HomeMy WebLinkAboutContract 58725 (2)CSC No. 58725
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61230003783
FY 2023 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2301TXCOSR
Award Year (Year of Award from HHS to TDHCA): 2023
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2023 Community Services Block Grant Program Contract Number 61230003783
("Contract") is made by and between the Texas Department of Housing and Community Affairs,
a public and official agency of the State of Texas, ("Department") and City of Fort Worth, a
nonprofit corporation ("Subrecipient") hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2023, and, unless earlier terminated, shall end
on December 31, 2023 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA
A. The following County/Counties constitute the Subrecipient's "Service Area": TARRANT
B. Subrecipient shall throughout its Service Area implement a Community Service Block
Grant Program ("CSBG") in accordance with the provisions of Chapter 106 of the
Community Services Block Grant Act (42 U.S.C. §9901 et seq.) ("CSBG Act"), as
amended by the Community Services Block Grant Amendments of 1994 (Public Law
103-252) and the Coats Human Services Reauthorization Act of 1998 (Public Law
105-285); Chapters 2105 and 2306 of the Texas Government Code ("State Act"); the
implementing State regulations under Title 10, Part 1, Chapter 1, Chapter 2 and Chapter
6, Subchapters A and B, of the Texas Administrative Code, as amended or supplemented
from time to time ("CSBG State Rules"); and the Department's guidance related to CSBG.
Subrecipient further agrees to comply with the Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements attached hereto as Addendum A,
Certification Regarding Drug -Free Workplace Requirements attached hereto as
Addendum B, Certification Regarding Environmental Tobacco Smoke attached hereto as
Addendum C, Certification Regarding Debarment, Suspension and Other Responsibility
Matter attached hereto as Addendum D, the assurances, certifications, and all other
statements made by Subrecipient in its application for funding under this Contract; and
with all other terms, provisions, and requirements herein set forth. The Certifications
attached hereto as Addendums A, B, C, and D are incorporated herein for all relevant
purposes.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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C. Subrecipient shall operate on an equitable basis throughout Subrecipient's Service Area
and shall utilize funds for the reduction of poverty, the revitalization of communities, and
the empowerment of low-income families and individuals to become fully self-sufficient in
accordance with the Organizational Standards adopted by the Department and as further
reflected in 10 TAC §6.206. Subrecipient shall provide services and activities of the type
specified in 42 U.S.C. §§9901, 9907 (excluding subsection (c)), and 9908.
D. Subrecipient agrees to perform all activities in accordance with the Community Action
Plan, in accordance with Section 34 of this Contract, the terms of the performance
statement and budget submitted with the community action plan approved by the
Department (as may be amended in writing).
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department
shall reimburse the actual allowable costs incurred by Subrecipient during the Contract
Term in an amount up to $486,419.00 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.
B. Any decision to obligate additional funds shall be made in writing by Department in its sole
but reasonable discretion based upon the status of funding under grants to Department
and Subrecipient's overall compliance with the terms of this Contract.
C. This Contract shall not be construed as creating a debt on behalf of Department in
violation of Article III, Section 49a of the Texas Constitution. Department's obligations
under this Contract are contingent upon the actual receipt and availability by the
Department of adequate 2023 CSBG funds from the U.S. Department of Health and
Human Services ("HHS") and the State of Texas. If sufficient funds are not available to
make payments under this Contract, Department shall notify Subrecipient in writing within
a reasonable time after such fact is determined. Department shall then terminate this
Contract, and will not be liable for the failure to make any payment to Subrecipient under
this Contract. Department acknowledges that it has received obligations from those
sources which, if paid, will be sufficient to pay the allowable costs incurred by Subrecipient
under this Contract.
D. Department shall not be liable to Subrecipient for certain costs, including but not limited to
costs which:
1. have been reimbursed to Subrecipient or are subject to reimbursement to Subrecipient
by any source other than Department;
2. are not allowable costs, as set forth in the CSBG Act;
3. are not strictly in accordance with the terms of this Contract, including the addendums
and exhibits;
4. have not been reported to Department within forty-five (45) calendar days following
termination of this Contract;
5. are incurred after the Subrecipient is no longer an Eligible Entity or following termination
of this Contract as defined in Subsection A of Section 7 of this Contract; or
6. are not incurred during the Contract Term.
E. Department shall not release any funds under this Contract until Department has
determined in writing that Subrecipient's fiscal control and fund accounting procedures are
adequate to assure the proper disbursal of and accounting for such funds.
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F. Notwithstanding any other provision of this Contract to the contrary, Department shall only
be liable to Subrecipient for allowable costs actually incurred or performances rendered for
activities specified in the CSBG Act.
SECTION 5. PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30)
days. Subrecipient's request for cash advance shall be limited to the minimum amount
needed and be timed to be in accordance with the actual, immediate cash requirements of
the Subrecipient or an advance of Five Thousand and No/100 Dollars ($5,000.00),
whichever is greater. In carrying out the purpose of this Contract. Subrecipient must
request an advance payment by submitting a properly completed monthly expenditure
report to Department through the electronic reporting system no later than the fifteenth
(15th) day of the month prior to the month for which advance payment is sought, together
with such supporting documentation as the Department may reasonably request.
B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize
the time between the disbursement of funds from Department to Subrecipient and the
expenditure of such funds by Subrecipient.
C. DEPARTMENT OBLIGATIONS. Section 5(A) of this Contract notwithstanding,
Department reserves the right to utilize a modified cost reimbursement method of
payment, whereby reimbursement of costs incurred by a Subrecipient is made only after
the Department has reviewed and approved backup documentation provided by the
Subrecipient to support such costs for all funds, if at any time (1) Subrecipient maintains
cash balances in excess of need or requests advance payments in excess of thirty (30)
days need, (2) Department identifies any deficiency in the cash controls or financial
management system used by Subrecipient, (3) Subrecipient owes the Department funds,
or (4) Subrecipient violates any of the terms of this Contract.
D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for
the payment of allowable expenditures to be used for the exclusive benefit of the
low-income population of Subrecipient's Service Area incurred during the Contract Term.
Subrecipient may incur costs for activities associated with the closeout of the CSBG
contract for a period not to exceed forty-five (45) calendar days from the end of the
Contract Term.
E. REFUND. Subrecipient shall refund to Department any sum of money which has been
paid to Subrecipient by Department, which Department determines has resulted in an
overpayment. Subrecipient shall make such refund within fifteen (15) calendar days after
the Department's request.
