HomeMy WebLinkAboutResolution - 2018-R0047 - TDHCA For CSBG - 01/25/2018Resolution No. 2018-R0047
Item No. 6.36
January 25, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Contract 13907, and all related documents, between the City
of Lubbock and the Texas Department of Housing and Community Affairs, for the
Community Services Block Grant to provide assistance to reduce poverty, revitalize low-
income communities, and empower self-sufficiency among low-income families and
individuals. Said Contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on January 25, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Refcca Garza, City Secret
APPROVED AS TO CONTENT:
Bill H erton, Assistant Manager
APPROVED AS TO FORM:
Ilk
J tin P itt, Assistant City Attorney
ccdocs/RES. Contract 13907 — Texas Department of Housing and Community Affairs — 2018 Community Services Block Grant
January 8, 2018
Resolution No. 2018-ROO47
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180002843 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: G-18-BI-TX- COSR
Award Year (Year of Award from HHS to TDHCA): 2018
Unique Entity Identifier Number: 058213893
SECTION 1. PARTIES TO THE CONTRACT
This 2018 Community Services Block Grant Program Contract Number 61180002843 ("Contract") is made by
and between the Texas Department of Housing and Community Affairs, a public and official agency of the State
of Texas, ("Department") and City of Lubbock a political subdivision of the State of Texas ("Subrecipient")
hereinafter the 'Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2018, and, unless earlier terminated, shall end on December 31,
2018 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA
A. Subrecipient shall implement a Community Service Block Grant Program ("CSBG") in accordance with the
provisions of Chapter 106 of the Community Services Block Grant Act (42 U.S.C. §9901 et seq.) ("CSBG
Act"), as amended by the "Community Services Block Grant Amendments of 1994" (Public Law 103-252)
and the Coats Human Services Reauthorization Act of 1998 (Public Law 105-285); Chapters 2105 and 2306
of the Texas Government Code ("State Act"); the implementing State regulations under Title 10, Part 1,
Chapter 1, Chapter 2, and Chapter 6, Subchapters A and B of the Texas Administrative Code, as amended or
supplemented from time to time ("CSBG State Rules"); and the Department's guidance related to CSBG.
Subrecipient further agrees to comply with the Certification Regarding Lobbying for Contracts, Grants,
Loans, and Cooperative Agreements attached hereto as Addendum A, Certification Regarding Drug -Free
Workplace Requirements attached hereto as Addendum B, Certification Regarding Environmental Tobacco
Smoke attached hereto as Addendum C, Certification Regarding Debarment, Suspension and Other
Responsibility Matter attached hereto as Addendum D; the assurances, certifications, and all other statements
made by Subrecipient in its application for funding under this Contract; and with all other terms, provisions,
and requirements herein set forth. The Certifications attached hereto as Addendums A, B. C, and D are
incorporated herein for all relevant purposes.
B. Subrecipient shall operate on an equitable basis throughout Subrecipient's service area and shall utilize funds
for the reduction of poverty, the revitalization of communities, and the empowerment of low-income families
and individuals to become fully self-sufficient. Subrecipient shall provide services and activities of the type
specified in 42 U.S.C. §§9901, 9907 excluding subsection (c), and 9908.
C. 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).
D. Subrecipient's service area consists of the following counties:
LUBBOCK
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SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse the
actual allowable costs incurred by Subrecipient during the Contract Term in an amount up to $75,586.00 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 Subrecipient's overall
compliance with the terms of this Contract.
C. Department's obligations under this Contract are contingent upon the actual receipt and availability by the
Department of adequate 2018 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; or
5. are not incurred during the Contract Term.
E. Department shall not release any funds under this Contract until Department has determined in writing that
Subrecipient's fiscal control and fund accounting procedures are adequate to assure the proper disbursal of
and accounting for such funds.
F. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for
costs incurred or performances rendered for activities specified in the CSBG Act.
SECTION 5. PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipients may request an advance for up to thirty (30) days.
