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HomeMy WebLinkAboutResolution - 2015-R0199 - Amendment To Contract - TX DHCA - CSBG, Poverty Reduction Services - 06/11/2015No. 2015-RO199 No. 6.4.2 11, 2015 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, Amendment No. 1 to Contract No. 61150002167 dated January 4, 2015 for poverty reduction assistance services through the Community Services Block Grant, by and between the City of Lubbock and the Texas Department of Housing and Community Affairs, and related documents. Said Amendment 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 June 11, 2015 . cif .:ERTSON, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Karen Murfee, Community Nevelopment Director APPROVED AS TO FORM: Justin . Pr itt, 4sistant Ulty Attorney ccdocs/RES.Amendment— Amend. 1 — Cnt. 61150002167 (CSBG) May 14, 2015 Resolution No. 2015-RO199 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENTNUMBER 1 TO CONTRACTNUMBER. 61150002167 FY 2015 COMMUNITY SERVICES BLOCK GRANT PROGRAM (CFDAN93.569) This Amendment Number 1 to Community Services Block Grant Program Contract Number 61150002167 ("First Amendment") by and between The Texas Department of Housing and Community Affairs, a public and official agency of the Stale of Texas ("Department"), and City of Lubbock, a political subdivision of the State of Texas ("Subrccipicnl"), hcreinafler collectively referred to as "Panics", is executed to be effective on March 01, 2015. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that Community Services Block Grant Program Contract Number. 61150002167 to be effective on January 4, 2015 ("Contract"); and WHEREAS, the Panics desire to umend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the Parties agree as follows: SECTION 1. Section 4. A Deoanment Obligationsof this Contract is hereby amended to mad as follows: "Section 4. A. Department Obligations. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse the actual allowable costs incurred by Subrecipient during the Contract Term, and preaward administrative expenses from January 1, 2015 in an amount up to 5184,893.00 in accordance with the budget as approved by the Deportment and the terms of this Contract." SECTION 2. Section 35 B. Community Action Pion, of this Contract is hereby added to read as follows: "Section 35B. Community Action Plan, To retain eligible entity status, Subrecipient will submit a community needs assessment to the Department on June 30,2015." SECTION 3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terns of this First Amendment. In the event this First Amendment and the terms of the Contract are in conflict, this First Amendment shall govern, unless it would make the Contract void by law. SECTION 4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION S. This First Amendment may be executed in several counterparts, each of which shull be deemed to be an original copy, and all of which together shall constitute one agreement binding on Ponies, notwithstanding that all the Panics shall not have signed the same countcrpan. SECTION 6. If any of the Panics returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of Its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. Page I of 2 SECTION 7. By signing this First Amendment, the Panics expressly understand and agree that its terms shall become a part of the Contract as irk were set forth word for word therein. SECTION 8. This First Amendment shall be binding upon the Panics hereto and their respective successors and assigns. SECTION 9. This First Amendment shall be effective and memorializes an eRcctivc date of March 0l, 2015. WITNESS OUR HAND EFFECTIVE: March 01, 2015 SUBRECIPIENT: City of Lubbock a political subdivBio f t Texas By: Title: 'T Mayor Date: June 11, 2015 DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and orBeha agency of the Stale of Texas By: Title: Its duly authorized orlicer or representative Date: Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACTNUMBER 61150002167 FORTHE FY 2015 COMMUNITY SERVICES BLOCK GRANT PROGRAM ('CSBG') CFDA893.569 SECTION 1. PARTIES TO THE CONTRACT This Community Services Block Gran Program Contract Number 61150002167 ('Contract') is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the Stye of Texas, ("Department') and City of Lubbock it political subdivision of the State of Texas ("Subrenpiem'( hereinafter the 'Parties". SECTION 2. CONTRACT TERM This Contract shall commence on January 04, 2015, mid, uniess earlier tcrmtrmted, shall end on Drcemler 31, 2015 ("Contract Tenn"). SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA Pursumu to Chapter 106 of the Community Services Block Grant Aa (42 U SC. §9901 m seq) (herein the 'CSBG Act'), as amended by the 'Community Services Block Grant Amendments of 1994' (PL. 103.252) and the Coats Human Services Reauthonaetion Am of 1998(P.L. 105.285); Chapter 2306of the Texas Government Code (herein the "State Act'), the implementing State regulalions under Title 10, Pan 1, Chapter land Chapter 5, Subchapters A and B of the Texas Administrative Code, as amended or supplemented from time to time (herein the 'CSBG Stine Rules or IOTAC"), and the Departments guidance related to CSBG, Subrecipiem shall operate on an equitable basis throughout Subrecipient's service area and shell utilize funds for the reduction of poverty, the revitalization of communities, and the empowerment of lowincome families