F. REPAYMENT. Subrecipient shall repay funds that the Department determines has not
been spent strictly in accordance with the terms of this Contract and by which the period
of obligation has expired. Subrecipient shall make such repayment within fifteen (15)
calendar days after the Department's request.
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SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Except as expressly
modified by law or the terms of this Contract, Subrecipient shall comply with the cost
principles and uniform administrative requirements set forth in the state Texas Grant
Management Standards under Chapter 783 of the Texas Government Code ("TXGMS") in
effect on the effective date of this Contract , except as preempted by Cost Principles of
Subpart E of 2 CFR Part 200 which apply to Subrecipient of Community Services Block
Grant funds pursuant to 42 U.S.C. §9916(a)(1)(B). All references in TXGMS to "local
government" shall be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act
and Subpart F of 2 CFR Part 200. The expenditure threshold requiring an audit is Seven
Hundred Fifty Thousand and No/100 Dollars ($750,000.00) of Federal funds.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds
received and performances rendered under this Contract. Subrecipient agrees to permit
Department or its authorized representative to audit Subrecipient's records and to obtain
any documents, materials, or information necessary to facilitate such audit.
E. CERTIFICATION FORM. For any fiscal year ending within or one (1) year after the
Contract Term, Subrecipient must submit an "Audit Certification Form" (available from the
Department) within sixty (60) days after 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 Clearinghouse ("FAC") the earlier of thirty (30) calendar
days after receipt of the auditor's report or nine (9) months after the end of its respective
fiscal year. As noted in 10 TAC §1.403(f), Subrecipient is required to submit a notification
to Department within five (5) business days of submission to the FAC. Along with the
notice, indicate if the auditor issued a management letter. If there is a management letter,
a copy of the letter must be sent to the Department. Both the notice and the copy of the
management letter, if applicable, must be submitted to SAandACF@tdhca.state.tx.us.
F. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the Texas
Government Code, the state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under any contract or indirectly through a
subcontract under the Contract. The acceptance of funds by the Subrecipient or any other
entity or person directly under the Contract or indirectly through a subcontract under the
Contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those
funds. Under the direction of the legislative audit committee, the Subrecipient or other
entity that is the subject of an audit or investigation by the state auditor must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit. Subrecipient shall ensure that this paragraph concerning the
authority to audit funds received indirectly by subcontractors through the contract and the
requirement to cooperate is included in any subcontract it awards.
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G. SUBAWARD.
The Subrecipient shall include language in any subaward that
provides the
Department
the ability to directly review, monitor, and/or audit the operational
and financial
performance
and/or records of work performed under
this Contract.
Subrecipient
represents and warrants that it will monitor the activities of
the subawardee
as necessary
to ensure
that the subaward or subcontract is used
for authorized
purposes, in
compliance
with applicable statutes, regulations, and the
terms and conditions
of the
subaward, and that subaward performance goals are achieved.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. Pursuant to 10 TAC §§2.202 and 2.203 and subject to the CSBG
Act/IM-116, Department may seek to terminate this Contract, in whole or in part, at any
time Department determines that there is cause for termination. Cause for termination
includes, but is not limited to, Subrecipient's failure to comply with any term of this
Contract or reasonable belief that Subrecipient cannot or will not comply with the
requirements of this Contract. Termination of this Contract becomes final the earliest of
the following: (1) thirty (30) days following the Department's Board action terminating or
reducing funding, or if review by the Secretary of HHS is initiated under 42 USC §9915(b),
within thirty (30) days of the Department's Board action, (2) ninety (90) days after the
Secretary of HHS receives from the state all necessary documentation relating to the
determination to terminate this Contract, or (3) the earlier date of a decision by the
Secretary of HHS sustaining the termination decision.
B. SUSPENSION. As per 10 TAC §§2.202 and
2.203 and
subject to
the CSBG Act/IM-116,
Department may suspend this Contract, in
whole or
in part, at
any time Department
determines that there is cause for suspension.
Nothing in this Section 7 shall be construed
to limit Department's authority to withhold payment and
immediately
suspend this Contract
if Department identifies possible instances of
fraud, abuse, waste,
fiscal mismanagement,
or other deficiencies in Subrecipient's performance
including
but not limited to,
Subrecipient's failure to correct any monitoring
findings on this or any state contract or on
a single audit review.
C. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination or during suspension of this Contract, or for any costs that are disallowed.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right
of termination or suspension, Subrecipient shall not be relieved of any liability to
Department for damages by virtue of any breach of this Contract by Subrecipient.
Department may withhold any payment due to Subrecipient until such time as the exact
amount of damages due to Department is agreed upon or is otherwise determined in
writing between the Parties.
E. STATEWIDE OR REGIONAL PROVIDER. Department may award terminated funds
from this Contract to a Statewide or Regional Provider in accordance with 10 TAC §1.411.
Subrecipient agrees to provide information as requested by the Department to serve
clients in the Service Area.
SECTION 8. PROHIBITED USE OF FUNDS
A. PURCHASE OF LAND. Subrecipient may not use funds under this Contract for the
purchase or improvement of land or the purchase, construction, or permanent
improvement of any building or other facility as outlined in 42 U.S.C. §9918(a) and 10 TAC
§6.205(a).
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B. REGULATORY PROHIBITIONS. Subrecipient may not use funds under this Contract for
activities prohibited by 42 U.S.C. §9918(b) and 10 TAC §6.205(b).
C. REFUNDS. Utility and rent deposit refunds from vendors must be reimbursed to the
Subrecipient and not the customer in accordance with 10 TAC §6.205(c).
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall maintain fiscal and programmatic records and supporting
documentation for all expenditures made under this Contract in accordance with the
TXGMS and Subrecipient agrees to comply with any changes to the TXGMS
recordkeeping requirements. For purposes of compliance, all associated documentation
must be readily available, whether stored electronically or hard copy to justify compliance
with program rules and regulations.
