
Information Act, Chapter 552 of Texas Government Code end must provida citizens, public agencles, and
other interested parties wlth reasonable access to sll records pertaining to this Contract subject to and in
accordancc with tho Toxas Public Information Act.
C. ACCESS TO RECORDS. Subreoiplent shall give the HHS, the U,S. General Accounting Office, the Texas
Comptroller, the State Auditor's Office, and Department, or eny of thely duly authorized representarives,
access to aad tha right to examine and copy, on or off the promises of Subreclpicnt, all records pertainu�g to
this Conhact. Such right to access shall continue as long as the records are retsined by Subreoipient.
Subrecipient agcees to cooperste with any examinstion conducted pursuant to this SubsecNon C,
A. RECORD RETENTION. Subreoipient sgrees to maintsin such records in an accessible location for the
greater of: (i) the time period described in the state Uniform Grant Management Stendards, Chapter III,
"State Uniform Adminishative Requirements for Grants and Cooperative Agreements", Subpart C-Post
Award Requirements, §_.42; (ii) if notifed by the Department in wr[ting, the date that the imal audit is
sccepted wlth sll audit issues resolved to the Department's satisfaction; (iii) if eny lirigation claim,
negotietion, inspection, or other acrion has started before the expiration of the required retention period
records must be retained until completion of the acrion and resolution of all issues whiah arise under it; (iv) s
data consistent with any other perlod requlred by the performed acflviry reflected in federal or state law or
regulation. Upon termination of this Contract, ell records are properly of the Deparhnent,
E. SUBCONTRACTS. Subrecipient shall include the substence of this Section 9 in all subcontracts.
SECTION 10. REPORTING �QUIltEMENTS
A. GENERAL. Subrecipient shall submit to Department such reports on the performence of this Contract as
may be required by Aepartment lncluding, but not limited to, the roports specified in tlus SecHon 10.
B, BXPENDITURE REPORTS. By the 15th of each month, Subreciplent shall electronically submit a
Expenditure and Performance Report to the Depertrnent of all expenditures of funds and clients served under
thls Contract durIng the previous month, regardless of whether Subrecipient makes a fund request.
Subrecipient must file a monWly Performance and Expenditure report in a timely manner, prIor to accessing
funds. The failure of Subrecipient to provide a full accounting of alt funds expended under this Contract
shall result in the automatic suspension of the ability of Subrecipient to request refmbursements and ahatl be
identified es a finding in any monitoring review in accordance with the State CSBG Rules.
C. PINAL REPORTS. Subrecipient shsll submit a final Perfoimance Report and a finel Expenditure Repoit to
the Deparlment after the end of the Contraot Term. Subrecipient must file s final Perfortnance and
Expenditure report within foriy- five (45) calendar days after the end of the Contract Term prior to accessing
funds in the subsequent fiscal year.
Page 4 of 20
D. �IOUSEHOLD DATA, By the 15th of each month, Subrecipient shall elcctronically upload data on
Households served In tha previous month into the CA Performance Measures Module located in the
Community Affairs Contact System.
B. �N'VENTORY. Subrecipient shall submit to Department no later than forty fivo (45) celendar days after the
end of the Contract Term an inventory of all vehicles, tools, and equipment with a unit acquisitton cost of
$5,000.00 or mom 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 refleot the tools and equipment on hand
as of the lest day of the Conhact Term, Upon the termination of this Contract, Department may transfer title
to any equlpment to the Depa��tment or to any other entity receiving CSB(� funds finm the Depa�tment.
F. DEFAULT. If Subrecipient fails to submit within foriy-five (45) oalender days of its due date, any report or
response required by this Contract, including responses to monitoring reports, Department may, in its sole
dlscration, suspend payments, place Subrecipient on cost reunbursement method of payment, and initiate
proceedings to terminate the Contract in accordance with Section 7 of this Contraat.
G, ilNIOUE ENTTTY IDENTIFIER NUMBER Subrecipient shall provlde the Depertment with a Data
Universal Numbering System ("DUNS") number and regtstored in the System of Award Management
("SAM")a Central Contrector Reglstration ("CCR'� System number to be used es the Unique Entity
Identifier Number on ell conhacts and egreements. The DUNS number must be provided in a document finm
Dun and Bradsheet and the current CCR number registration must be submitted from a document retrieved
from the https://www.sam.gov website. These documents must be provided to the Depariment prlor to the
processing first payment to Subreciplent. Subrecipient shall maintain a current DiJNS number and CCR
numberSAM Regishation for the entire Conhact Term.
SECTION 11. CHANGES A1�iD AMGNDMENTS
A. A�"T'*TT'""FUT� A�m �NAx[:Rs R_F.ni_TIRED BY LAW. Any chenge, addition, or deletion to the terms
of tivs Contract requIred by a ohango in state or federal law or regulation 3s eutomatically incorporated herein
and is effeorive on the date designated by such law or regulations without the requirement of a written
amendment hereto. Said changes, addttions, or deletions referenced under this Section 11 of this Contract
may be further evidenced in a written amendment,
B. GENERAL. Except as specifioally provided otherwise in thIs Conhact, any changes, additions, or deletions
to the terms of this Conhact not required by a chenge in state or federal law or reguladon shall be in wrlting
and executed by both Parties to this Conhact. �
C. FACSTMII.E SIQNATURES. If any Party retums an executed copy by facsimile maahine 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. REOUEST• The Department must receive any Contrect amendment requests in writing, and such requests
must adhero to10 TAC §6,3(e)(1).
SECTION 12. PROGitAM INCOME
Subrecipient shall account for end expend progrem income derived from activities financed in whole or in part
with funds provided under thIs Contract in accordance with the state Uniform Grant Manegement Standards, more
speclfcally Chapter III, "State Uniform Administrative Requirements Por Grants and Cooperative Agreements",
Subpart C- Post-Award Requiremonts--FinancIal Administretion, §_,25, Program Income, 2 CFR §20U.80, and
10 TAC §6.205(c).
Page 5 of 20
SCCTIOIV 13. TECHNICAL ASSISTANC� ANA MO1vITORWG
Deparlment may issue technIcsl guidance to explain the rules and provide d'uections on terms of this Conh�act.