and individuals to become fully eelfmffaenl Subrempienr shall provide services and activities of the type specified in 42US.C. §§ 9901, 9907excluding (c), and 9908. Subrecipiem agrees to perform all activities in accordance with the annual Community Action )Nan (os deOled in Section 35 of this Contract), the terms of the performance statement and budget submitted with the annual Community Action Plan approved by the Department as said performance statement and budget may be amended from ame to time; the cenl0cations attached hereto as Addendum A. B, C. and D. all well addcndums and exhibits incorporated herein for all relevant purposes; the assurances, eerilicaum, and all other statements mode by Subrecipient in Its application for funding under this Contract, and with all oder terms, provisions, and requirements herein sci forth. Subrmiplents service area wnsism of the foilowing courmia. LUBBOCK SECTION 4. DEPARTMENT OBLIGATIONS A in consideration of Submciptem's satisfactory performance of this Contract, Department shall reimburse the actual allowable cosh incurred by Subrecipicnt during the Contract Tenn , and preaward administrative expenses from Januery I. 2015 in an amount up to 592,404.00 in accordance with the budget as approved by the Department and the tenor of this Contract B. Any decision to obligate additional funds or deobligate funds shall be made in witting by Department in its sole discretion based upon the sinus of fulling under grants to Department and Subrecipient's overall compliance with the terms of this Comma C DeptutmentS obltgauons under this Contract are contingent upon the acaml receipt of adequate CSBG funds from the US Deportment of Health and Human Services (heretm0er 'HHS') and the Stine of Texas If sufficient funds are not available to make payments under this Convect, Department shell notify Subrecipunt in writing within a reamnable lime after such fact o determined. Department shall then terminate this Convect end will not be liable for the fmlurc to make tiny payment to Subrecipiem 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 Subreapient under this Conms:L Pngc 1 of 16 0 Department shall not be liable to Subrecipient for certain costs, mc:udmg but not limned in Costs which. I have been reimbursed to Subrecipient cr are subject to reimbursement to Subrenpient by any source other than Department, 2 we not allowable costs, as set forth in the CSBG An, 3 ore not sinetly in accordance with the tame of this Contact. including the addendums and exhibits: 4 have net been reported to Departnem within forty-five (45) days following termination of this Contract, or 5 we not incurred during the Contract Term or we not pre -award adminisuauve expenses floor January I, 2015 E Subrecipient shall refund to Department any sum of money which has been paid to Submcipicm by Department, which Deportment determines has resulted in an overpayment, or which Department determines has not been spent strictly in eccardaxc with the terms of the Contract Subrahpieor shall make such refund within fifteen (15) days afur the Departments request F Department shall not reless: any funds under this Contract until Department has detetmmed in writing that Subrcchpicas fiscal control and fund accounting procedures we adequate to assure the proper disbursal of end accounting for such fiords. SECTION S. METHOD OF PAYMENT/CASH BALANCES A Subrinipants may request an advance for up to thirty (30) days, As per the Uniform Grant Management Standards, 34 TAC Chapter 20, Subchapter 1 (heron 'UGMS'), a cash advance must be limited to the minimum amount needed and be timed to be to accordance with the anual, immediate cash requirements, of the Subrecipient in carrying oat the purpose of this Commict. B. In order to request an advance payment. Subrecipient must submit to Department a property completed Expenditure Report that includes a request for advance funds (Projected Expense) together with such supporting documentation m the Department may tcasortably request. C Subrecipum shall establuh procedure to minimhu the time elapsing between the transfer of funds from Department to Subrecpient and the disbursal of such funds by Subrenpknt. D Subsection 4(A) of this Contract notwithstanding, Department rcurve the right to utiltu a modified cost reimbursement method of paymcmt whereby reimbursement of costs incurred by a Subrecimcm is made only after the Department has reviewed and approved backup documentation provided by the Subrecipient to suppon such costs for all funds, if at any it= (1) Depwunent detnmrrta that Subrecipiew has maintained cash balance in excess of need, (2) Department identifies any deficiency in the cash controls or financial management system used by Subrccipienr, or (3) Subrecipient fails to comply with the reporting requirements of Section 10 of this Contract E All funds paid In Subrecipient pursuant to this Contract we fin the payment of allowable expenditures to be used for the exclusive benefit of the low-income population of5ubreehprenrs service area F Department may onset in wuhho;d any amounts otherwise owed to Subrecipient under this Contact against wry amount owed by Subrecipient w Department arising under this Contract SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A Except as expressly modified by low or the terms of this Convect. Subrecipient shall comply with the amt principles and uniform administrative