HomeMy WebLinkAbout064650 - General - Contract - Texas Department of Housing and Community Affairs (TDHCA)64650
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61260004620
FY 2026 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2601TXCOSR
Award Year (Year of Award from HHS to TDHCA): 2026
Unique Entity Identifier Number: ENS6MKS1ZL18
SECTION 1. PARTIES TO THE CONTRACT
This 2026 Community Services Block Grant Program Contract Number 61260004620 ("ContracY')
is made by and between the Texas Department of Housing and Community Affairs, a public and
official agency of the State of Texas, ("Department") and City of Fort Worth, a political subdivision
of the State of Texas ("SubrecipienY') hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2026, and, unless earlier terminated, shall end on
December 31, 2026 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA
A. The following County/Counties constitute the SubrecipienYs "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 AcY'), 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 and Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA")
Requirements for the CSBG attached hereto as Addendum E; 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, D and E are incorporated herein for
all relevant purposes.
�FFICIAL RECORD
CITY SECRETARY
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C. Subrecipient shall operate on an equitable basis throughout SubrecipienYs 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).
E. This Contract is not a research and development contract per 2 CFR Part 200.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of SubrecipienYs satisfactory performance of this Contract, Department
shall reimburse the actual allowable costs incurred by Subrecipient during the Contract Term
in an amount up to $601,511.00 in accordance with the budget as approved by the
Department in 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
SubrecipienYs 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. DepartmenYs obligations under this
Contract are contingent upon the actual receipt and availability by the Department of
adequate 2026 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 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; or
7. are not included in the Community Action Plan.
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E. 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.
SubrecipienYs 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 SubrecipienYs 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
DepartmenYs 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 DepartmenYs 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 2.1, under the authority of Chapter 783 of the Texas Government Code
("TXGMS"), 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 governmenY' shall be construed to mean
Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00°/a.
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 One Million
and No/100 Dollars ($1,000,000.00) 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 SubrecipienYs 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.texas.gov.
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 subaward
under the Contract. The acceptance of funds by the Subrecipient or any other entity or
person directly under the Contract or indirectly through a subaward 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 subawardees through the contract and the requirement to cooperate is
included in any subgrant or subcontract it awards.
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.
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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, SubrecipienYs 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 DepartmenYs 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 DepartmenYs 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 Chapter 7 of the Texas Administrative
Code 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 DepartmenYs authority to withhold payment and
immediately suspend this Contract if Department identifies possible instances of fraud,
abuse, waste, fiscal mismanagement, or other deficiencies in SubrecipienYs 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.
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).
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
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.
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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 AcY'). 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 of Texas. A request to the Development Owner for public information
shall be communicated to the DepartmenYs contact identified in this Contract, by the close of
business on the following business day after the request is received. Development Owner
shall not provide to the requestor any information that was written, produced, collected,
assembled, or maintained under this Contract, but shall respond to the requestor that the
request has been forwarded to the Department for processing. After gathering all information
that is responsive to the request, but in no event later than five (5) business days after
receiving the information request, Development Owner shall send the information to the
Department. Development Owner shall timely contact the Department if there will be any
delay in sending the information request or responsive documents to the Department.
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 §200.334. 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 DepartmenYs 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.
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.
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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 Term 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 Ten Thousand and No/100 Dollars ($10,000.00) 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. If the Aggregate Supply Level in
10 TAC §1.407(c) is raised during the Contract Term, the new level may be used without an
amendment to this Contract. 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 provide the Department with the
number registered in the System of Award Management ("SAM") to be used as the Unique
Entity Identifier ("UEI") number 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 UEI 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.
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.
the terms of this Contract required by a change in
automatically incorporated herein and is effective on
regulations without the requirement of a written
additions, or deletions referenced under this Section
evidenced in a written amendment.
Any change, addition, or deletion to
state or federal law or regulation is
the date designated by such law or
amendment hereto. Said changes,
11 of this Contract may be further
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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 of an amendment 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 state 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 SubrecipienYs 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 SubrecipienYs program implementation or in SubrecipienYs 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.
SECTION 14. INDEPENDENT CONTRACTOR
Subrecipient is an independent contractor. Subrecipient agrees to
and, to the extent allowed by law, indemnify it against any disallowed
may be asserted by any third party in connection with SubrecipienYs
The Department acknowledges governmental entities cannot create
to the Texas Constitution.