B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled,
or maintained by Subrecipient pertaining to this Contract, except records confidential by
law, are subject to the Texas Public Information Act, Chapter 552 of Texas Government
Code and must provide citizens, public agencies, and other interested parties with
reasonable access to all records pertaining to this Contract subject to and in accordance
with the Texas Public Information Act. Subrecipient understands that the Department will
comply with the Texas Public Information Act (Chapter 552 of the Texas Government
Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of
Texas. Information, documentation, and other material in connection with this Contract
may be subject to public disclosure pursuant to Chapter 552 of the Texas Government
Code (the "Texas Public Information Act"). In accordance with Section 2252.907 of the
Texas Government Code, Subrecipient is required to make any information created or
exchanged with the State pursuant to the Contract, and not otherwise accepted from
disclosure under the Texas Public Information Act, available in a format that is accessible
by the public at no additional charge to the State.
C. ACCESS TO RECORDS. Subrecipient shall give the HHS, the U.S. General Accounting
Office, the Texas Comptroller, the State Auditor's Office, the Office of Inspector General,
and Department, or any of their duly authorized representatives, access to and the right to
examine and copy, on or off the premises of Subrecipient, all records pertaining to this
Contract. Such right to access shall continue as long as the records are retained by
Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant
to this Subsection C.
D. RECORD RETENTION. Subrecipient represents and warrants its compliance with the
records retention requirements of 2 CFR §200.333. The Department reserves the right to
direct a Subrecipient to retain documents for a longer period of time or transfer certain
records to the Department custody when it is determined the records possess longer term
retention value. Subrecipient must include the substance of this clause in all subawards
and subcontracts. Sub recipient agrees to maintain such records in an accessible
location for the greater of: (i) the time period described in TXGMS; (ii) the date that the
final audit is accepted with all audit issues resolved to the Department's satisfaction if the
Department notifies the Subrecipient in writing; (iii) if any litigation claim, negotiations,
inspection, or other action has started before the expiration of the required retention period
records must be retained until completion of the action and resolution of all issues which
arise under it; or (iv) a date consistent with any other period required by the performed
activity reflected in federal or state law or regulation. Upon termination of this Contract, all
records are property of the Department.
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E. SUBAWARDS and SUBCONTRACTS. Subrecipient shall include the substance of this
Section 9 in all subawards and subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. GENERAL. Subrecipient shall submit to Department such reports on the performance of
this Contract as may be required by Department including, but not limited to, the reports
specified in this Section 10.
B. EXPENDITURE REPORTS. By the fifteenth (15th) of each month, Subrecipient shall
electronically submit an Expenditure and Performance Report to the Department of all
expenditures of funds and clients served under this Contract during the previous month.
regardless of whether Subrecipient makes a fund request. Subrecipient must file a
monthly Performance and Expenditure report in a timely manner, prior to accessing funds.
The failure of Subrecipient to provide a full accounting of all funds expended under this
Contract shall result in the automatic suspension of the ability of Subrecipient to request
reimbursements and shall be identified as a finding in any monitoring review in accordance
with the State CSBG Rules.
C. FINAL REPORTS. Subrecipient shall submit a final Performance Report and a final
Expenditure Report to the Department after the end of the Contract Term. Subrecipient
must file a final Performance and Expenditure report within forty-five (45) calendar days
after the end of the Contract and prior to accessing funds in the subsequent fiscal year.
D. HOUSEHOLD DATA. By the fifteenth (15th) of each month, Subrecipient shall
electronically upload data on Households served in the previous month into the CA
Performance Measures Module located in the Community Affairs Contact System.
E. INVENTORY. Subrecipient shall submit to Department no later than forty five (45)
calendar days after the end of the Contract Term an inventory of all vehicles, tools, and
equipment with a unit acquisition cost of Five Thousand and No/100 Dollars ($5,000.00)
or more and/or a useful life of more than one (1) year, if purchased in whole or in part with
funds received under this or previous CSBG Contracts. The inventory shall reflect the
tools and equipment on hand as of the last day of the Contract Term. Upon the termination
of this Contract, Department may transfer title to any equipment to the Department or to
any other entity receiving CSBG funds from the Department.
F. DEFAULT. If Subrecipient fails to submit within forty-five (45) calendar days of its due
date, any report or response required by this Contract, including responses to monitoring
reports, Department may, in its sole discretion, suspend payments, place Subrecipient on
cost reimbursement method of payment, and initiate proceedings to terminate the
Contract in accordance with Section 7 of this Contract.
G. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall register in the System of
Award Management ("SAM") a Unique Entity Identifier Number ("UEI") on all contracts and
agreements. The UEI number must be submitted from a document retrieved from the
https://www.sam.gov website. These documents must be provided to the Department
prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current
Unique Entity Identifier Number for the entire Contract Term.
H. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall
provide copies of its most recent business continuity and disaster recovery plans.
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REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit
timely, complete, and accurate reports in accordance with the Contract and maintain
appropriate backup documentation to support the reports.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition, or deletion
to the terms of this Contract required by a change in state or federal law or regulation is
automatically incorporated herein and is effective on the date designated by such law or
regulations without the requirement of a written amendment hereto. Said changes,
additions, or deletions referenced under this Section 11 of this Contract may be further
evidenced in a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes,
additions, or deletions to the terms of this Contract not required by a change in state or
federal law or regulation shall be in writing and executed by both Parties to this Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or
electronic transmission, the signing party intends the copy of its authorized signature
printed by the receiving machine or the electronic transmission, to be its original signature.
D. REQUEST. The Department must receive any Contract amendment requests in writing,
and such requests must adhere to 10 TAC §6.3(e)(1).
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in
whole or in part with funds provided under this Contract in accordance with the TXGMS, 2 CFR
§200.80, and 10 TAC §6.205(c).
SECTION 13. TECHNICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms
of this Contract. Department or its designee may conduct periodic on -site monitoring and
evaluation of the efficiency, economy, and efficacy of Subrecipient's performance of this
Contract. Department will advise Subrecipient in writing of any deficiencies noted during such
monitoring. Department will provide technical assistance to Subrecipient and will require or
suggest changes in Subrecipient's program implementation or in Subrecipient's accounting,
personnel, procurement, and management procedures in order to correct any deficiencies
noted. Department may conduct follow-up visits to review and assess the efforts Subrecipient
has made to correct previously noted deficiencies. Department may place Subrecipient on a
cost reimbursement method of payment, suspend or terminate this Contract, or invoke other
remedies in the event monitoring or other reliable sources reveal material deficiencies in
Subrecipient's performance or if Subrecipient fails to correct any deficiency within the time
allowed by federal or state law or regulation or by the terms of this Contract. Department may
issue such corrective actions in accordance with 10 TAC §2.203.