Department or its daslgneo may conduct perlodic on-site monitoring and evaluation of the efficlency, economy,
and eiiicscy oP Subrecipient's performance of this Conhact. Deparhnent will advise Subrecipient in writing of
eny deficlencies noted durIng such monitoring, Deparhnent will provlde technical sssistance to Subrecipient and
will require or suggest changes in Subrecipient's pingram implementatlon or in Subrecipient's accounting,
personnel, procurement, and manegement procedures in order to conect any deficlencies noted. Deparhnent may
conduct fol(ow-up visits to review and assess the efforts Subrecipient hss made to coaect prevlously noted
defictencles. Department may place Subrecipient on a cost reimbursement method of payment, suspend or
ternvnate this Contract, or invoke other remedies 1n the event monitoring or other reliable sources reveal material
deficieneies in Subrecipient's performance or if Subreoipient feils to coneet any deficieney within the time
allowed by federal or state law or regulatton or by the terms of this Contract. Deparhnent may issue such
corrective actions in accordance with 10 TAC §2.203.
S�CTION 14. INDEP�NDENT CONTRACT'OR
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECT'ION 15. PROCITZiEMENT STANDARDS
A. Subrecip3ent shall comply with UGMS and 10 TAC §1.404, this Conhsct, and all applicsble federal, state,
and local laws, regulations, and ordinances for making procurement iransactions and purchases under this
Contract.
B. Subrecipient may not uso funds provided under this Contract to purchase equipmant (as defined by UGMS)
wlth a unit acquisltion cost (the net invoice unit price of an Item of equipment) of more than $5,000.00, or on
any vehicle purchsse unless Subrecipient has received tha prior written approval from the Departmant for
such purchase.
C. When the Subrecipient no longer needs equipment purchssed with CSBG grant funds, regardless of purchase
price, or upon tha tertninarion of this Contract, Departrnent may take possession and transfar title to any such
property or equipment to the Depertment or to a thud pady or may seek reimbursement from Subrecipient of
the current unit price of the item of equipment, in Deparhnent's sole determination. Subrecipient must request
permission from the Deperhment to transfer tttle or dispose of equipment purchased with CSBG grant funds,
SECT'�ON 16. SUBCON'TRACTS
A, Subreciplent may not subgrant funds under this Contract or subcontraot the primary performance of this
Contract, including but not limited to expenditure and performance raporting and drawing fund t}uough the
Community Affsirs Contract System, end 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 dalivary of client assistence without obtaining Department's prior approval, Any
subcontract for the delivery of cltent assistance will be subject to monitoring by the Department.
B. In no event shall any provision of this Sectlon 16, specifically the requiroment that Subrecipient obtain
Deparhnent's prior written approval of a subcontractor, be construed as relieving Subreaipiant of the
responsibility for ensuring thst the performances rendered under all subcontracts are rendered so as to
comply with all of the terms of this Conh•act, as if such performances rondered were randered by
Subrecipient. Departmant's approval under this Section 16 does not constitute adoption, ratificetion, or
scceptance oP SubreciplenYs or subcontractor's performance hereunder. Deparhnent malntains the right to
monitor and require Subrecipient's full compliance with the terms of this Conhact, Departrnent's epproval
under tlils Section 16 does not waive any rlght of action whtch may exist or which may subsequently accrue
to Deperhnent under this Conhact.
SECTION 17. TRAVEL
Subrecipient shall adhere to 2 CFR §200.474 and either lts board-approved travel policy (not to exceed the
amounts established in subchaptar I of Chapter 57 of Title 5, United States Code "Travel end Subsistence
Bxpenses; Mileage Allowances), or the State of Texas trsvel polioies under 10 TAC §1.408. 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.
Page 6 of 20
SECTION 18. FID�LITY BOND
Intentionally deleted,
S�CTION 19. LITTGATION AND CLAIMS
Subrecipient shsll immediately provide Dapartment with written notiee of any claim or sction i►led wIth a court or
administradve agency egainst Subrecipient arising out of the performance of this Contract or any subcontract
hereunder. Subrecipient shall provide Deparhnent with copies of any and all relevant papers Subrecipient receives
with respect to such sctton or claim. �
S�CTION 20. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority to enter into
this Contract, to receive end manage the funds authorized by this Contract, and to perform the services
Subi�eclpient hes obligated itself to pei�form hereunder. T'he execution, deltvery, and performance of this
Contraot will not violate Subrecipient's consritutive documents or any requirement to which Subrecipient is
subject and represents the legal, valid, and binding agreemont of Subroclpient, enforceable in accordance
with its torms.
B. SUBRECIPIENT BLIGIBILITX. Subrecipient wanants thst it is an eligible entity, inoluding the
requircment for a tripsitite board, as defined by 42 U.S.0 §9902 and 42 U.S.C. §9910 respecttvely.
C. SIGNATURE AUTHORITY. The person slgning this Contrsct on behalf of Subrecipient hereby warrents
that he/she has been duly authorized by 5ubrecipient's governing board to execute this Coniract on behalf of
Subrocipient and to validly and legally bind Subrecipient to the terms, provisions and performances herein,
p, TERMINATION: LIABILITY. Deparhnent shall have the right to terminste Wis Contract if there is a
dispute as to the legsl authority of eithor Subrecipient or the person slgning this Contract on bchelf of
Subreaipient to enter into this Cantract or to render performences hereunder. Subreoipient is liable to
Deparhnent for any money it has received from Deparhment for performance of the provlsions of thls
Contrect, if the Department has terminated thts Conhect for ressons enumerated in this Section 20.
E. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract if the
Subrecipient liquidatos, terminates, dissolves, merges, consolidates or fails to maintain good standing in the
Stste of Texas, and such is not cured prior to causing materIal harm to SubrecipienNs ability to perfoiYn under
the terms of this Contract.
SECTTON 21. COMPLIANCE WITH T.AWS
A. FEDERAL STATB AND LOCAL LAW. Subreciplont shall comply with the CSBG Act, the federal rules
end regulations promulgated under the CSBG Act, the State Act, the .State CSBG Rules, the certificadons
atteched hereto, and all federal, state, end local ]aws and regulations applicable to the perforrnance 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
ft�nds under this Contract shall be used for any illegal acrivity or activlty that violates any federal, ststa or
local laws.