SECTION 15. PROCUREMENT STANDARDS
hold Department harmless
costs or other claims which
performance of this Contract.
an unfunded debt pursuant
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 Ten Thousand and No/100 Dollars ($10,000.00), or on any vehicle
purchase unless Subrecipient has received the prior written approval from the Department
for such purchase.
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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 DepartmenYs sole determination. Subrecipient must request permission
from the Department to transfer title or dispose of equipment purchased with CSBG grant
funds
SECTION 16. SUBGRANTS AND SUBCONTRACTS
A. Subrecipient may subgrant or subcontract for the delivery of client assistance, provided that
such subgrants and subcontracts align with the activities specified in the Community Action
Plan referenced in Section 34 of this Contract. Any subgrants must be identified to the
Department before contract execution with the subawardee for Previous Participation Review
and written approval by the Department. Any subgrant or 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 DepartmenYs 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
SubrecipienYs 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
subgrantees and subcontractors perform in accordance with the terms, conditions, and
specifications of their contracts or purchase orders.
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 or action filed
with a court or administrative agency against Subrecipient arising out of the performance of this
Contract or any subgrant or subcontract hereunder. Subrecipient shall provide Department with
copies of any and all relevant papers Subrecipient receives with respect to such action or claim.
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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 SubrecipienYs
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. 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.
C. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient
hereby warrants that he/she has been duly authorized by SubrecipienYs governing board to
execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to
the terms, provisions and performances herein.
D. 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.
E. 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 represents and warrants that it will
comply, and assure the compliance of all its subgrantees or subcontractors, 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 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.
Page 10 of 32
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 HHS's implementing regulations including, without limitation, 2 CFR Parts 182
and 2429.
C. LIMITED ENGLISH PROFICIENCY (LEPI. Subrecipient must take reasonable steps to insure
that persons with LEP have meaningful access to the program. Meaningful access may
entail providing language assistance services, including oral and written translation, where
necessary.
D. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation
for disability, medical records or any other medical information in the course of administering
the CSBG program, Subrecipient shall comply with the Protected Health Information state
and federal laws and regulations, as applicable, under 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 Aqreement ("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 DepartmenYs
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 subgrantee 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) or enter into, extend or renew a
contract to procure the following covered telecommunications equipment or services:
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).
Page 11 of 32
c) Telecommunications or video surveillance services provided by any entity listed in
(a) or (b) above or services that rely on 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.
e) Systems that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part
of any system.
2. Subawards. Subrecipient must incorporate this prohibition in any subgrant and
require its subcontractors to incorporate this requirement into any subcontracts.
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
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 anv state computer system or database. Subrecipient shall
complete cvbersecuritv traininq and verifv completion of the traininq proqram 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.
Page 12 of 32
M. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. Subrecipient
represents and warrants that it will comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C.1251-1387).
N. NOTIFICATION OF INVESTIGATION. Subrecipient must notify the Department if
Subrecipient is under federal or state investigation (by, for example, including, but not limited
to, U.S. Department of Health and Human Services, Office of Inspector General and the
Office of State Inspector General). Subrecipient must inform the Department in writing of this
investigation in accordance with the Notice Provisions in Section 41. Subrecipient must also
inform the Department in writing, in accordance with the Notice Provisions in Section 41, of
any written requests for information by the State Auditor's Office, the Office of the Attorney
General, or any other investigative agency, unless otherwise prohibited by law.
O. NEVER CONTRACT WITH THE ENEMY ACT. Subrecipient represents and warrants that it
will comply with all applicable standards, orders, or regulations pursuant to 2 CFR §200.215,
implementing Never Contract with the Enemy in 2 CFR Part 183.
SECTION 22. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. REPORTING SUSPECTED FRAUD AND UNLAWFUL CONDUCT. 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.
B. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect,
and correct waste, fraud, and abuse in activities funded under this Contract. The systems
and procedures shall address possible waste, fraud, and abuse by Subrecipient, its
employees, clients, vendors, subgrantees, subcontractors and administering agencies.
SubrecipienYs internal controls systems and all transactions and other significant events are
to be clearly documented, and the documentation is to be readily available for monitoring by
Department.