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SECTION 14. INDEPENDENT CONTRACTOR
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless
and, to the extent allowed by law, indemnify it against any disallowed costs or other claims
which may be asserted by any third party in connection with Subrecipient's performance of this
Contract.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 2 CFR Part 200, TXGMS, and 10 TAC §1.404, this
Contract, and all applicable federal, state, and local laws, regulations, and ordinances for
making procurement transactions and purchases under this Contract.
B. Subrecipient may not use funds provided under this Contract to purchase equipment (as
defined by TXGMS) with a unit acquisition cost (the net invoice unit price of an item of
equipment) of more than Five Thousand and No/100 Dollars ($5,000.00) or on any vehicle
purchase unless Subrecipient has received the prior written approval from the Department
for such purchase.
C. When the Subrecipient no longer needs equipment purchased with CSBG grant funds,
regardless of purchase price, or upon the termination of this Contract, Department may
take possession and transfer title to any such property or equipment to the Department or
to a third party or may seek reimbursement from Subrecipient of the current unit price of
the item of equipment, in Department's sole determination. Subrecipient must request
permission from the Department to transfer title or dispose of equipment purchased with
CSBG grant funds.
SECTION 16. SUBCONTRACTS
A. Subrecipient may not subgrant funds under this Contract or subcontract the primary
performance of this Contract, including but not limited to expenditure and performance
reporting and drawing fund through the Community Affairs Contract System, and only may
enter into subcontractual agreements for consulting and other professional services, if
Subrecipient has received Department's prior written approval. Subrecipient may
subcontract for the delivery of client assistance without obtaining Department's prior
approval. Any subcontract for the delivery of client assistance will be subject to monitoring
by the Department.
B. In no event shall any provision of this Section 16, specifically the requirement that
Subrecipient obtain Department's prior written approval of a subcontractor, be construed
as relieving Subrecipient of the responsibility for ensuring that the performances rendered
under all subcontracts are rendered so as to comply with all of the terms of this Contract,
as if such performances rendered were rendered by Subrecipient. Department's approval
under this Section 16 does not constitute adoption, ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. Department maintains the right
to monitor and require Subrecipient's full compliance with the terms of this Contract.
Department's approval under this Section 16 does not waive any right of action which may
exist or which may subsequently accrue to Department under this Contract.
C. Subrecipient represents and warrants that it will maintain oversight to ensure that
subcontractors perform in accordance with the terms, conditions, and specifications of
their contracts or purchase orders.
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SECTION 17. TRAVEL
Subrecipient shall adhere
to 2 CFR
§200.474 and either its board -approved
travel policy (not to
exceed the amounts established
in
subchapter I of Chapter 57 of Title 5,
United States Code
"Travel and Subsistence
Expenses;
Mileage Allowances), or the State of
Texas travel policies
under 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.
SECTION 18. FIDELITY BOND
Intentionally deleted.
SECTION 19. LITIGATION AND CLAIMS
Subrecipient shall
immediately provide Department with written
notice of any
claim r action
filed with a court
or administrative agency against Subrecipient
arising out of
the performance
of this Contract
or any subcontract hereunder. Subrecipient
shall provide
Department with
copies of any and all relevant papers Subrecipient receives
with respect to
such action or
claim.
SECTION 20. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient represents that it possesses legal authority to apply for
the Contract. A resolution, motion or similar action has been duly adopted or passed as
an official act of the Subrecipient's governing body, authorizing the filing of the Contract,
including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative, or the designee of
Subrecipient to act in connection with the Contract and to provide such additional
information as may be required. Subrecipient assures and guarantees that it possesses
the legal authority to enter into this Contract, to receive and manage the funds authorized
by this Contract, and to perform the services Subrecipient has obligated itself to perform
hereunder. The execution, delivery, and performance of this Contract will not violate
Subrecipient's constitutive documents or any requirement to which Subrecipient is subject
and represents the legal, valid, and binding agreement of Subrecipient, enforceable in
accordance with its terms.
B. NONPROFIT ORGANIZATION. Subrecipient is a nonprofit charitable organization
organized and operated exclusively for exempt purposes set forth in Section 501(c)(3) of
the Internal Revenue Code. Subrecipient is and will continue to remain duly organized,
validly existing and in good standing under the laws governing its creation and existence,
and will continue to be duly authorized and qualified to transact any and all applicable
business contemplated hereunder in the State of Texas, and possesses and will continue
to possess all requisite authority, power, licenses, permits and franchises to conduct its
business and to execute, deliver and comply with its obligations under the terms of this
Contract, the execution, delivery and performance of which have been or will be duly
authorized by all necessary action.
C. SUBRECIPIENT ELIGIBILITY. Subrecipient warrants that it is an eligible entity, including
the requirement for a tripartite board, as defined by 42 U.S.0 §9902 and 42 U.S.C. §9910
respectively.
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D. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient
hereby warrants that he/she has been duly authorized by Subrecipient's governing board
to execute this Contract on behalf of Subrecipient and to validly and legally bind
Subrecipient to the terms, provisions and performances herein.
E. TERMINATION: LIABILITY. Department shall have the right to terminate this Contract if
there is a dispute as to the legal authority of either Subrecipient or the person signing this
Contract on behalf of Subrecipient to enter into this Contract or to render performances
hereunder. Subrecipient is liable to Department for any money it has received from
Department for performance of the provisions of this Contract, if the Department has
terminated this Contract for reasons enumerated in this Section 20.
F. MERGER: DEFAULT. Subrecipient understands that it is an event of default under this
Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or
fails to maintain good standing in the State of Texas, and such is not cured prior to
causing material harm to Subrecipient's ability to perform under the terms of this Contract.
SECTION 21. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the CSBG Act, the
federal rules and regulations promulgated under the CSBG Act, the State Act, the State
CSBG Rules, and the certifications attached hereto. Subrecipient represents and
warrants that it will comply, and assure the compliance of all its contractors, with all
applicable federal and state laws, rules, regulations, and policies in effect or hereafter
established. In addition, Subrecipient represents and warrants that it will comply with all
requirements imposed by the awarding agency concerning special requirements of law,
program requirements, and other administrative requirements. In instances where multiple
requirements apply to Subrecipient, the more restrictive requirement applies. Subrecipient
shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit
any illegal activity in the performance of or associated with the performance of this
Contract. No funds under this Contract shall be used for any illegal activity or activity that
violates any federal, state or local laws.