B, DRUG-FREE WORKPLACE ACf OF 1988. The Subrecipient afiums by signing this Conh•act and the
"Certificatton Regarding Drug-Free Workplace Requlrements" attached hereto as �ddandum B that it is
implementing the Drug-Free Workplace Act of 1988 (41 U.S.C. §701, et se� and EiiJD's implementing
regulaHons including, without limitatton, 2 CFR Parts 182 and 2429.
�, �iMfTFD ENGLISH PROFICIENCY (LEPI. Subrecipients must provide progrem epplications, forms, and
educational materIals in English, Spanish, and eny appropriete lengusge, besed on the needs of the servlce
ares and in compliance with the requirements in Executive Order 13166 of August 11, 2000 of August 11,
2000. To ensure compliance, the Subrecipient must take raesonable steps to Insure that persons with LEP
have meaningtLl access to the program. Mesningful sccess may entail providing langusge assistance
services, including orel and written translation, where necessary.
Page 7 of 20
D. PROTECTED HEALTH INFORMATION. If Subt•eciplent collects or receives documentation for disability,
medical records or any other medical informarion in the course of administerIng the CSBG progrem,
Subrecipient shall comply with the Protected Health InformaHon state and federal laws and regulations, as
Qpplicable, under 10 TAC §1.2A, Chapter 181 of the Texes Health and Safety Code, the Health Insurance
Portability and AccountabIlity Act of 1996 ("HIPAA") (Pub.L. 104-191, 110 Stat. 1936, enacted August 21,
1996) the HIPAA Prfvacy Rules (45 CFR Pait 160 end Subparts A and B of 45 CFR Psrt 164),
B. XNFORMATION SECURITY ANA PRIVACY REOUIREMENTS.
1. Gener Subrecipient shall comply with the informstion security and privacy requirements under 10
TAC §1.24 to ensure the security end prlvacy of Protected Information (es said teim is deftned under 10
TAC § 1.24).
2, Information Securitv and Privacy A�reement!"ISPA"1. Prior to beginning any work under this
Conhact, SubrecIpient shall either (i) have an effective, fully executed ISPA, as required by 10 TAC
§1.24, on file wifli the Deparhnent, or (ii) will exacuta snd submlt to the Departrnent an ISPA in
accordance with instructions found on the Aepartrnent's website st the "Information Security snd
Prlvaoy AgreemenY' link.
F. PREVENTTON OF TRAFFICKING. Subrecipiant and its contractors must comply wlth Section 106(g) of
the Tr�cking Victims Protection Act of 2000, as amended (22 U.S,C. §7104 el seg.). If Subrecipient or its
conh�actor or subcontractor engages in, or uses labor rocruiters, brokars or offier agents who engage in any of
the prohibited activities under Section 106(g) of tha Trafficking Victims Protectton Act of 2000, Deparhnent
may terminate this Conhact and Submciplent hereby agrees end acknowledges that upon termination,
Subrecipient's rights to eny funds shall be terminated.
SECTION 22. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient shall establlsh, maintain, and utillze systems end procedures to prevent, detect, and correct
weste, fraud, and abuse in aotivities 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 wntrols systems end all transactions and other significant
events are to be clearly documented, and the documentation is to ba resdily sysilable for monitoring by
Depsrhnent.
B. Subrecipient shall give Aepartment complete access to all of its records, employees, snd agents for tha
purpose of monitoring or investigsting the CSBG program. Subrecipient shall immediately notify
Depertment of any discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with DepartmenYs
efforts to detect, investigate, and prevent waste, fraud, and sbuse.
C. Subrecipient shall not discriminate against any employee or other parson who reports a violation of the terms
of this Contract, or of any law or regulation, to Department or to any appropriate law enforcement suthority,
if the report is made in gaod faith.
SECTION 23. CERTIFICATION AEGARDING UNDOCiJMENTED WORKERS
Pursuant to Chapter 2264 of the Texss Government Coda, by execution of this Contract, Subrecipient hereby
certifies that Subrecipient, or a branch, division, or department of Subreclplent does not and will not knowingly
employ an undocumented worker, whero "undocumented worker" means an individual who, at the tlme of
employment, is not lawfully admitted for permanent residence to the United Stetes or authorized under law to be
employed In that manner in the United Ststes. If, aftor receiving a publtc subsidy, Subreoipient or a branch,
divislon, or department of Subrecipient is convicted of a violation under 8 U.S.C. §1324a (�, Subrecipient sball
ropay the public subsidy with interest, at the rate of ftva percent (5%) per ennum, not later than the 120th day after
the date the Aeparlment notifies Subreciplant of the violation.
S�CTION 24. CONFLICT OT AYT�itEST/NEPOTISM
A. Subreclpient shall meintain written standerds of conduct governing the performance of its employees engaged
in the award and administration of contracts. Failuro to maintain written standards of conduct and to follow
and enforce the written standards is a condition of default under this Contract. In addition, the wrItten
standards must meet the requlrements in 2 CFIt §200.318,
Page 8 of 20
B. No employee, officer, or agent of SubrecIpient shall participate in the selectlon, award, or administrstion of a
conh•act supported by federal funds if e real or apparont conflict of interest would be involved, Such a
conflict would arise when the employee, officer, or egent, any mamber of his or her immediste family, his or
her psrtner, or an organizetion which employs or is ebout to employ any of tlie Parties indicated herein, has a
fnancIal or other interest la the firm selected for an award. , This also applies to the procurement of gaods
and services under 24 CFR §§200.317 and 200.3186.
C. The off`icers, employees, and agents of the Subi�ecipient shall neIther solicit nor accept gratuittes, favors, or
anything of monetary value from conhactors, or parties to subagreements. Subrecipients may set stsnderds
for situsNons in which the financial interest ls not substantial or the gift is an unsolioited item of nominal
value. The standsrds of conduot shall provide for disciplinary actions to be applied for vlolstions of such
standards by officers, employees, or egents of the Subrecipient.