C. Subrecipient shall give Department complete access to all of its records, employees, and
agents for the purpose of monitoring or investigating the CSBG program. Subrecipient shall
immediately notify Department of any discovery of waste, fraud, or abuse. Subrecipient shall
fully cooperate with DepartmenYs 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 Government Code, by execution of this Contract,
Subrecipient hereby certifies that Subrecipient, or a branch, division, or department of
Subrecipient does not and will not knowingly employ an undocumented worker, where
"undocumented worker" means an individual who, at the time of employment, is not lawfully
admitted for permanent residence to the United States or authorized under law to be employed in
that manner in the United States. If, after receiving a public subsidy, Subrecipient or a branch,
division, or department of Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f),
Subrecipient shall repay the public subsidy with interest, at the rate of five percent (5°/o) per
annum, not later than the 120th day after the date the Department notifies Subrecipient of the
violation.
Page 13 of 32
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. Subrecipient may set standards for situations in which the financial interest
is not substantial or the gift is an unsolicited item of nominal value. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of the Subrecipient.
D. 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.
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.
Page 14 of 32
C. BYRD ANTI-LOBBYING AMENDMENT. Subrecipient certifies that no federal appropriated
funds have been paid or will be paid to any person or organization 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 on its behalf to
obtain, extend, or modify this grant. If non-federal funds are used by Subrecipient to
conduct such lobbying activities, Subrecipient shall promptly file the prescribed disclosure
form. In accordance with the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352(b)(5)),
Subrecipient acknowledges and agrees that it is responsible for ensuring that each
subrecipient and subcontractor certifies its compliance with the expenditure prohibition and
the declaration requirement
D. LOBBYING EXPENDITURE RESTRICTION. Subrecipient represents and warrants that
DepartmenYs 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.
E. POLITICAL POLLING PROHIBITION. Subrecipient represents and warrants that it does not
perform political polling and acknowledges that appropriated funds may not be granted to, or
expended by, any entity that performs political polling without written permission from the
Department
SECTION 26. NONDISCRIMINATION AND EQUAL ACCESS
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105.004 of the 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. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the
Rehabilitation Act of 1973 (29 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.
C. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975
(42 U.S.C. §§ 6101-6107).
D. SUBGRANTS AND SUBCONTRACTS. Subrecipient will include the substance of this Section
26 in all subgrants and 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.
Page 15 of 32
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract, Subrecipient certifies that its
principal employees, board members, agents, or contractors agents are not suspended or
debarred from doing business with the state or federal government as listed 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. Subrecipient and its principals are not 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.gov
and including a copy of the results in its project files. After said verification, Subrecipient may
decide the frequency by which it determines the eligibility of its 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.
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 proselytization, 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.
Page 16 of 32
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 DepartmenYs 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.
B. The attachments enumerated and denominated below are a part of this Contract and
constitute promised performances under this Contract:
1. Addendum A- Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
2. Addendum B- Certification Regarding Drug-Free Workplace Requirements
3. Addendum C- Certification Regarding Environmental Tobacco Smoke
4. Addendum D- Certification Regarding Debarment, Suspension and Other Responsibility
Matters
5. Addendum E- Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA")
Requirements for the CSBG
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:
Page 17 of 32
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 2026 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, 2026.
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
SubrecipienYs 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
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 DepartmenYs Dispute Resolution
Coordinator. For additional information on DepartmenYs ADR policy, see DepartmenYs
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC §1.17.
Page 18 of 32
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) 475-3951
Fax: (512) 475-3951
michael.deyoung@tdhca.texas.gov
As to Subrecipient:
City of Fort Worth
100 Fort Worth Trail
Fort Worth, TX 76102
Attention: Dana Burghdoff, Assistant City Manager
Telephone: (817) 392-8018 Fax: (817) 392-7328
Email: dana.burghdoff@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.
Page 19 of 32
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
DepartmenYs sole discretion.
SECTION 45. INDEMNIFICATION
TO THE EXTENT ALLOWED BY LAW, 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.
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 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.
Page 20 of 32
SECTION 49. TITLES AND HEADINGS
The terms and phrases used in the titles and heading herein have been included for convenience
and reference purposes only and shall in no way modify or restrict the scope or intent of any
provisions of this Contract.
EXECUTED to be effective on January 01, 2026
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 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 16, 2026 12:00 pm
�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 21 of 32
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61260004620 FOR THE
FY 2026 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.