requirements tit forth in the UGMS as in exutctae on October 1, 2014. All references therein in 'local government' shall be construed to mean Subrecipicnt. B. Except m expressly modified by law or the units of this Contract. Subreciplent shall comply with the uniform cost principles for local, suite and Indian tribal governments set forth in OMB Circular A47, as implemented by 2CF.R Pan 225and uniform administrative requhmnenu for govemnens set forth in OMB Circular A-102 OMB Circular A-133'Awhs of Stites, Local Governments. and Non -Profit Organinthons,' sets forth audit standards for governmeal orgonumwm and other organizations expending Federal funds The expenditure toehold requiring an audit under circular A-133 is 5500,000 of Fedcml funds or 5500,000 of State funds C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subretipient for toss incurred or peribnownes tendered for activities specified in the CSBG An. D. Subreoiphent may incur costs fin activities associated with the closeout of the CSBG contract for a period not to exceed fatty five (45) days from the end of the Contract Tenn. Page 2 of 16 SECTION 7. TERMINATION AND SUSPENSION A As per Ig TAC 5206, Department may terminate or i mpcnd this Contract, in whole or in pan, at arty time Deparunem determines that there Is ruse for termination. Cause for termination includes, but is not limited to, Subrnipiert's failure to comply with wry term of this Contract or reasonable boiler that Subrecipient cannot or will not comply with the requirements of this Contract. If the Department determines 00 an Subrecipient has failed to comply with the terms of the Contract, or to provide services that meet appropriate standards, goals, or other requirement established by the Departmen4 the Deparanem will notify Subrceipicm of the drimmncies to be connected and require the deficiencies be corrected prior to implementing suspension B Nothing in this Section shall be amounted an limit Department's authority to withhold payment and immediately suspend this Contract if Department identifies possible instances of fraud, chase, waste, fiscal mismanagement, or other defimencies in Subreeipient's performance including but not limbed to, Subrecipiem's failure to comet any monionng findings on this or any state contract or on a single audit review. Suspension shall be a temporary measure pending either corrective anion by Subrnipient or a decision by Department to terminate this Contract C Departmem shall not be liable for my calm incurred by Subrecipicm ager termination or during suspension of this Contract. D. Notwithstanding any exercise by Department of it right of termination or suspension, Submcipient shall not be relieved army liability to Department for damages by virtue of arty breach of this Contract by Subrnipicm. SECTIONS. PROHIBITED USE OF FUNDS Subrnipient may not use funds under this Conant for the purchase or improvement of land or the purchase, construction, m permanent improvement of any budding or other facility This provision may be waived in the Dep runcries salt discretion as outlined in 42 USC §9918(x)(2) SECTION 9. RECORD KEEPING REQUIREMENTS A Subreeipiem shall maintain flswl and programmatic records and supporting documentation for all expenditures mode under this Contract in accordance with the UGMS and Section 111, Common Rule State Uniform Administrative Requirements for Grant and Cooperative Agreement, Subpart C -Post Award Requirements, .42 For purposes of compliance, all assniated documentation must be readily available, whether stored elniromwlly m hard copy to Justify compliance with program rules and regulations. B. Open Records. Subrecipient acknowledges that all information collated, assembled, or maintained by Subrecipient pertaining to this Contract is subject to the Texas Public Information Act Chapter 552of Texas Government Code and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contact subject to and in oaordance with the Texas Public information Act C Subrnipicm shall give the 11HS, the.US. General Accounting Office, the Texas Comptroller, the State Audnofs Office, and Department, or any of their duly authorized representatives, access to and the right to cxamme and copy, on or off the premises of Subrecipient, all records pertaining to this Contact. Such right to access shall continue as long as the records we retained by Subreciptent. Subreciptent agrees to mamm such records in an accessible location for the greater of. (i) four (4) years; (it) if notified by the Deportment in writing, the date that the final audit is accepted with all audit issues resolved to the Deparbnerifs satisfaction; (in) if any litigation claim, negotiation, inspection, or other action has started before the expiation of the required retention period records must be retained until completion of the action end resolution of all issues which aria under it; (iv) a date consistent with any other period required by federal or state law or regulation. Submcipienl agrees to cooperate with any examioetion conducted pursuant to this Subsection. Upon termination of thisContract, all records are property, of the Deportment D. Submicipient shall include the substance of this Section 9 in all subcontracts SECTION Ig. REPORTING REQUIREMENTS A. Subrmipient shall submit to Department such reports on the performance of this Contract as may be required by Department including, but not limited ta, the reports