D. Subrecipients shall follow the requirements of Chapter 171 of the T..ocal Govemment Code regarding
confltcts of interest of officers of municipalities, counties, and certain other local govarnmants.
E. Fsilure to meintaIn written standerds of wnduot and to follow and enforce the written stendards is e conditton
of default under this Contract end may result in termination of the Contract or deobligaHon of fl�nds.
S�CTION 25. POLITICAL ACTMTY AND LEGISLATIVE INP'LUENC� PROHIBITED
A. None of the funds provided under this Conhact shall be used for influencing the outcome of any election, or
the passege or defeet of any legisletive messure. This prohibition shall not be construed to prevent any state
official or employee from furnishing to any member of its goveming body upon request, or to any other local
or etata official or employee or to any citlzen, information in the hands of the employee or otiicial not
constdered 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 candtdates for the legislative, exeoutive, or judicisl branches of government, the State of
Texss, or the govemment of the United States.
C. None of the funds provided under this Contract shall be used to pay any parson or organization for
influencing or ettempting to influence an o�cer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of s 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 Davelopment Owner and each of its tiers have certified by their execution of the "Certificstion Regazding
Lobbying for Conhacts, Grants, Loans, and Cooperative Agreements" sttaohed hereto as Addendum A and
incorporated herein for all relevant purposes.
S�CTION 26. NON-DISCRINIINATION, EQUAL ACCESS AND EQUAL OPPOItTCJMTY
A, NO -DISCRINIlNAT'ION. 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 administrarion of or in connecHon with
any program or activity funded in whole or in part with funds made avaIlable under this Contraat, on the
grounds of race, color, religion, sex, national orIgin, age, disability, poliHcal affiliaHon or belief,
B. EqUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Bmployment Opportunity Program in
keeping with the principles ss provlded in President's Bxecutive Order 11246 of September 24, 1965, as
amended, end its implementing regulaHons st 41 CFR Psrt 60.
C. ACCESSTBILITY. Subrecipient must meet the standerds under (i) Secrion 504 of the Rehabilitation Act of
1973 (5 U.S.C. §794) Titles TT and III of the Americans with Dlsabilides Act (42 U.S.C. §§12131-12189; 47
U.S.C. §§155, 201, 218 end 255) es implemented by U. S. Deperhnent of Justice et 28 CFR Psrts 35 and 36.
Subrecipient shQll operate each pingram or activity receiving financial assistance so that the program or
acHvity, when vlewed in its entiroty, is readily accessible snd usable by individusls with disabilities.
Subreciplent is also required to provide reasonable accommodallons for persons wlth disabilities.
D. SUBCONTRACTS, Subreciplent wlll include the substance of this Section 26 in all subconhaats.
Page 9 of 20
S�CTION 27. MATI�IT�NANC� OT �FFORT
Punds provided to Subrecipient under this Contract may not be substituted for funds or i�esources from any other
source or in any way serve to reduce the funds or resources whlch would have been available to or provided
through Subreoipient had this Contraot never been executed,
SECTION 28. DEBARREA AND SUSPEND�D PARTI�S
By signing this Contrect, Subreoipient certifies that its principal employees, board members, agents, or
contractors agents ere not presently debarred, suspended, proposed for debarment, declared ineliglble, or
voluntarily excluded by any federal depariment or agency as provided in the Certification Regarding Debsrrnent,
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 covere
transaction", "participanY', "person", "prImary covered transaotion", "principal", "proposal", and "voluntarily
exoluded", as used ln the certlficatlon attached as Addendum D, have the meaning set out In the Definitions and
Coverage sections of rules implementing Bxecutive Order 12549. Subrecipient also certifies that it will not
Irnowfngly award eny funds provided by this Contract to any person who is proposed for debarment under 48 CFR
Part 9, Subpart 9.4 or that is deberred, suspended, or otherwIse excluded from or ineligible for participation in
federal esslstance programs under Executive Order 12549. Subrecipient agrees that prior to antering into sny
agreement with a potenrial subconhactor that the ver[fication process to comply wlth this requirement wlll be
aawmplished by checking the System for Award Managemcnt ("SAM") at www,ssm.gov snd including a copy of
the results in its project files. After said verificetion, Subreaipient may decide the frequcncy by which it
determines the eligibility of its subcontractor during the term of subcontractor's agreement. Subrecipient may
subsequently rely upon a certifiosdon of s subcontractor that is not proposed for debarment under 48 CFR Part 9,
Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered trenssction, unless
Subrecipient knows that tha certification is erroneous, Failure of Subrecipient to fumish the certification attached
hereto as Addendum D or an explanstion of why it cannot provida said certification shall disquslify Subrecipient
from participation under this Contract, The ceitification or explanation will be considered in connecdon with the
Deparhnent's determination whether to continue with this Contract. Subrecipient shsll provide immediate wr[tten
notice to Department if at any time Subreciplent learns that the certification was erroneous when submitted or has
become eaoneous by reason of changed circumstances, Subi�ecipient further agrees by executing this Conhact
that it will include the certificstion provision titled "Certification Regarding Debsrment, Suspension, Ineligibility
and Voluntary Exclusive-Subconhaets," as set out in Addendum b, without modification, and this lenguage under
this Section 28, in all its subcontracts,
SECTION 29. FAITH BASED ANA SECTARIAN ACTIVITY
Funds provlded under this Contract may not be used for sectarian or explicitly religious activities such as worship,
religious instruction or proselytization, end must be for the benefit of persons regardless of religious sffiliaHon.
Subrecipient sball comply with the regulations promulgated by the U. S, Department of Health and Human
Services ("HHS") at 45 CFR Part 87.
SECTION 30. COPYRIGHT
Subreciplent may copyright materlals developed in the perforrnance of this Conhact or with funds expended
under this Contract. If copyrighted materials aze developed in the under this Contract, the Deparhnent and HHS
shall each have a royalty-free, nonexcluslvo, and irrovocebla right to reproduce, publish, or otherwlse use, and to
suthorize others to use, the copyrlghted work for govemment purposes.