B. DRUG -FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this
Contract and the "Certification Regarding Drug -Free Workplace Requirements" attached
hereto as Addendum B that it is implementing the Drug -Free Workplace Act of 1988 (41
U.S.C. §701, et seq) and HUD's implementing regulations including, without limitation, 2
CFR Parts 182 and 2429.
C. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program
applications, forms, and educational materials in English, Spanish, and any appropriate
language, based on the needs of the Service Area and in compliance with the
requirements in Executive Order 13166 of August 11, 2000 of August 11, 2000. To ensure
compliance, the Subrecipient must take reasonable steps to insure that persons with LEP
have meaningful access to the program. Meaningful access may entail providing
language assistance services, including oral and written translation, where necessary.
Page 11 of 28
D. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives
documentation for disability, medical records or any other medical information in the
course of administering the CSBG program, Subrecipient shall comply with the Protected
Health Information state and federal laws and regulations, as applicable, under 10 TAC
§1.24, Chapter 181 of the Texas Health and Safety Code, the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") (Pub.L. 104-191, 110 Stat. 1936, enacted August
21, 1996) the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and E of 45 CFR
Part 164).
E. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
General. Subrecipient shall comply with the information security and privacy
requirements under 10 TAC §1.24 to ensure the security and privacy of Protected
Information (as said term is defined under 10 TAC §1.24).
2. Information Securitv and Privacv Agreement ("ISPA"). Prior to beginning any work
under this Contract, Subrecipient shall either (i) have an effective, fully executed ISPA,
as required by 10 TAC §1.24, on file with the Department, or (ii) will execute and submit
to the Department an ISPA in accordance with instructions found on the Department's
website at the "Information Security and Privacy Agreement" link.
F. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with
Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C.
§7104 et seq.). If Subrecipient or its contractor or subcontractor engages in, or uses labor
recruiters, brokers or other agents who engage in any of the prohibited activities under
Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may
terminate this Contract and Subrecipient hereby agrees and acknowledges that upon
termination, Subrecipient 's rights to any funds shall be terminated.
G. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT
General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited
from using funds under this Contract for equipment, services, or systems that use the
following covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system in
accordance with Section 889 of Public Law 115-232 (National Defense Authorization
Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
c) Telecommunications or video surveillance services provided by such entities or
using such equipment.
d) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
Page 12 of 28
2. Subcontracts. Subrecipient must incorporate this prohibition in any contract and require
its contractors to incorporate this requirement into any.
H. CYBERSECURITY TRAINING PROGRAM.
Subrecipient represents and warrants its compliance with Section 2054.5191 or
2054.5192 of the Texas Government Code relating to the cybersecurity training program
for local government employees who have access to a local government computer
system or database.
2. If Subrecipient has access to any state computer system or database, Subrecipient
shall complete cybersecurity training and verify completion of the training program to the
Department pursuant to and in accordance with Section 2054.5192 of the Government
Code.
DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW. Subrecipient represents
and warrants its compliance with 2 CFR §200.113 which requires the disclosure in writing
of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of
certain civil, criminal, or administrative proceedings to SAM.
J. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS,
CHARIABLE TRUSTS, AND PRIVATE FOUNDATIONS. Subrecipient represents and
warrants that it will comply with Section 2252.906 of the Texas Government Code relating
to disclosure protections for certain charitable organizations, charitable trusts, and private
foundations.
K. EXECUTIVE HEAD OF STATE AGENCY AFFIRMATION. In accordance with Section
669.003 of the Texas Government Code, relating to contracting with the executive head of
a state agency, Subrecipient certifies that it is not (1) the executive head of the
Department , (2) a person who at any time during the four years before the date of the
Contract was the executive head of the Department, or (3) a person who employs a
current or former executive head of the Department.
L. PROCUREMENT OF RECOVERED MATERIALS. Subrecipient represents and warrants
that it will comply with the requirements of Section 6002 of the Solid Waste Disposal Act
(Chapter 361 of the Texas Health & Safety Code, formerly Tex. Rev. Civ. Stat. Ann. Art.
4477-7), as amended by the Resource Conservation and Recovery Act.
M. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. Subrecipient
represents and warrants that it will comply with all applicable standards, orders, or
reaulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671a) and the Federal
Water Pollution Control Act as amended (33 U.S.C.1251-1387).
SECTION 22. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported
to the State Auditor's Office.
Page 13 of 28
B. Subrecipient shall establish, maintain,
detect, and correct waste, fraud, and a
systems and procedures shall address
its employees, clients, vendors,
Subrecipient's internal controls systems
are to be clearly documented, and
monitoring by Department.
and utilize systems and procedures to prevent,
)use in activities funded under this Contract. The
possible waste, fraud, and abuse by Subrecipient,
subcontractors and administering agencies.
and all transactions and other significant events
he documentation is to be readily available for
C. Subrecipient shall give Department complete access to all of its records, employees, and
agents for the purpose of monitoring or investigating the CSBG rogram. Subrecipient
shall immediately notify Department of any discovery of waste, fraud, or abuse.
Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and
prevent waste, fraud, and abuse.
D. Subrecipient shall not discriminate against any employee or other person who reports a
violation of the terms of this Contract, or of any law or regulation, to Department or to any
appropriate law enforcement authority, if the report is made in good faith.
SECTION 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas G vernment Code, by execution of this Contract,
Subrecipient hereby certifies that Subrecipient, or a branch, division, or department of
Subrecipient does not and will not knowingly employ an undocumented worker, where
"undocumented worker" means an individual who, at the time of employment, is not lawfully
admitted for permanent residence to the United States or authorized under law to be employed
in that manner in the United States. If, after receiving a public subsidy, Subrecipient or a
branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C.
§1324a(f), Subrecipient shall repay the public subsidy with interest, at the rate of five percent
(5%) per annum, not later than the 120th day after the date the Department notifies
Subrecipient of the violation.
SECTION 24. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. Failure to maintain
written standards of conduct and to follow and enforce the written standards is a condition
of default under this Contract. In addition, the written standards must meet the
requirements in 2 CFR §200.318.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of
interest would be involved. Such a conflict would arise when the employee, officer, or
agent, any member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the Parties indicated herein, has a financial or
other interest in the firm selected for an award. This also applies to the procurement of
goods and services under 24 CFR §§200.317 and 200.318.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties to
subagreements. Subrecipients may set standards for situations in which the financial
interest is not substantial or the gift is an unsolicited item of nominal value. The standards
of conduct shall provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the Subrecipient.