specified in this Section B. Subrecipient steal: electronically submit a Performance Report and Expenditure Report to the Department on or before the ftBeenth (15th) day of each month following the reported month in the Contract Term, regardless of whether Subrecipient makes a fund request. Subrecipient must file a monthly Performance and Expenditure report at a timely manner, prior to accessing funds The failure of Subrecipicnt to provide a full actounung of sit funds expended under this Contract shall result m the automatic suspension of the ability of Subinipient to request reimbursements and shall be identified m a finding in any monimnng review in accordance with the Stare CSBG Rules. Page 3 of 16 C. Subrecipient shall submit a fnal Performance Report and a final Expenditure Report to the Department after the end of the Contract Term. Subrecipient mast file a frail Performantt and Expenditure report within forty-five (45) days offer the end of the Contract and prior to accessing funds in the subsequent fiscal year The failum of Subrmipent to provide a full accounting of all funds expended under this Contract shall impact the ability of Subrechprem to request reimbursements and shall be identified as findings in monitoring reviews. D. Subrecipient she)] annually submit to Deportment, no later than forty-five (45) days after ft lamination of this Contact, a cumulative inventory of all equipment acquired, in whole or to part, with funds received under this at previous CSBG contacts. 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) days of its due date, any report or response required by tits Contract, including responses to monitoring reports. Department may. in its sole discretion, suspend payments, plea Subrecipient on can reimbursement method of payment, and initiate proceedings to emirate the Contract If Subrecipient receives CSBG funds from Department over rwo or mom conmact tams, termination proceedings may be initiated on this Commt for Subrecipient's failure to submit a report, including an audit report, past due from a print contrail F. Subreciptem shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central Contactor Registration (CCR) System number. 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 haps/Avwwsamgov website. These documents must be provided to the Department prior to the processing first payment to Subrecipient. Subecipient shall maintain a current DUNS number and CCR number for the enure Contract Tenn SECTION 11. CHANGES AND AMENDMENTS A. Any change, addition, or deletion to the terms of this Contract required by a change in suite or federal law or regulation is automatically incorporated herein and is effective on the data designated by such law or regulations B. Except as specifically provided otherwise in this Contact, any changes, additions, or delcthons to the terms of this Contract shall be in writing and executed by both Parties to this Convect. If any Party returns an executed copy by facsimile machine: or electronic transmission, the signing party intends the copy of its omhorved signature printed by the receiving machine or the elecmonic transmission, to be its original signature C. The Department must receive any Contract amendment requests in writing no lata than forty-five (45) days prior to the end of the Contact Ten. The Dcpartmem may consider, in its sole discretion, written contact amendment received within forty-five (45) days of the end of the Contract Term_ SECTION 12. PROGRAM INCOME Subrecipient shall account for and caped Program income derived from activities frmoced in whole or in pen with funds provided under ibis Contact in accordance with the UGMS, Common Rule, 4_25 and OMB Circular A-102, Amchmeny s -e SECTION 13. TECHNICAL ASSISTANCE AND MONITORING Department may issue ethnical guidance to exp:ain the nu. s and provide duccttons m terms of this Contract Department m its desigrrce may conduct periodic on-site tronttormg and evaluation of the efficiency, economy, and efficacy of Subreciphent's performance of this Contract. Department will advise Subrecipimt in writing of my defchenchu noted during such monitoring. Department will provide technical assistance to Subrecipient and will require or suggest changes in Subrecipienfs program hmplememation or in Subtaipicnt's accounting, personnel, procurement, and management procedures in order to correct arty deficiencies noted. Department may conduct fo:lmv-up visits to review and acus the efforts Subiccipient has made to coria previously noted deficiencies Department may place Subrcchpsent an a con reimbursement mood of payment, suspend or terminate this Cataract, or invoke other remedies in the event monitoring or other mltoblc sources reveal material deficiencies in Subrechphents performance or if Subrcchprera fails to comet any deficiency within the time allowed by federal or state law or regulation err by the terns of thisContract SECTION 14. INDEPENDENT SUBRECIPIEM1T It is agreed tot Department is comweting with Subrecipent as an independent contractor Page 4 of 16 SECTION IS. PROCUREMENT STANDARDS A. Subrecipient shall comply with 45C.F.R §92.36, UGMS, this Contract, and all applicable federal, state, end local laws, regulations, and ordinumea for making procurements 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 cast (the act invoice unit price of an item of equipment) of more than 55,000 unless Subrecip(ent has