SECTION 31. NO WAIVER
Any right or remedy given to Department by this Contract shall not prealude the axistence of any other right or
remedy, nor shall any action taken in the exercise of any rlght or remedy be deemed a waiver of any other right or
remedy. The failure of Department to exercise any right or remedy on eny occasion shall not constitute a waiver
of DepartrnenYs right to exercise that or any other right or remedy at a later time.
SECTION 32. SEVERABII,ITY
If any seoHon or provision of this Contract is held to be invalid or unanforceable by a court or an administrative
hibunal of competent jurisdicNon, the remainder shall remain valId and binding.
Page 10 of 20
S�CTION 33. ORAL AND WRITT�N AGRE�II�NTS
A. All oral and written agresments between the parties to this Contract relating to the subject matter of th(s
Contract have been reduced to writing and are contained in this Contract.
B. Tha attachments enumerated and denominated below are a pa�t of this Contract and constitute promised
performences under this Conh�set:
1. �.ddendum A- Certification Regerding Lobbying for Conhects, Grants, Loans, and Cooperatfve Agreements
2. Addendum B- Cextification Itegarding Drug-Free Workplace ltequirements
3. Addendum C- Certification Regarding Envlronmental Tobacco Smoke
4. Addendum D- Certificatlon Regerding Debarment, Suspension end Other Responsibility Matters
SECTION 34. COMMUNITX ACTION PLAN
A. As a condition of recoipt of continued funding under the Aat and as further described in 10 TAC §6.206,
Subrecipient shall submit by Septamber 1, 2020 to the Department a community action plan including
Nationsl Performance Indicators ("NPI") for 2021 funding that incIudes:
1. a desoripdon of the service delivery system targeted to low-income individuals and families in the
service area, including homeless individuals end families, migrants, and the elderly poor;
2. a description of how linkages will be developed to fill identified geps in services through information,
referral, case management, and follow-up consultations;
3. a description of how funding under this Act will bo coordinated with other public and private rosources; ead,
4, a descriprion of outcome measures to be used to monitor success in promoting self-sufficiency, family
stability, and community revitalization.
B. Subrecipient must attain previously identlfied 2021 NPI targets within 20 percent variance by the end of the
Contract Term. Subreolpient must request in writing any adjustment needed to a NPI target to the Deparhnent
for review and approval no later than August 31, 2021.
C. To retein elig(ble entity status, Subreolplont will submit every three (3) years a community needs assessment
acwrding to Department insbvctions,
ll. To retain aligible entity ststus, Subrecipient will submit every five (5) yeers a strategic plan according to
Department instructions.
SECTION 35. YJSE OF ALCOHOLIC B�VERAGES
Funds provided under this Conhact may not be used for the payment of salarles to any Subreaipient's employees
who use alcoholic beverages wbile on active duty, for travel expenses expended for alcoholic beverages, or for
the purchase of alcoholic beverages,
SECTION 36. TORCE MAJURE
If the obligat[ons are delayed by the following, an equitable adjustrnent will be made for delay or fsilure to
perform hereunder:
A, Any of the following events; (i) cstastrophic weather conditions or other extraordinary elements of nature or
scts of God; (ii) acts of war (decla►•ed or undeclared), (iii) acts of terrorism, insurreotion, riots, aivil disorders,
rebeliion or sabotsge; and (iv) quarentines, disease pandemics, embargoes and other similar unusual actions
of federal, provincial, local or foreign Qovemmental Authorities; end
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 reasonsble precautions end could not have been
prevented or circumvented through the use of commercially reesonable alternative sources, worka�•ound plans
or other means.
Page 11 of 20
S�CTION 3'1. ALT�RNATIV� DTSPUT� It�SOLUTION
In accordance with Section 2306,082 of the Texas Government Code, it is the Department's policy to encourage
the use of appropriate altemative dispute resotution procedures ("ADR") under the Governmental Dispute
Resolution Act and the Negotiated Rulemaking Act (Chspters 2009 and 2006 respectively, Texas Government
Code), to assist ni the fair and expeditious resolution of internal and external disputes involving the Department
and the use of negotiated rulemaking procedures for the adoption of Aapartment rules. As descrlbed in Chapter
154, Civil Practices end Remedies Code, ADR procedures inolude mediation. Except as prohibited by
Deparlment's ex parte communications pollcy, Deparhnent encourages informel communications between
Deparhnent staff and the Subrecipient, to exohange information and informal(y resolve disputes. Department also
has edministrative appeals pmcesses to fairly and expeditiously resolve disputes. If at any time the Subrectpient
would like to engage Aepaziment in an ADR procedure, the Subrecipient may send a proposal to Depa►tmenYs
Aispute Resolution Coordinator. For additional informstion on Department's ADR policy, see DeparhnenYs
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC § 1.17.
SCCTiON 38. TIIVIE IS OF THE FSS�NCE
Time is of the essence with respect to Subreoipient's compliance with all covenants, agreements, teims and
conditions of thls Contract.
SECTION 39. COUNT�T2PARTS AND FACSIMII.E STGNATURES
This Contract may be executed in one or more counterparts esch of which shall be deemed an original but all of
wluch together shsll constitute one and the ssme instrument. Signed signature pages may be transmitted by
facsimile or other elechonic transmission, and any such signature shall have the same legal effect as en original.
SECTION 40. NUNIDER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the fominine, snd singular
words sball include the plural.
SECTION 41. NOTICE
A. Tf a notice is provlded concerning this Contraot, notice may be given at the following (herein referred to as
"Notice Addross"):
As to Deperhnent:
TEXAS DEPAlt'TMLNT OF HOUSING AND COMMUNITX 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 Subreciptent:
City of Fort Worth
200 Texas Sn•eet Annex, 3rd Floor
Fort Worth, TX 761026312
Attention: Fernando Coste, Assistant City Manager
Telephone: (817) 392-6122 Fax: (817) 392-6134 Email: femando.costa rQfortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when deltvered, mai(ed by ovemight
service, or five days after mailing by certified or registered mail, postage prepaid, retum recelpt requested,
addressed to the appropriate Notice Address es defined in the above Subsection A of this Section 41.