STATEMENTFORLOAN GUARANTEES ANDLOANINSURANCE
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: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 22 of 32
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61260004620 FOR THE
FY 2026 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
1988.2 CFR § 182 Sections 182.225, (230), (500) and (505) provide that a Federal agency may
designate a central receipt point for STATE-W/DE AND STATE AGENCY-W/DE 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, 2001ndependence 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 23 of 32
(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
100 Fort Worth Trail
Fort Worth, TX 76102
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 SubrecipienYs 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: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 24 of 32
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61260004620 FOR THE
FY 2026 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: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 25 of 32
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61260004620 FOR THE
FY 2026 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM D
Certification REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
section (b) of this certification;
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default; and
(e) Will submit to the Department information about each proceeding that occurs during this
Contract Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recentfive 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, oradministrative 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 26 of 32
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, INELIGIBILITYAND VOLUNTARY
EXCLUSION - SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal department or 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:
m
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: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 27 of 32
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61260004620 FOR THE
FY 2026 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM E
PRWORA REQUIREMENTS
If an individual is applying for CSBG funds, a Subrecipient must verify that the individual applying
for CSBG funds is a qualified recipient for funding under the Personal Responsibility and Work
Opportunity Act of 1996, ("PRWORA") or ("AcY'), Pub. L. 104-193, 110 Stat. 2105, codified at 8
U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
There are certain types of assistance that are not subject to the AcYs restriction on access to
public benefits based on immigration status. This includes activities that: (1) deliver in-kind
services at the community level, (2) are necessary for the protection of life or safety, and (3) do
not condition the provision of assistance on the applicanYs income or resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of
general purpose government that administers "federal public benefit programs" is required to
determine, and to verify, the individual's alienage status before granting eligibility (8 U.S.C. §1642
(a) and (b)). Subrecipient must use the SAVE verification system to verify and document
qualified alien eligibility.
There are certain types of assistance that are not subject to the AcYs restriction on access to
public benefits based on immigration status. This includes activities that: (1) deliver in-kind
services at the community level, (2) are necessary for the protection of life or safety, and (3) do
not condition the provision of assistance on the applicanYs income or resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of
general purpose government that administers "federal public benefit programs" is required to
determine, and to verify, the individual's alienage status before granting eligibility (8 U.S.C. §1642
(a) and (b)). Subrecipient must use the SAVE verification system to verify and document
qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) Svstem Use.
(a) Establish the identity of the applicants and require each applicant to present the applicanYs
immigration or naturalization documentation that contains the information (e.g., alien registration
number) required by the SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether the
document(s) reasonably appear(s) to be genuine and to relate to the individual;
Page 28 of 32
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived citizenship status
information, including (1) information from the applicant's immigration or naturalization
documentation for initial automated verification, (2) additional information obtained from the
alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional
verification. For manual only verification, ensure that Forms G-845 and other documents and
information required for manual verification are provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by
Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification
procedures complete SAVE required training including: reading the SAVE Program Guide, taking
the latest version of Web tutorial(s) and maintaining a working knowledge of requirements
contained therein and in this Contract as updated. Documentation of training must be maintained
by the Subrecipient for monitoring review;
(e) Ensure that Users are provided with and maintain User lds only while they have a need to
perform verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in
the SAVE Program Guide, web-based tutorial, this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the
SAVE Program and SAVE Monitoring and Compliance.
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires
and/or the applicant requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of
determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit
use of such information in accordance with this and all other provisions of this Contract;
Q) Comply with the requirements of the Federal Information Security Modernization Act of 2014
(FISMA) (PL-113-283, as amended) and OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received by either
agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it is
not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each
applicant seeing access to information regarding him/her may do so by submitting a written signed
request to DHS-USCIS.
(I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other
applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy
guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use
of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of
the applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A
Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted on
their website.
Page 29 of 32
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the SubrecipienYs existing process to appeal the denial and
to contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C.
§ 1324a.
(2) Monitorina and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and
documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the
Subrecipient, including, but not limited to original applicant consent documents required by the
Privacy Act, 5 U.S.C. §552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe
a violation of this agreement has occurred;
(c) Notify the DepartmenYs Compliance Division immediately whenever there is reason to believe
an information breach has occurred as a result of User or Subrecipient action or inaction pursuant
to Office of Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and
Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and
documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any
User, including, but not limited to original applicant consent documents required by the Privacy
Act, 5 U.S.C. §552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review SubrecipienYs compliance with this Addendum E and all other SAVE-related policy,
procedures, guidance and law applicable to conducting verification and safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of SubrecipienYs
User lds use and access, SAVE Training Records, SAVE financial records, SAVE biographical
information, system profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and
any and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions or problems which may arise in connection with the
Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage
and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum E
and the SAVE Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department or
SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum E, SAVE Program procedures or other applicable law, regulation or policy; and
Q) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal
service address, physical address, name and telephone number Users authorized representative
for any notifications, questions or problems that may arise in connection with Users participation in
SAVE and with notification of changes in the benefit offered by the User.