D. Subrecipients shall follow the requirements of Chapter 171 of the Local Government Code
regarding conflicts of interest of officers of municipalities, counties, and certain other local
governments.
Page 14 of 28
E. Failure to maintain written standards of conduct and to follow and enforce the written
standards is a condition of default under this Contract and may result in termination of the
Contract or deobligation of funds.
F. Subrecipient represents and warrants that performance under the Contract will not
constitute an actual or potential conflict of interest or reasonably create an appearance of
impropriety. Further, Subrecipient represents and warrants that in the administration of the
grant, it will comply with all conflict of interest prohibitions and disclosure requirements
required by applicable law, rules, and policies, including Chapter 176 of the Texas Local
Government Code. If circumstances change during the course of the Contract,
Subrecipient shall promptly notify Department.
SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome
of any election, or the passage or defeat of any legislative measure. This prohibition shall
not be construed to prevent any state official or employee from furnishing to any member
of its governing body upon request, or to any other local or state official or employee or to
any citizen, information in the hands of the employee or official not considered under law to
be confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees
or in any other way fund or support candidates for the legislative, executive, or judicial
branches of government, the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award governed by the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352) as the
Subrecipient and each of its tiers have certified by their execution of the "Certification
Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements" attached
hereto as Addendum A and incorporated herein for all relevant purposes.
D. Subrecipient represents and warrants that Department's payments to Subrecipient and
Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited
by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
SECTION 26. NON-DISCRIMINATION, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105 of Texas Government
Code, Subrecipient represents, and warrants that it will not use block grant funds in a
manner that discriminates on the basis of race, color, nation origin, sex or religion.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment
Opportunity Program in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965, as amended, and its implementing regulations at 41
CFR Part 60.
C. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the
Rehabilitation Act of 1973 (5 U.S.C. §794) Titles II and III of the Americans with Disabilities
Act (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U.
S. Department of Justice at 28 CFR Parts 35 and 36. Subrecipient shall operate each
program or activity receiving financial assistance so that the program or activity, when
viewed in its entirety, is readily accessible and usable by individuals with disabilities.
Subrecipient is also required to provide reasonable accommodations for persons with
disabilities.
Page 15 of 28
D. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of
1975 (42 U.S.C. §§ 6101-6107).
E. SUBCONTRACTS. Subrecipient will include the substance of this Section 26 in all
subcontracts.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or
resources from any other source or in any way serve to reduce the funds or resources which
would have been available to or provided through Subrecipient had this Contract never been
executed.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract, Subrecipient certifies that its
principal employees, board members, agents, or contractors agents are not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any federal department or agency as provided on the State of Texas Debarred Vendor
List maintained by the Texas Comptroller of Public Accounts and the System for Award
Management (SAM) maintained by the General Services Administration and in the
Certification Regarding Debarment, Suspension and Other Responsibility Matters
attached hereto as Addendum D and incorporated herein for all relevant purposes. The
terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", "proposal",
and "voluntarily excluded", as used in the certification attached as Addendum D, have the
meaning set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. Subrecipient also certifies that it will not knowingly award any funds
provided by this Contract to any person who is proposed for debarment under 48 CFR
Part 9, Subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible
for participation in federal assistance programs under Executive Order 12549.
Subrecipient agrees that prior to entering into any agreement with a potential
subcontractor that the verification process to comply with this requirement will be
accomplished by checking the System for Award Management ("SAM") at www.sam.aov
and including a copy of the results in its project files. After said verification, Subrecipient
may decide the frequency by which it determines the eligibility of its subcontractor during
the term of subcontractor's agreement. Subrecipient may subsequently rely upon a
certification of a subcontractor that is not proposed for debarment under 48 CFR Part 9,
Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless Subrecipient knows that the certification is erroneous. Failure of
Subrecipient to furnish the certification attached hereto as Addendum D or an explanation
of why it cannot provide said certification shall disqualify Subrecipient from participation
under this Contract. The certification or explanation will be considered in connection with
the Department's determination whether to continue with this Contract. Subrecipient shall
provide immediate written notice to Department if at any time Subrecipient learns that the
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances. Subrecipient further agrees by executing this Contract that it will
include the certification provision titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusive -Subcontracts," as set out in Addendum D, without
modification, and this language under this Section 28, in all its subcontracts.
Page 16 of 28
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not
listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking
Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or
Support Terrorism,". Published by the United States Department of Treasury, Office of
Foreign Assets Control.
SECTION 29. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious
activities such as worship, religious instruction or prose lytization, and must be for the benefit of
persons regardless of religious affiliation. Subrecipient shall comply with the regulations
promulgated by the U. S. Department of Health and Human Services ("HHS") at 45 CFR Part
87.
SECTION 30. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with
funds expended under this Contract. If copyrighted materials are developed in the under this
Contract, the Department and HHS shall each have a royalty -free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the
copyrighted work for government purposes.
SECTION 31. NO WAIVER
A. RIGHT OR REMEDY. The Parties expressly agree that no provision of the Contract is in
any way intended to constitute a waiver by the Department or the State of Texas of any
immunities from suit or rom liability that the Department or the State of Texas may have by
operation of law. Any right or remedy given to Department by this Contract shall not
preclude the existence of any other right or remedy, nor shall any action taken in the
exercise of any right or remedy be deemed a waiver of any other right or remedy. The
failure of Department to exercise any right or remedy on any occasion shall not constitute
a waiver of Department's right to exercise that or any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is
in any way intended to constitute a waiver by the Department or the State of Texas of any
immunities from suit or from liability that the Department or the State of Texas may have
by operation of law.
SECTION 32. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or an
administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding.
SECTION 33. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this Contract relating to the subject
matter of this Contract have been reduced to writing and are contained in this Contract.