C. Subrecipient shall provide contact information to the Department in eccordance with 10 TAC §6.6.
Page 12 of 20
S�CTION 42. V�NiJ� AND JURISDICTION
This Contract is delivered and intended to be perPormed In tho State of Texas. For purposes of litigation pursuant
to this Contract, venue shall lie in Travis County, Texas.
S�CTION 43, APP�ALS PROC�SS
Subrecipient must establish a denial of service complaint procedure for indivlduals whose application for service
or essistance is denied, terminated or not acted upon in stimely manner in accordance with 10 TAC §6.8.
SECTION 44. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written
consent and egreement of Aepartmant, which consent msy be withhold in Depsrhment's sole discretion,
SECTION A5. T.TNIITAITON ON ABORTION FUNDWG
A, Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state law, the
Deparhnent may not enter into this Contract with an "abortion provider" or an "affiliate" of en abortion
pinvlder, as ssid terms are defined thereunder, if funds under this Contract are sppropriated from state or
local tax revenue.
B. By execuHon of this Contract, the Subrecipient hereby certifies that, as a condition of receIpt of any funds
under this Contract from state or local tax revenue, it is eligible to receive said funds, and thst it wlll not
utilize said funds in eny way conhary to this Sectlon 45 during the Conhaot Term.
SECTION 46. F�DERAL AND STATE WANERS AND ALTERNATIVE REQUIItEMENTS
A. Notwithstanding the language in 10 TAC §6,3(b)(33)(C), 2021 CSBG funds from the U,S. Department of
Health and Human Services ("HHS"), the State of Texes, and Coronavlrus Aid, Relief, and Economic
Securlty Act (Public Law 115-136) ("CARES Act") ("CSBG-CVD funds") may be used to serve
Low-Tncome Households not to exceed 200% at the Federal Poverry Income Guidelines untll September 30,
2021.
B, In accordence with CSBG Informat[on Memorandum #154, the Aeperhnent wIll allow signed statements
from households attesting to having been economically impacted by COVID-19 (i.e. disester unemployment,
lost wages, or incressed household casts) during the eligibility screening process from April 24, 2020, untIl
30 dQys after the expiration of the state disaster declaration.
C. Intentionally Left Blank .
D. �ctenslon of Waivars. If ss a result of COVID-19, HHS or the Department extends the time perlod for the
above mentloned COVID-19 related waivers and Department Waivers and there are no substantive changes
associated wlth said extonsion, the Department msy allow use of the waivers for the extended time period
without the requirement of a written amendment hereto. In auch an event, however, Subrecipient should
retain any written cori�espondence from the Depeitnent regarding said extenslon of the COVID-19 related
waivers.
EXECUTED to be effeotive on Janus�y 01, 2021
SUBRECIPIENT:
City ofFort Wortli
a pollticnl subdivislon of the State of Teaas
By: Bernando Costa
Title: Assistant City Manager
Date: January 7, 2021 3:28 pm
Page 13 of 20
DEPARTMCNT:
T�XAS D�PARTM�NT Or HOUSING AND COMMUMTY AnFAIRS,
a public and officfel wgency of tlie State of Texas
By: 12obert Willdnson
Title: Its duly authorized officer or representative
Dste: Januaiy S, 2021 7:59 am
Page 14 of 20
TEXA.S D�PARTMENT OF HOUSING AND COMMUNITY AFFA.IRS
CONTRACT NO. 612].0003437
FY 2021 COMMUNITY SERVICES BLOCK GRANT PROGRAM
CFDA#93.569
APPROVED AS TO FORM .AND LEG.ALITY:
� (�.»,.�
Taylox Paris
Assistant City Attorn.ey
ATTEST:
���� ���
Mary J. Kayser
City Secretary
M&C 21-0941
Dated: Decem�ber 15, 2020
CITY OF FORT WORTH .
By: Fernando Costa (signed electronically-see attached contract)
Title: Assistant City manager
Date: January 7, 2021
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFF.AIRS
By: Robert Wilkinson (signed electronically-see attached contract)
'I�tle: Its duly authorized officer or repxesentative
Date: Jan.uary 7, 2021
By signing below, I acknowledge that I am the pexson xesponsible for the monitoring and
administration of this contract, including ensuring all performance and xeporting requirements.
�� �.�a
Sonia Singlet (Jan 20, 202112:22 CST)
Sonia Singleton, Assistant Director
Neighborhood Services
T�XAS D�PARTM�NT OT HOUSTNG AND COMMUNITX AFFAII2S
CONTRACT NUMBER 6x2100D3437 FOR THE
FY 2021 COMMiJDTITX SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
�DDENDUM A
C�RTTFICATION REGARDIIVG LOBBYAVG FOR
CONTRA.CTS, GItANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of its knowledga end belief, that:
1, No Federal appropriated funds have been paid or will be patd, by or on behalf of the undersigned, to any
person for influencing or attempHng to influence an officer or employee of an sgenoy, a Member of
Congress, en officer or employee of Congress, or an employee of a Member of Congress in connection
with the awa�•dIng of any Federel contract, the making of any Federal grant, the making of any Federal
loen, the entering into of any cooperative agreement, and the extension, continuetion, renewal,
emendment, or modification of any Federal conhact, grent, loan, or cooperative agreement.
2. If sny funds other than Federal sppropriated fUnds have been paid or will be paid to any person for
influencing or attempting to influence ea officer or employee . of any sgency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress ln connectton wltt► this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete end submit Staadard Form
-LLL, "Disclosure Form to Report Lobbytng," in accordence with its instructions.
3. The undersigned shall require that the language of this certificetion be included in the award documents
for alt subawards at ell tiers (lncluding subcontracts, subgrants, end contracts under grants, losns, end
cooperative agreements) and that sll subrecipients shall certlfy and disclose sccordingly. This certification
is materisl representation of fact on which reliance was placed when this transacHon wss made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction lmposed
by Seation 1352, Title 31, U,S. Code. Any person who fails to file the required certiCcation shall be
subject to a civil penalty of not less than $I0,000 and not more than $100,000 for eaoh such fsilure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSUItANCE
The undersigned states, to the best of its knowledge and beHef, that:
If any funds have been paid or will be paid to eny parson for influencing or sttempting to influence an ofiicer or
employee of eny agency, a Member of Congress, an of'ficer or employee of Congress, or an employee of s
Member of Congress in connecrion with thls commitment providing for the United Stetes to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL, "Disolosure Form to Tteport Lobbying," in
accordance with its instructions, Submission of this statement is a prerequisite for making or entering into this
transactlon imposed by section 1352, title �31, U.S, Code. Any person who fails to file the required statement shall
be subject to e civil penalty of not less then $10,000 and not more than $100,000 for esch such failure.