received the prior written approval of Department for such purchase C When the Subreciptent 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 tide to any such property of equipment to the Department or to a third party or may seek reimbursement from Subrenpiem of the current unit price of the item of equipment, In Department's sole daetminaton. Submcipimt mica request permission from the Department to transfer title or dispose of equipment purchased with CSBG grant funds 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 print written approval. Submeipient may subcontract for the delivery of client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client assistance wilt be subjat to monitoring by the Department us per Section 13 of this Contract. B In no event shall any provision of this Section 16, specifically the requirement that Subrecipient obmin Deparonent's pnor written approval of a subcontractor, be construed as relieving Submerpient of the responsibility fm ensuring that the performances rendered under all subcontracts am rendered so as to comply with all of the tams of this Contract, as if such performances rendered were rendered by Subrecipient Department's approval under this Section does not constitute adoption, ratification, or acceptance of Submcipient's or subconbactols performance hereunder Department maintains the right to monitor and require Subrecipnent's full compliance with the Terms of this Contract. Departments approval under this Section does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. SECTION 17. AUDIT A. Submtirpient shall ammile for the performance of an animist financial and compliance audit of funds received and performances rendered under this Contract, subject to the following conditions and limitations I. Subrecipient shall have an audit conducted in accordance with 45C.FR §92.26, OMB Circular A-133; and 31 USC 7501 for any of its fiscal years Included within the Contract Term in which Submcipient has expense of mart than $500,000 m state funds or 5500,000 in federal financial assistance provided by a federal agency to the form of grants, contracts, bans, loan gutronma, property, cooperative agreements, interest subsidies, insurance of direct appropriations. but does not include direct federal cash assistance to individuals. The term federal financial assistance includes awards of financial assistance received directly from federal agencies, or indveedy through other units of Sute and [met government. 2 At the option of Subrecipient, each audit required by this Section may cover Subieciplimes entire operations or each department, agency, or establishment of Subrecipient which received, expended, or otherwise administered federal funds. 3 Notwithstanding anything to the contrary herein, Submcipient may utilize funds budgeted under this Comm to pay for that porton of the cast of such audit servica properly allocable to the activities funded by Department under this Contract. 4 Submalpient shall submit one (1) copy of such audit report and any associated managemem letter to the Department's Cornplimice Division within the earlier of thirty (30) days after receipt of the auditoes report(s), or nine (9) months after the end of the audit period. Subrecipient shall submit such audit report to the Federal Clearinghouse designated by OMD in accordance with OMB A-133. In conjunction with its Single Audit submission to the Department, the Subtaipient shall provide documentation reflecting its submnssam or the Audit m the Federal Cleannghuuse. Subrecipients may email an electronic version of the Audit and Federal Clearinghouse documentation to the Compliance Division m: saandoc(gdheasmrea.us Subrecipient shall make audit report available for public inspection within thirty (3D) days after receipt of the audit repon(s). Audits performed under this Section are subject to review and resolution by Depanment or its authorized representative. Page 5 of 16 B Notwithstanding anything herein to the contrary. Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Contract Subrecipient agrees to permit Department, or its authorized representative, to audit Submcipient's recxuds and to obtain any documents, materiels, or information necessary to facilitate such audit. Such financial and compliance audits may occur after the close of the Contract Term C. Subreopient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audiles) of funds received under this Convect. Subrecipient further understands and agrees that reimbursement to Department of such disallowed costs shell be paid by Submcipmnt from funds which were not provided or otherwise made available to Subrecipienl under this Contract. D. Subramphent shall facilitate the performance of such audit or audits conducted pursuant to this Section as Department may require of Subrompient. E All approved CSBG audit reports shall be made available for public inspection within thirty (30) days after completion of the audit F. The Subrempient shall include language in any subcontract that provides the Department the ability m directly review, mo inor, and/or audit the operational and financial performance andlor records of work performed under this ConUacL G Department reserves the right to conduct additional audit of the funds received and performances Towered under this Contract Subrecipicnt agrees to permit Department or its nuthorizcd representative to audit Subrecipient's records