Page 17 of 28
B. The attachments enumerated and denominated below are a part of this Contract and
constitute promised performances under this Contract:
1. Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
2. Addendum B - Certification Regarding Drug -Free Workplace Requirements
3. Addendum C - Certification Regarding Environmental Tobacco Smoke
4. Addendum D - Certification Regarding Debarment, Suspension and Other
Responsibility Matters
SECTION 34. COMMUNITY ACTION PLAN
A. As a condition of receipt of continued funding under the Act and as further described in 10
TAC §6.206, Subrecipient shall submit annually by September 1 to the Department a
community action plan including National Performance Indicators ("NPI") for the following
year's funding that includes:
1. a description of the service delivery system targeted to low-income individuals and
families in the Service Area, including homeless individuals and families, migrants, and
the elderly poor;
2. a description of how linkages will be developed to fill identified gaps in services through
information, referral, case management, and follow-up consultations;
3. a description of how funding under this Act will be coordinated with other public and
private resources; and,
4. a description of outcome measures to be used to monitor success in promoting
self-sufficiency, family stability, and community revitalization.
B. Subrecipient must attain previously identified 2022 NPI targets within 20 percent variance
by the end of the Contract Term. Subrecipient must request in writing any adjustment
needed to a NPI target to the Department for review and approval no later than July 31,
2023.
C. To retain eligible entity status, Subrecipient will submit every three (3) years a community
needs assessment according to Department instructions.
D. To retain eligible entity status, Subrecipient will submit every five (5) years a strategic plan
according to Department instructions.
SECTION 35. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any
Subrecipient's employees who use alcoholic beverages while on active duty, for travel
expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages.
SECTION 36. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or
failure to perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary
elements of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of
terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) quarantines,
disease pandemics, embargoes and other similar unusual actions of federal, provincial,
local or foreign Governmental Authorities; and
Page 18 of 28
B. The non -performing party is without fault in causing or failing to prevent the occurrence of
such event, and such occurrence could not have been circumvented by reasonable
precautions and could not have been prevented or circumvented through the use of
commercially reasonable alternative sources, workaround plans or other means.
SECTION 37. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is
available to the parties to resolve any dispute arising under the Contract. If at any time the
Subrecipient would like to engage Department in an Alternative Dispute Resolution ("ADR")
procedure, the Subrecipient may send a proposal to Department's Dispute Resolution
Coordinator. For additional information on Department's ADR policy, see Department's
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC §1.17.
SECTION 38. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants,
agreements, terms and conditions of this Contract.
SECTION 39. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Signed
signature pages may be transmitted by facsimile or other electronic transmission, and any
such signature shall have the same legal effect as an original.
SECTION 40. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the
feminine, and singular words shall include the plural.
SECTION 41. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following
(herein referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung@tdhca.state.tx.us
Page 19 of 28
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Attention: Fernando Costa, Assistant City Manager
Telephone: (817) 392-6122 Fax: (817) 392-6134 Email: fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered,
mailed by overnight service, or five (5) days after mailing by certified or registered mail,
postage prepaid, return receipt requested, addressed to the appropriate Notice Address as
defined in the above Subsection A of this Section 41.
C. Subrecipient shall provide contact information and required notifications to the Department
through the Contract System in accordance with 10 TAC §6.6.
SECTION 42. VENUE AND JURISDICTION
ThE Contract shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to the conflicts of law provisions The venue of any suit arising under this
Contract is fixed in any court of competent jurisdictions of Travis County, Texas.
SECTION 43. APPEALS PROCESS
Subrecipient must establish a denial of service complaint procedure for individuals whose
application for service or assistance is denied, terminated or not acted upon in a timely manner
in accordance with 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 agreement of Department, which consent may be withheld in
Department's sole discretion.
SECTION 45. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF
TEXAS AND THE DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY
AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS
OR OMISSIONS OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS,
ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER
THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH
THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF
THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
Page 20 of 28
SECTION 46. OPEN MEETINGS
If the Subrecipient is a governmental entity, Subrecipient represents and warrants its
compliance with Chapter 551 of the Texas Government Code, which requires all regular,
special or called meetings of a governmental body to be open to the public, except as otherwise
provided by law.
SECTION 47. VETERAN INDENTIFICATION IN PROGRAM APPLICATIONS
The program applications must provide a space for applicants to indicate if they are a veteran
as required by Section 434.214 of the Texas Government Code. In addition, the application
must include the following statement: "Important Information for Former Military Services
Members. Women and men who served in any branch of the United States Armed Forces,
including Air Force, Army, Navy, Air Force, Marines, Coast Guard, Reserves or National Guard,
may be eligible for additional benefits and services. For more information please visit the Texas
Veterans Portal at <https://veterans.portal.texas.gov/>.
SECTION 48. SPECIAL CONDITIONS
[Not applicable.]
EXECUTED to be effective on January 01, 2023
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: January 4, 2023 4:36 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: January 5, 2023 12:31 pm
Page 21 of 28
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61230003783 FOR THE
FY 2023 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly. This certification is material representation of fact
on which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Page 22 of 28
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions. Submission of this statement is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: January 4, 2023 4:36 pm
Page 23 of 28
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61230003783 FOR THE
FY 2023 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM B
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug -Free Workplace Act of
1988: 45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b)
provide that a Federal agency may designate a central receipt point for STATE-WIDE AND
STATE AGENCY -WIDE certifications, and for notification of criminal drug convictions. For the
Department of Health and Human Services, the central point is: Division of Grants
Management and Oversight, Office of Management and Acquisition, Department of Health and
Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted -
Page 24 of 28
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of work done in connection with the
specific grant] (include street address, city, county, state, zip code):
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Workplace identifications must include the actual address of buildings (or parts of buildings)
or other sites where work under the grant takes place. Categorical descriptions may be
used (e.g., all vehicles of a mass transit authority or State highway department while in
operation, State employees in each local unemployment office, performers in concert halls
or radio studios). If Subrecipient does not identify the workplaces at the time of application,
or upon award, if there is no application, the Subrecipient must keep the identity of the
workplace(s) on file in its office and make the information available for Federal inspection.