Subrecipient's request for cash advance shall be limited to the minimum amount needed and be timed to be in
accordance with the actual, immediate cash requirements of the Subrecipient 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 4(A) of this Contract notwithstanding, Department reserves the
right to utilize a modified cost reimbursement method of payment, whereby reimbursement of costs incurred
by a Subrecipient is made only after the Department has reviewed and approved backup documentation
provided by the Subrecipient to support such costs for all funds if at any time (I) Department 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 terms of this Contract.
D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of
allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's
service area incurred during the Contract Term. Subrecipient may incur costs for activities associated with
the closeout of the CSBG contract for a period not to exceed forty-five (45) days calendar from the end of the
Contract Term.
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E. REFUND. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient
by Department, which Department determines has resulted in an overpayment. Subrecipient shall make such
refund within fifteen (15) calendar days after the Department's request.
F. REPAYMENT. Suprecipient shall recapture funds that the Department determines has not been spent strictly
in accordance with the terms of this Contract and by which the period of obligation has expired. Subrecipient
shall make such repayment within fifteen (15) calendar days after the Department's request.
SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST 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 Uniform Grant Management Standards, 34 TAC §20.421 in effect on the
effective date of this Contract ("UGMS"), except as preempted by Cost Principles of Subpart E of 2 CFR
Part 200 which apply to subrecipients of Community Services Block Grant funds pursuant to 42 U.S.C.
9916(a)(1)(B). All references in UGMS to "local government" shall be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%, as detailed in the letter
from the cognizant agency.
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 $750,000 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. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides the
Department the ability to directly review, monitor, and/or audit the operational and financial performance
and/or records of work performed under this Contract.
F. CERTIFICATION FORM. For any fiscal year ending within or immediately after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60)
days after the Subrecipient's fiscal year end.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. As per 10 TAC §§2.202 and 2.203, Department may terminate this Contract, in whole or
in part, at any time Department determines that there is cause for termination. Cause for termination
includes, but is not limited to, Subrecipient's failure to comply with any term of this Contract or reasonable
belief that Subrecipient cannot or will not comply with the requirements of this Contract.
B. SUSPENSION. As per 10 TAC §§2.202 and 2.203, Department may suspend this Contract, in whole or in
part, at any time Department determines that there is cause for suspension. Nothing in this Section 7 shall be
construed to limit Department's authority to withhold payment and immediately suspend this Contract if
Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies
in Subrecipient's performance including but not limited to, Subrecipient's failure to correct any monitoring
findings on this or any state contract, or on a single audit review.
C. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or
during suspension of this Contract.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
deobligation, 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
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. This provision may be waived in the
Department's sole discretion as outlined in 42 U.S.C. §9918(a)(2).
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SECTION 9. RECORD KEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall maintain fiscal and programmatic records and supporting documentation for
all expenditures made under this Contract in accordance with the UGMS and Section III, Common Rule:
State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C -Post Award
Requirements, _.42. For purposes of compliance, all associated documentation must be readily available,
whether stored electronically or hard copy to justify compliance with program rules and regulations.
B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by
Subrecipient pertaining to this Contract is subject to the Texas Public Information Act, Chapter 552 of Texas
Government Code and must provide citizens, public agencies, and other interested parties with reasonable
access to all records pertaining to this Contract subject to and in accordance with the Texas Public
Information Act.
C. ACCESS TO RECORDS. Subrecipient shall give the HHS, the U.S. General Accounting Office, the Texas
Comptroller, the State Auditor's Office, and Department, or any of their duly authorized representatives,
access to and the right to examine and copy, on or off the premises of Subrecipient, all records pertaining to
this Contract. Such right to access shall continue as long as the records are retained by Subrecipient.
Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection C.
D. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location for the
greater of: (i) the time period described in the state Uniform Grant Management Standards, Chapter III,
"State Uniform Administrative Requirements for Grants and Cooperative Agreements", Subpart C -Post
Award Requirements, §_.42; (ii) if notified by the Department in writing, the date that the final audit is
accepted with all audit issues resolved to the Department's satisfaction; (iii) if any litigation claim,
negotiation, inspection, or other action has started before the expiration of the required retention period
records must be retained until completion of the action and resolution of all issues which arise under it; (iv) a
date consistent with any other period required by the performed activity reflected in federal or state law or
regulation. Upon termination of this Contract, all records are property of the Department.
E. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. Subrecipient shall submit to Department such reports on the performance of this Contract as may be required
by Department including, but not limited to, the reports specified in this Section.
B. By the 15th of each month, Subrecipient shall electronically submit a Performance Report and Expenditure
Report to the Department 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. 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. The failure of Subrecipient to provide a full accounting of all funds expended under this Contract shall
impact the ability of Subrecipient to request reimbursements and shall be identified as findings in monitoring
reviews.
D. Subrecipient shall annually submit to Department, no later than forty five (45) calendar days after the
termination of this Contract, a cumulative inventory of all equipment acquired, in whole or in part, with funds
received under this or previous CSBG contracts. Upon the termination of this Contract, Department may
transfer title to any equipment to the Department or to any other entity receiving CSBG funds from the
Department.
E. 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. If Subrecipient receives CSBG funds from Department over two or more contract
terms, termination proceedings may be initiated on this Contract for Subrecipient's failure to submit a report,
including an audit report, past due from a prior contract.
Page 4 of 17
F. Subrecipient shall provide the Department with a Data Universal Numbering System ("DUNS") number and
a Central Contractor Registration ("CCR") System number to be used as the Unique Entity Identifier Number
on all contracts and agreements. The DUNS number must be provided in a document from Dun and
Bradstreet and the current CCR number must be submitted from a document retrieved from the
https://www.swn.gov website. These documents must be provided to the Department prior to the processing
first payment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number for the
entire Contract Term.
SECTION 11. CHANGES AND AMENDMENTS
A. Any change, addition, or deletion to the terms of this Contract required by a change in state or federal law or
regulation is automatically incorporated herein and is effective on the date designated by such law or
regulations without the requirement of a written amendment hereto. Said changes, additions, or deletions
referenced under this Subsection A of Section 11 of this Contract may be further evidenced in a written
amendment.
B. 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. If any Party returns an executed copy by facsimile machine or electronic
transmission, the signing party intends the copy of its authorized signature printed by the receiving machine
or the electronic transmission, to be its original signature.
C. The Department must receive any Contract amendment requests in writing, and such requests must not
involve circumstances described in 10 TAC §6.3(e)(1) .
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or in part
with funds provided under this Contract in accordance with the state Uniform Grant Management Standards, more
specifically Chapter III, "State Uniform Administrative Requirements For Grants and Cooperative Agreements",
Subpart C - Post -Award Requirements --Financial Administration, §_.25, Program Income, and 2 CFR §200.80.
SECTION 13. TECHNICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms of this Contract.
Department or its designee may conduct periodic on -site monitoring and evaluation of the efficiency, economy,
and efficacy of Subrecipient's performance of this Contract. Department will advise Subrecipient in writing of
any deficiencies noted during such monitoring. Department will provide technical assistance to Subrecipient and
will require or suggest changes in Subrecipient's program implementation or in Subrecipient's accounting,
personnel, procurement, and management procedures in order to correct any deficiencies noted. Department may
conduct follow-up visits to review and assess the efforts Subrecipient has made to correct previously noted
deficiencies. Department may place Subrecipient on a cost reimbursement method of payment, suspend or
terminate this Contract, or invoke other remedies in the event monitoring or other reliable sources reveal material
deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency within the time
allowed by federal or state law or regulation or by the terms of this Contract.
SECTION 14. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shall comply with UGMS and 10 TAC §1.404, this Contract, and all applicable federal, state,
and local laws, regulations, and ordinances for making procurement transactions and purchases under this
Contract.
B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment,
goods, or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more
than $5,000 unless Subrecipient has received the prior written approval of Department for such purchase.
C. When the Subrecipient no longer needs equipment purchased with CSBG grant funds, regardless of purchase
price, or upon the termination of this Contract, Department may take possession and transfer title to any such
property or equipment to the Department or to a third party or may seek reimbursement from Subrecipient of
the current unit price of the item of equipment, in Department's sole determination. Subrecipient must request
permission from the Department to transfer title or dispose of equipment purchased with CSBG grant funds.