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistaut City Manager
Date: January 7, 2021 3:28 pm
Page 15 of 20
TLiCA.S D�PARTNI�NT Ol� HOUSING AND CONINILTNITY AF�+AIItS
CONTRACT NUMBER 61210003437 FOR TFiE
FY 2021 COMMUNLTY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM B
CERTIFICATION R�GARDING DRUG-TREE W ORKPLAC� REQUIREII�NTS
This certificatton is requ�red by the regulalions 1mplementing the Drug-Fi�ee Workplace Act of 1988: 45 CFR
Parl 76, Subpart, F, Seclions 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a Federaf agency may
designate a centraf receipt point for STATE-WIDE AND STATE AGENCY-WIDE cerliJlcattons, and fa•
not�calion of c1•iminal drug convlctions. For ihe Depar�menl of Health and Human Servrces, the cenlral point
is: Dlvlslon of Gt•an�s Management and Overslght, O�ce of Managemenl and rlcgtrlsition, Departmen! of Hea/th
and Human Se�vlces, Room 517-D, 2001ndependence Avenue, SW Washington, DC 20201.
The undarsigned certifies that it wlll or will continue to provide a diug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distributton, dispensing,
possession, or use of a conholled substance is prohibited in the grantee's workplace and specifying the
setions that will be taken against employees for violaHon of such prohibition;
(b) Bstablishing an ongoing d►vg-free awareness program to inform employees about-
(1) The dangers of drug abuse in tho workplsce;
(2) The grantee's polioy of maintaining a drug-free workplace;
(3) Any available drug wunseling, rehabilitatton, end employee assistance programs; and
(4) The penaltias thet may be imposed upon employees for drug abuse vlolations occuiTing in the workplace;
(c) Maktng It a requirement that each employee to be engeged in tha performance of the grent be given a
eopy of the statement required by paragreph (a);
(d) Notifying the employee in the stetement required by paregraph (a) that, as a condition of employment
under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violstion of a criminal drug statute
occuning in the workplaca no later then five oalender days after suoh conviction;
(e) Notifying the sgenay in writing, withln 10 calendar days after recelving notice under paragraph (d)(2)
from en employee or otherwIse recelvIng actual notice of such conviction. Employers of convicted employees
must provide notice, inoluding posi$on title, to every grant officer or other designee on whose grant acflvity
the convIcted employee was working, unless tha Federal agency hes designated a ceniral point for the receipt
of such notices. Notice shall inalude the idenrificatlon number(s) of each affected grant;
(fl Taking one of the following actions, within 30 calendar days of receiving notice under paregraph (d)(2),
with respect to any employee who is so convicted-
(1) Teking appropriate personnel actlon ageinst such en employee, up to
consistent with the requiremants of the Rehabllitation Act of 1973, as amended; or
(2) ltequirIng such employee to participate satisfactorily in a drug abuse
program approved for such purposes by a Federal, State, or local health,
sppropriate sgency;
and including terminadon,
asslstance or rehabilitation
law enforcement, or other
(g) Meking a good faith effort to continue to maintain a drug-free workplace through implementatlon of
peragrephs (a), (b), (c), (d), (e) and (fl.
Place(s) of Parfoimence [site(s) for the performance of work done in connectlon with the specific grant] (include
street address, city, county, state, z[p code):
City of Fort Worth
200 Texas Street Annex, 3rd Floar
Fort Worth, TX 761026312
Page 16 of 20
Workplace identifications must include the actual nddress of bui(dings (or parts of buildings) or other sites
where work under the grent takes place. Categorical descriptions may be used (e.g., ell vehicles of a mass
trenslt euthority or State highway department whtle in operation, State employees in eech local unemployment
office, performers in concert halls oc radlo studios), If SubrecIplent does not identify the workplaces at the
time of application, or upon award, if there is no application, ihe Subrecipient must keep the identity of the
workplace(s) on file in its ofEice and make the information available for Federal inspection. Failure to Identify
all known workpleces constttutes a violation of the Subrecipient's drug-free workplace requirements.
This certification is a material representation of faot upon which reliance is placed whan the Deparhnent swards
the grant, Tf lt is lster determined that Subrecipient knowingly rendered a felse certifioation, or otherwise violates
the requirements of the Drug-Free Workplace Aot, Department, in additton to any other remedies available to the
Federal Govemment, may take action authortzed under the brug-Free Workplace Act.
SUBRECIPIENT:
Ctty of Fort Worth
a polittcal subdivlston of the State of Texas
By: Fernando Costa
Title: Assistant Clty Manager
Date: Janua�y 7, 2021 3:28 pm
Pege 17 of 20
T�XAS D�PARTN�NT Or HOUSING AND COMMU1vITX AFI�AIIZS
CONTRACT MTIvIBBR 61210003437 FOR THE
FY 2021 CONIMUNITX SERVTCES BLOCIC GRANT PROGRAM ("CSBG")
CFDA#93.569
ADD�NDUM C
C�RTIITCATION REGARDTNG ENVIItON11�NTA.L TOBACCO SMOIC�
Tha undersigned certifies to the follow3ng:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994,
requires thet smoking not be permitted in any portion of eny indoor routinely owned or leased or contracted for
by an entity end used routinely or regulerly for provision of health, day care, educaHon, or library services to
children under the age of 18, if the services are funded by Federal programs either d'uectly or through State or
local govemments, by Federal grant, contract, loan, or loan guarantee. The law doas not spply to children's
services provided in private residencos, facilities funded solely by Medicare or Medicaid funds, and porttons
of facilities used for inpstient drug or alcohol treatrnent, Failure to comply with the provisions of the law may
result in the imposition of a civil monetary penalty of up to 51000 per day and/or the imposition of an
administrarive compliance order on the responsible enHty by signing and submitting thls Conhsct the
Subrecipient certifies that it wil( comply with the requirements of the Act.