and to obtain any documents, nueicrials, or information necessary to faciliwe such audit. H. For any fiscal year ending within or immediately after the Contract Tom, Subrecipient most submit an 'Audit Cendication Form' (available from the Department) within sixty(60)days after the Subrecipiemfs fiscal yearend. SECTION I& TRAVEL Subreoipient shall where in OMB Circular A•97and either its board -approved travel policy, or the Store of Texas travel policies. Subrecipient's wrieen travel policy shall delineate the rates which Subrempient shall an in computing the Travel and per diem expenses of its board members and employees. SECTIONI9. LITIGATION AND CLAIMS Subrempieit shall immediately provide Department with written notice of my claim or action filed with a coon or administrative agency against Subrecipient arising out of the performance of this Contract or any subcontract hereunder Submaipiem shill provide Department with copies of any and all relevant papers Subreciphent receives with respect in such action or claim. SECTION 20. LEGAL AUTHOWY A. Subrechphent auurcs and guarantees trot it possesses the legal authority to enter unto this Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrcciphcnt has obligated itself in perform hereunder. The execution, delivery, and performance of this Contract will not violate Subreciphenes constitutive documents or any requirement to which Subrachpient is subject and represents the legal, valid, and binding agreement of Subtropical, enforceable in accordance with its terms. B The person signing this Contracts on behalf of Subrwipicat hereby wormats that hdshe has been duly authorized by Subrecipimes governing board to execute this Contract on behalf of Subrecipiem and to validly and legally bind Subreehpicm to the Terms, provisions and performances herein. C. Department shall have the right to terminate this Contract hf there is a dispute as to the legal authority of either Subrechpicnt or the person signing this Contract on behalf of Subremplent to enter into this Contract or to rewer performances hereunder Subrecipheit is liable to Department for any money it has received from Department for performance of the provisions of this Contract, of the Department has terminated This Contract for reasons enumemled in this Section 20 Page 6 of 16 SECTION 21. COMPLIANCE WITH LAWS A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shell comply with the CS13G 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, stare, and local laws and regulations applicable to the perfomuuicc of this Contract. B LIMITED ENGLISH PROFICIENCY (LEP). Subrecipient_s must provide program applications, forms, and ed"umal materiels in English. Spanish, and any appropriate language, based on the needs of the service arca and in compliance with the requirements in Executive Order 13166of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with Limited English Proficiency have meaningful excess to the program Meaningful access may entail provide language assistance service, including oral and written translation, where necessary SECTION 22. PREVENTION OF WASTE, FRAUD, AND ABUSE A. Subrecipient shall establish, maintain, and utilize systems and procedure to ptcvem, detect, and correct waste, fraud. and abuse in activities; funded under the Contract. The systems and procedure shell address possible waste, fraud, and abuse by Subrecrpent, its employees, clients, vendors, subcontractors and admtnistenng agencies Subreapients internal controls systems and all transections and other significant events we to be clearly documented, and the documentation is to be readily available for monitoring by Department. B Sub ctipient Shall give Deportment complete access to all of its records, emp:oyees, ad agents for the purpose of monitoring or investigating the CSBG program. Subnecipient shall immediately notify Deponmrnt 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 ch=minate against any employee or other person who reports a violation of the terms of this Contract. or of any law or regulation, in Department or to arty appropriate law enforcement authonry, if the report is made to good faith. SECTION 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS Pursuant to Chapter 2269 of the Texas Government Code, by execution of this Contract. Subrenpent hereby cenifies that Subtecipient, or a branch, division, or department of Subrocipnent 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 fon permanent residence to the United States or authorized under low to be employed to that manner in the United States If, after receiving a public subsidy, Subrecipient or a branch, division, m department of Subrecipient a convicted of a violation under 8 U.S.C. Section 1329a (0, Subrecipient shall repay the public subsidy with interest, at the me of five percent (5.t.") per annum, not lata than the 120th day after the date the Department notifre Subrecipient of the violation SECTION 29. CONFLICT OF INTEREST/NEPOTISM A. Subrecipient shall maintain writer, standards of conduct governing the performance of its employees engaged in the award and administration of contracts. B No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contras supported by federal funds of 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, m an organization which employs or is about to employ any of the Parties indicated herein, has a financial or other interest to the from