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SECTION 16. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this Contract, , including but not limited to
expenditure and performance reporting and drawing fund through the Community Affairs Contract System,
and only may enter into contractual agreements for consulting and other professional services, if Subrecipient
has received Department's prior written approval. Subrecipient may subcontract for the delivery of client
assistance without obtaining Department's prior approval. Any subcontract for the delivery of client
assistance will be subject to monitoring by the Department as per Section 13 of this Contract.
B. In no event shall any provision of this Section 16, specifically the requirement that Subrecipient obtain
Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to
comply with all of the terms of this Contract, as if such performances rendered were rendered by
Subrecipient. Department's approval under this Section 16 does not constitute adoption, ratification, or
acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to
monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval
under this Section 16 does not waive any right of action which may exist or which may subsequently accrue
to Department under this Contract.
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 Section 1.408 of the CSBG State
Rules. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in computing the
travel and per diem expenses of its board members and employees.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall immediately provide Department with written notice of any claim or action filed with a court or
administrative agency against Subrecipient arising out of the performance of this Contract or any subcontract
hereunder. Subrecipient shall provide Department with copies of any and all relevant papers Subrecipient receives
with respect to such action or claim.
SECTION 19. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority to enter into
this Contract, to receive and manage the funds authorized by this Contract, and to perform the services
Subrecipient has obligated itself to perform hereunder. The execution, delivery, and performance of this
Contract will not violate Subrecipient's constitutive documents or any requirement to which Subrecipient is
subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in accordance
with its terms.
B. SUBRECIPIENT ELIGIBILITY. Subrecipient warrants that it is an eligible entity as defined by 42 U.S.0
§9902.
C. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants
that he/she has been duly authorized by Subrecipient's governing board to execute this Contract on behalf of
Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and performances herein.
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 19.
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.
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SECTION 20. COMPLIANCE WITH LAWS
A. FEDERAL. STATE AND LOCAL LAW. Subrecipient shall comply with the CSBG Act, the federal rules
and regulations promulgated under the CSBG Act, the State Act, the State CSBG Rules, the certifications
attached hereto, and all federal, state, and local laws and regulations applicable to the performance of this
Contract. Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor
commit any illegal activity in the performance of or associated with the performance of this Contract. No
funds under this Contract shall be used for any illegal activity or activity that violates any federal, state or
local laws.
B. DRUG -FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and
Addendum B that it is implementing the Drug -Free Workplace Act of 1988 (41 USC §701, et seg).
C. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program applications, forms, and
educational materials in English, Spanish, and any appropriate language, based on the needs of the service
area and in compliance with the requirements in Executive Order 13166 of August 11, 2000 of August 11,
2000 reprinted at 65 F.R 50121, August 16, 2000 Improving Access to Services with LEP at 67 F.R. 41455.
To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with LEP have
meaningful access to the program. Meaningful access may entail providing language assistance services,
including oral and written translation, where necessary.
D. 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).
SECTION 21. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct
waste, fraud, and abuse in activities funded under this Contract. The systems and procedures shall address
possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors, subcontractors and
administering agencies. Subrecipient's internal controls systems and all transactions and other significant
events are to be clearly documented, and the documentation is to be readily available for monitoring by
Department.
B. 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 Department's
efforts to detect, investigate, and prevent waste, fraud, and abuse.
C. Subrecipient shall not discriminate against any employee or other person who reports a violation of the terms
of this Contract, or of any law or regulation, to Department or to any appropriate law enforcement authority,
if the report is made in good faith.
SECTION 22. CERTIFICATION REGARDING 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%) per annum, not later than the 120th day after
the date the Department notifies Subrecipient of the violation.
SECTION 23. CONFLICT OF INTERESTINEPOTISM
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.
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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 200.3186.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors, or parties to subagreements. Subrecipients may set standards
for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal
value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the Subrecipient.
D. Subrecipients who are local governmental entities shall, in addition to the requirements of this Section, 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.
SECTION 24. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this contract shall be used for influencing the outcome of any election, or
the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any state
official or employee from furnishing to any member of its governing body upon request, or to any other local
or state official or employee or to any citizen, information in the hands of the employee or official not
considered under law to be confidential information.