The applicant/grantee further agrees that lt will requue the lenguage of this certification be included in any
subawards which eontain provisions for the children's services and that all subgrantees shell cei4ify
accordingly.
City of Fort Worth
a political subdivlsfon of the Stnte of Texas
By: Fernando CostA
Title: Assistant City Manager
Date: January 9, 2021 3:28 pm
Page 18 of 20
T�XAS A�PARTM�NT O� HOUSWG AND COMMUNITY ATFA.IRS
CONTRACT NUMBER 61210003437 FOR THE
FY 2021 COMMUNITX SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM D
C�RTIF'ICATION �GARDING D�BARIVI�NT, SUSP�NSION AND OT�R
RESPONSIBILITY MATT�RS
The underslgned certifies, to the best of its knowledge and belief, that it and its principals:
i�)
(b)
Are not presently debarred, suspended, proposed for dabarment, declared ineltglble, or voluntarily
excluded by any Federal department or agenay;
Have not wlthin 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 (Federel, State or local) transaotion or conhact undor a
public transaction; violation of Federel or Stste entitrust statutos or aommission of embeazlement, theft,
forgery, bribery, falsifioation or destruction of records, making false statements, or receiving stolen
property;
(o) Are not presently indicted for or otherwise criminally or civilly oharged by a governmental entity
(Federal, State or looal) with commission of any of the offenses enumarated in section (b) of this
cerHficatton;
(d) Hava not within a three-year period preceding this appllcation/proposal had one or more public
transactions (Federal, State or locsl) terminated for ceuse or default; and
(e) VJlll 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 recant five year period; snd
(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 lisbility and paymant of s monetary fine,
penalty, reimbursement, restitution, or damages of $5,000 or more;
iii. An adrainishative proceeding, as defined below, that resulted in a finding of fault and liability and
your payment of either a monetary fine or ponalty of 55,000 or more or reimbursement, restitution,
or damsge in excess of $100,000; or
iv. Any other criminal, elvil, 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 end condition;
2. It had a different disposirion arrived at by consent or compromise with an acknowledgment of
fault on your parh, and
3, The requirement in this award term and conditlon to disalose information about the proceeding
does not conflict with applicable laws and regulations.
(4) For purposes of section (e) of this certification the following defwitions spply:
i. An "administretive proceeding" means a non judicial process that is adjudicstory in nsture in order
to make a determination of fault or ]iabllity (e.g., Securities and Exohange Commission
Administrative proceedings, Civilian Boerd of Contract Appeals proceedings, and Armed Services
Board of Contract Appeals proceedings). This includes proceedings at the Fedei�sl end State level
but only in conneotion wlth performance of e Federal contract or grant. It does not inolude audits,
site visits, wrrecHve plans, or inspection of deliverables.
ii. A"conviotion", for purposes of this award term and condition, means a judgment or convictton of a
cr[minal offense by any cowt of competent jurisdiotion, whether entered upon a verdict or a plea,
and includes a conviction entered upon a ples of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the stetements in this certification, such
Subrecipient shall attaoh an explanation of why it cannot provide said certifioation to this Contraot,
Page 19 of 20
The undersigned Subreciptent further agrees and certi�es that it wil( include the below clause titled "Certtfication
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Subcontracts/Lower Tier Covered
Transsction," without modification, in, subcontracts and in all solicitations and subcontracts;
"CBItTIFICATIONREGARDINGDEBARMENT, SUSPENSION, INELIGl'BILITYAND YOLUNTARX
EXCLUSION-SUBCONTRACTS/LOWER TIER COYERED TR4NSACTIONS
(1) The p�•ospecllve lower lier pardcipant/subcond�ac�or cer��es, by submisston of this proposal, that neilher
tl nor l�s princfpa(s fs presenlly debarred, suspended, pro,posed fa� debarment, declm•ed ineJigible, or
voluntarily excluded from particlpa�ion In thls transac�ion 6y any Federa( departmenl a• agency.
(2) iYhere the prospeclive lower Her participant/su6conU•actor is unable to cerljfy !o any of ihe statements ln
this cerl�cation, such prospeclive parlicipant shal! aftach an explanation ro �hls proposal.
LOWER TILcR PART1'CXPANT/SUBCONTRACTOR:
[Signatw•e)
Printed Name:
Title:
Dale:
This certification is a material representation of fsct upon whioh reliance is placed when the Deperhnent awards
the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certificetion, in addition to
eny other remedies available to the Federal Govemment, the Depa�tment may terminate this Contrect for cause or
dafault.
SUBRECIPIENT:
City ofFort Worth
a political subdivislon of the State of Texas
By: Fernando Costa
Title: Assistant CIty Manager
Date: January 7, 2021 3:28 pm
Page 20 of 20
city of Fort wortn,
Mayor and
DATE: 12/15/20
Texas
Council Communication
M&C FILE NUMBER: M&C 20-0941
LOG NAME: 19NSCSBG2021
SUBJECT
(ALL) Authorize Acceptance of 2021 Community Services Block Grant Funds, a Federally Funded Program Sponsored by the
United States 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
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of 2021 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,
2021 and ending on December 31, 2021;
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.
DISCUSSION:
The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Communiry 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 the prior year's grant and contract award as a planning figure for the 2021 CSBG program. The total 2020 contract
amount is $1,868,682.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to $2,200,000.00 for
2021. The additional appropriation takes into account the 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 $1,916,094.00 per year and as
much as $2,058,788.00 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, 2021.
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 22 full-time positions with estimated direct
salaries of $1,000,000.00. The addition of indirect costs would result in the reduction of staff and services. The estimated indirect costs that are
being asked to be waived is $187,300.00.
No matching funds are required from the City for the CSBG program.
This program services ALL COUNCIL DISTRICTS and the rest of Tarrant County.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas
Department of Housing and Community Affairs
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services
Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the Ciry. Prior to an
expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Submitted for City Manaqer's Office by: Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sonia Singleton 5774
Gail Duncan 5730