Failure to identify all known workplaces constitutes a violation of the Subrecipient's
drug -free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered a
false certification, or otherwise violates the requirements of the Drug -Free Workplace Act,
Department, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug -Free Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: January 4, 2023 4:36 pm
Page 25 of 28
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61230003783 FOR THE
FY 2023 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children
Act of 1994, requires that smoking not be permitted in any portion of any indoor routinely
owned or leased or contracted for by an entity and used routinely or regularly for provision of
health, day care, education, or library services to children under the age of 18, if the
services are funded by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to
children's services provided in private residences, facilities funded solely by Medicare or
Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure
to comply with the provisions of the law may result in the imposition of a civil monetary
penalty of up to $1000 per day and/or the imposition of an administrative compliance order
on the responsible entity by signing and submitting this Contract the Subrecipient certifies
that it will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be
included in any subawards which contain provisions for the children's services and that all
subgrantees shall certify accordingly.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: January 4, 2023 4:36 pm
Page 26 of 28
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61230003783 FOR THE
FY 2023 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
C F DA#93.569
ADDENDUM D
Certification REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
section (b) of this certification;
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default; and
(e) Will submit to the Department information about each proceeding that occurs during
this Contract Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below
ii. A civil proceeding that resulted in a finding of fault and liability and payment of
a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or
more;
iii. An administrative proceeding, as defined below, that resulted in a finding of
fault and liability and your payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or damage in excess of
$100,000; or
iv. Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3) items
(i) - (iii) of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information about
the proceeding does not conflict with applicable laws and regulations.
(4) For purposes of section (e) of this certification the following definitions apply:
Page 27 of 28
i. An "administrative proceeding" means a non -judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities and
Exchange Commission Administrative proceedings, Civilian Board of Contract
Appeals proceedings, and Armed Services Board of Contract Appeals proceedings).
This includes proceedings at the Federal and State level but only in connection with
performance of a Federal contract or grant. It does not include audits, site visits,
corrective plans, or inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction, whether
entered upon a verdict or a plea, and includes a conviction entered upon a plea of
nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this
certification, such Subrecipient shall attach an explanation of why it cannot provide said
certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Subcontracts/Lower Tier Covered Transaction," without modification, in all
subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - SUBCONTRACTS/ LOWER TIER COVERED
TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of
the statements in this certification, such prospective participant shall attach an explanation
to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered an
erroneous certification, in addition to any other remedies available to the Federal Government,
the Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: January 4, 2023 4:36 pm
Page 28 of 28
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2023 CSBG PROGRAM
CONTRACT NO. 61230003783 CSC No.
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
as FaRt a
ATTEST:
Pvo 0=4
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J ette S. Goodall (Jan 1" 2023 07 /CST
Jeannette Goodall
City Secretary
M&C: M&C 22-0967
Dated: November 29, 2022
CITY OF FORT WORTH
By: Fernando Costa (signed electronically -see attached contract)
Title: Assistant City Manager
Date: January 4,2023
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: January 5,2023
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, includin ensuring all performance and reporting requirements.
Sonia Singleton, Ass' t t Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 11/29/2022 REFERENCE NO.: **M&C 22-0967 LOG NAME: 19NS CSBG
2023
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of 2023 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 2023 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, 2023 and ending on December 31, 2023;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount up to
$2,200,000.00, for the purpose of the revitalization of low-income communities and the
empowerment of low-income families and individuals to become fully self-sufficient; and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\
%,estimated total of $183,490.07.
DISCUSSION:
The City of Fort Worth (City) 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 the prior year's grant and contract award as a planning figure for the
2023 CSBG program. The total 2022 contract amount is $1,882,229.00. CAP staff projects an
increase in funding resulting in an estimated grant award in an amount up to $2,200,000.00 for 2023.
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 $1,861,862.00 per year and as much as
$1,888,229.00 in one year. TDHCA distributes the funds in quarterly allocations. The first allocation of
$472,057.00 will be available for use beginning January 1, 2023.
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.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30520&councildate=l1/29/2022 1/11/2023
M&C Review
Page 2 of 2
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. Eight neighborhood
CAP offices will be utilized to deliver the CSBG program services.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since early eighties. Grant funds support
administrative and program delivery allocations for 21.70 FTE positions in the Neighborhood Services
Department. Indirect costs totaling an estimated $183,490.07 calculated by taking wages & salaries
designated for this grant of approximately $1,061,249.68 multiplied by the Neighborhood Service
Departments' indirect cost rate of 17.29\% defined in the City's most recent Cost Allocation Plan, could
be charged to this grant. A waiver of these indirect costs is requested to allow allocation of these funds
to further support the programs and services to assist low -to -moderate income citizens.
Positions funded with Community Services Block Program grant funds are subject to grant availability.
In the event of a grant award being decreased or eliminated, Neighborhood Services Department
would review programs and services funded by the grants and determine a level of service and
staffing that aligns with the available funding. Alternative to consider may include staff and program
reductions or eliminations.
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 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
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget I Reference # Amount
i ID ID Year (Chartfield 2)
FROM
Fund Department Account Project
ID ID
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget
Year
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
ORD.APP19NS CSBG 2023 21001 A023(R3).docx (Public)
Reference # Amount
(Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30520&councildate=l1/29/2022 1/11/2023
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2023 CSBG PROGRAM
CONTRACT NO.61230003783 CSC No. 58725 A-1
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
ATTEST:
Jeannette Goodall
City Secretary
M&C: M&C 22-0967
Dated: November 29, 2022
CITY OF FORT WORTH
By: Fernando Costa (signed electronically -see attached contract)
Title: Assistant City Manager
Date: April10,2023
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: April7,2023
Contract Compliance Manager:
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 Singleton, Assistant Director
Neighborhood Services
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NUMBER 1 TO CONTRACT NUMBER 61230003783
FY 2023 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2301TXCOSR
Award Year (Year of Award from HHS to TDHCA): 2023
Unique Entity Identifier Number: ENS6MKS1ZL18
This Amendment Number 1 to 2023 Community Services Block Grant Program (CSBG) Contract Number
61230003783 ("Amendment") by and between the Texas Department of Housing and Community Affairs, a
public and official agency of the State of Texas ("Department"), and City of Fort Worth, a political subdivision of
the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties".
RECITALS
WHEREAS, the Department and Subrecipient, executed the 2023 Community Services Block Grant Program
Contract Number 61230003783 ("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 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 Subrecipient's satisfactory performance
of this Contract, Department shall reimburse the actual allowable costs incurred by Subrecipient during the
Contract Term in an amount up to $963,754.00 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. 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 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 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. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends
the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its
original signature.
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 binding upon the Parties hereto and their respective successors and assigns.
8. This Amendment shall be effective on January 01, 2023.
Page 1 of 2
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: April 7, 2023 3:06 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: April 10, 2023 3:20 pm
Page 2 of 2