B. No funds provided under this contract may be used directly or indirectly to hire employees or in any other
way fund or support candidates for the legislative, executive, or judicial branches of government, the State of
Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award governed by the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352) as
the Development Owner and each of its tiers have certified by their execution of the "Certification Regarding
Lobbying for Contracts, Grants, Loans, and Cooperative Agreements" attached hereto as Addendum A and
incorporated herein for all relevant purposes.
SECTION 25. NON-DISCRIMINATION, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits of,
be subjected to discrimination under, or be denied employment in the administration of or in connection with
any program or activity funded in whole or in part with funds made available under this Contract, on the
grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program in
keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965, as
amended, and its implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of
1973 (5 U.S.C. §794) Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§12131-12189; 47
U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department of Justice at 28 CFR Parts 35 and 36.
Subrecipients 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.
Subrecipients are also required to provide reasonable accommodations for persons with disabilities.
D. SUBCONTRACTS. Subrecipient will include the substance of this Section 25 in all subcontracts.
Page 8 of 17
SECTION 26. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person who, during
the five year period preceding the date of this Contract, has been convicted of violating a federal law in
connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a
result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster
occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action
in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a
result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster
occurring after September 24, 2005.
By execution of this Contract, the Administrator hereby certifies that it is eligible to participate in this Program
and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
SECTION 27. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other
source or in any way serve to reduce the funds or resources which would have been available to or provided
through Subrecipient had this Contract never been executed.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that its principal employees, board members, agents, or
contractors agents are not included in the Excluded Parties List System ("EPLS") maintained by the General
Services Administration ("GSA") as provided in the Certification Regarding Debarment, Suspension and Other
Responsibility Matters attached hereto as Addendum D and incorporated herein for all relevant purposes. The
terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction",
"participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as
used in the certification attached as Addendum D, have the meaning set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not knowingly
award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9,
Subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement
with a potential subcontractor that the verification process to comply with this requirement will be accomplished
by checking the System for Award Management ("SAM") at www.sam.gov and including a copy of the results in
its project files. Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors.
Subrecipient may rely upon a certification of a prospective 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.
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.
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.
Page 9 of 17
SECTION 31. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or
remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or
remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver
of Department's right to exercise that or any other right or remedy at a later time.
SECTION 32. SEVERABILITV
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
SECTION 34. COMMUNITY ACTION PLAN
A. As a condition of receipt of continued funding under the Act, Subrecipient shall submit by September 1, 2018
to the Department a community action plan including National Performance Indicators ("NPP') for 2019
funding that includes:
1. a description of the service delivery system targeted to low-income individuals and families in the
service area, including homeless individuals and families, migrants, and the elderly poor;
2. a description of how linkages will be developed to fill identified gaps in services through information,
referral, case management, and follow-up consultations;
3. a description of how funding under this Act will be coordinated with other public and private resources; and,
4. a description of outcome measures to be used to monitor success in promoting self-sufficiency, family
stability, and community revitalization.
B. To retain eligible entity status, Subrecipient will submit every three (3) years a community needs assessment
to the Department on or before June 1 st of every third (3rd) year.
C. Subrecipient must attain previously identified 2018 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 August 31, 2018.
SECTION 35. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees
who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for
the purchase of alcoholic beverages.
SECTION 36. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to
perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature or
acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders,
rebellion or sabotage; and (iv) quarantines, 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.
Page 10 of 17
SECTION 37. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to encourage
the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute
Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Texas Government
Code), to assist in the fair and expeditious resolution of internal and external disputes involving the Department
and the use of negotiated rulemaking procedures for the adoption of Department rules. As described in Chapter
154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by
Department's ex parte communications policy, Department encourages informal communications between
Department staff and the Subrecipient, to exchange information and informally resolve disputes. Department also
has administrative appeals processes to fairly and expeditiously resolve disputes. If at any time the Subrecipient
would like to engage Department in an ADR procedure, the Subrecipient may send a proposal to Department's
Dispute Resolution Coordinator. For additional information on Department's ADR policy, see Department's
Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC Section 1.17.