Page 30 of 32
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose
permitted by law, including, but not limited to, the prosecution of violations of Federal
administrative or criminal law.
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed
by the Privacy Act, 5 U.S.C. §552a, and that any person who obtains this information under false
pretenses or uses it for any purpose other than as provided for in this Contract may be subject to
criminal penalties.
(4) Third Partv Liabilitv.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or
action by third parties arising out of or related to the execution and/or performance of this
Contract, whether civil or criminal, and retain responsibility for the payment of any corresponding
(b) Nothing in this Contract is intended,
substantive or procedural, enforceable at
agencies, officers, or employees, the Stat
Subrecipient.
or should be construed, to create any right or benefit,
law by any third party against the United States, its
e of Texas, its agencies, officers, or employees, or the
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P. O. Box 13941
Austin, Texas 78711-3941
Telephone: (512) 475-2125
michael.deyoung@tdhca.texas.gov
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: savereaistration(a�dhs.aov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: save.monitorinq(c�dhs.aov
Page 31 of 32
(6) Certification.
The undersigned hereby certifies to the Department that all information herein is true and correct
to the best of their knowledge and belief. The purpose of this statement is to certify that City of
Fort Worth (Subrecipient):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute
and affiliated with a state or governmental entity (such as a housing finance agency,
public housing authority, unit of local government, council of governments, county, etc.)
Certification must have the signature from a representative with authority to execute
documents on the Subrecipient's behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly
and willingly making a materially false, fictitious, or fraudulent statement or entry in any matter
under the jurisdiction of the federal government (18 U.S.C. Sec. 1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 32 of 32
CITY OF FORT WORTH
By: Dana Burghdoff
Title: Assistant City Manager
Signed Electronically -See attached contract
APPROVAL RECOMMENDED:
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Kacey Thomas (Jan 28, 2026 09:41:44 CST)
By:
Name: Kacey Thomas
Title: Director, Neighborhood Services
ATTEST: ann
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By:
Name: Jannette Goodall
Title: City Secretary
By:
Name:
Title:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
�''�ci1.�e ��evcf�.r�, .L-��Gf�
By:
Name: Doonkeen Michelle
Title: Assistant Director, Neighborhood Services
APPROVED AS TO FORM AND LEGALITY:
SopGci� Matl��w,t
By:
Name: Sophie Mathews
Title: Assistant Ciry Attorney
CONTRACT AUTHORIZATION:
M&C: 26-0018 dated
O1/13/2026
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 1 of 1
City of Fort Worth,
Mayor and
DATE: 01 /13/26
Texas
Council Communication
M&C FILE NUMBER: M&C 26-0018
LOG NAME: 19 CSBG 2026
SUBJECT
(ALL) Authorize Acceptance of 2026 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 2026 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,
2026 and ending on December 31, 2026;
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 21.05%, an estimated total of $182,117.86.
I�7[+��i�I+��[�7►F
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 2026 CSBG program. The total 2025
contract amount is $1,810,343.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to
$2,200,000.00 for 2026. 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 $1,906,140.00
per year and as much as $1,973,450.00 in one year. TDHCA distributes the funds in quarterly allocations. The first allocation of $452,085.00 will
be available for use beginning January 1, 2026.
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.
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 the early 1980's. Grant funds support administrative and program delivery allocations for 17.70 full-time employee
positions in the Neighborhood Services Department. Indirect costs totaling an estimated $182,117.86 calculated by taking wages & salaries
designated for this grant of approximately $865,168.00 multiplied by the Neighborhood Services Departments' indirect cost rate of 21.05%
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, the 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.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education:
TDHCA
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.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Kacey Thomas 8187
Additional Information Contact: Michelle Doonkeen 5771
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name
Texas Department of Housing and Community Affairs
Subject of the Agreement: FY 2026 Community Services Block Grant Program (CSBG)
Contract Number 61260004620
M&C Approved by the Council? * Yes ❑✓ No ❑
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 01/01/2026 Expiration Date: 12/31/2026
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No ❑✓
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.