SECTION 38. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and
conditions of this Contract.
SECTION 39. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of
which together shall constitute one and the same instrument. Signed signature pages may be transmitted by
facsimile or other electronic transmission, and any such signature shall have the same legal effect as an original.
SECTION 40. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular
words shall include the plural.
SECTION 41. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein referred to as
"Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Attention: Karen Murfee, Executive Director
Telephone: (806) 775-2301 Fax: (806) 775-3917 Email: kmurfee@mail.ci.lubbock.tx.us
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight
service, or five days after mailing by certified or registered mail, postage prepaid, return receipt requested,
addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 41.
SECTION 42. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant
to this Contract, venue shall lie in Travis County, Texas.
Page I 1 of 17
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 Section 6.8 the CSBG
State Rules.
SECTION 44. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written
consent and agreement of Department, which consent may be withheld in Department's sole discretion.
SECTION 45. LIMITATION ON ABORTION FUNDING
Pursuant to Section 6.25 of Article IX of SB 1, 85th Legislature, Regular Session (2017) ("General
Appropriations Act"), to the extent allowed by federal and state law, money appropriated by the General
Appropriations Act for state fiscal year 2018 and 2019 may not be distributed to any individual or entity that,
during the period for which funds under this General Appropriations Act are appropriated:
A. Performs an abortion procedure that is not reimbursable under the State's Medicaid program;
B. Is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not
reimbursable under the State's Medicaid program; or
C. Is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the
State's Medicaid program. This limitation on funding does not apply to a hospital licensed under Chapter 241
of the Health & Safety Code, a State hospital, a State-owned teaching hospital, a teaching hospital, a
residency program accredited for medical education, or an office exempt under Section 254.004(2) of the
Health and Safety Code.
By execution of this Contract the Subrecipient hereby certifies that, as a condition of receipt of any appropriated
Funds, it is eligible to receive funds appropriated under the General Appropriations Act, and that it will not utilize
appropriated funds in any way contrary to this Section 45 during the Contract Term.
EXECUTED to be effective on January 01, 2018
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By:
Title:
Date:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Title: Its duly authorized officer or representative
Date:
Page 12 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180002843 FOR THE
FY 2018 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:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form
-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification
is material representation of fact on which 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.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
City of Lubbock
a political subdivision of the State of Texas
By:
Title:
Date:
Page 13 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180002843 FOR THE
FY 2018 COMMUNITY SERVICES BLOCK GRANT PROGRAM ("CSBG")
CFDA#93.569
ADDENDUM B
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988: 45 CFR
Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a Federal agency may
designate a central receipt point for STATE-WIDE AND STATE AGENCY -WIDE certifications, and for
notification of criminal drug convictions. For the Department of Health and Human Services, the central point
is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health
and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under paragraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title, to every grant officer or other designee on whose grant activity
the convicted employee was working, unless the Federal agency has designated a central point for the receipt
of such notices. Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2),
with respect to any employee who is so convicted-
(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 Lubbock
1625 13th St
Lubbock, TX 794013830
Page 14 of 17
Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites
where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State employees in each local unemployment
office, performers in concert halls or radio studios). If Subrecipient does not identify the workplaces at the
time of application, or upon award, if there is no application, the Subrecipient must keep the identity of the
workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify
all known workplaces constitutes a violation of the Subrecipient's drug -free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the Department awards
the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates
the requirements of the Drug -Free Workplace Act, Department, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug -Free Workplace Act.
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By:
Title:
Date:
Page 15 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180002843 FOR THE
FY 2018 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.
City of Lubbock
a political subdivision of the State of Texas
By:
Title:
Date:
Page 16 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 61180002843 FOR THE
FY 2018 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 paragraph (1)(b) of this
certification; and
(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.
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 subgrants, subcontracts and in all solicitations for subgrants and
subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION-SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the Department awards
the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification, in addition to
any other remedies available to the Federal Government, the Department may terminate this Contract for cause or
default.
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By:
Title:
Date:
Page 17 of 17