selected fon an award. C The officers, employees, and agents of the Subtecipient shall mother solicit nor accept gratuities, favors, or anything of monetary value from contractors, or ponies to stdwgreemcnis Subrecipients may set standards for situations in which the Financial interest is not substantial or the gill 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 officen, employees, or agents of the Subecipiem. D. Subrecipients who we local govemmenral entities sball, in addition to the requirements of this Section, follow the requirements of Chapter 171 of the Local Govcmment Code regarding conflicts of interest of officers of emancipation, counties, and certain other local governments E Failure to maintain wntren standards of conduct and to fallow and enforce the written standards is e condition of default under this Contract and may result in termination of the Coronas or deobligoum of funds Page 7 of 16 SECf10N25. POLITICAL ACTIVITY PROHIBITED A Now of the funds provided under this contract shell be used for influencing the outcome of arty election, w the passige or defeat of any legislative measure. This prohibition shall not be cormrued to prevent any official or employee or Subreeipicm from furnishing to any member of its governing body upon request, or to my atter local or state official or employee at to my citizen, information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. 8 No funds provided under this contract may be used directly or indirectly in hire employees or in my other way fiend of support candidates for the legislative, exccutivc, or judicial branches of government of Subrtciptent, the state of Texas, at the government of tlic United States. SECTION 26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A A person shall not be excluded from participation in, be denied the berxftts of, be subjected to discrimination under, or be denied employment in the administration of or in connection with my program or activary landed in whole or in pan with funds made available under this Contract, on the grounds of rote, color, religion, sex, national origin, age, disability, political affiliation or belief. 8 Submcipiem agrees to carry on an Equal Employment Opportunity Program in keeping with the principles as provided in Presidents Executive Order 11346 of September 24, 1965. C. Subrecipiern will include the substance ofSection 26 in all subcontracts. SECTION 27, CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS The Deparanma 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 low in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hueneme Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or my other disaster occurring after September 24, 2005, or assessed a penalty in a federal, civil or administrative enforcement action in conation with a contract awarded by the federal govermnent 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, 3005 By execution of this Contract the Administrator hereby cotiftes that it is eligible to participate to this Program and acknowledges that this Contract may be terminated and payment withheld if this certification is inaeawele. SECTION 21. MAINTENANCE OF EFFORT Funds provided to Subrecipient under this Contract may not be substituted for funds or resources lion my other source or in any way serve to reduce the funds or ru ium which would have been available to or pmvided through Subrecipient had this Contract never been executed. Page 8 of 16 SECTION 29. 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 Panics List System (EPLS) maintained by the General Services Administration (GSA) ss provided in the Certification Regarding Debarmem, Suspension and Other Responsibility Matters attached hereto as Addendum D and incorporated herein for all relevant purposes The teats 'covered transaction', 'debarred", "suspended', "ineligible", "lower tier covered Iransactian", 'pmucipant', 'person , "primary covered transaction', 'principal', 'proposal', and "voluntarily excluded', es 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 Subrecfprent also certifies that it will not knowingly award any funds provided by this Contract to any person who is propomd for debarment muter 48 CFR pan 9, subpart 94 or that is debarred, suspended, or otherwise excluded tram or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees then prior to entering into any agn mem with a potential subcontractor that the verification process to comply with this requirement will be accomplished by checking the System for Award Management (SAM) in www.sam.gov and including a copy of the results in Its projat 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 48CFR part 9. subpart 9.4, debarred, suspended, mehgtble, or voluntarily excluded from the covered transaction, unless Subrecipient knows that the certification is enonecus; Fadure of Subrecipient to furnish the certification attached hereto m Addendum D or an explanation of why it cannot provide said certification shall disqualify Subrecipient Rom participation under this Contract The certification m explanation will be considered in connection with the Departments determination whether to continue with this Contract. Subrecipient shall provide immediate written notice to Department if at any ume Subrecipient tarns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances Subrecipient further ogees by executing this Contract that it will include the cenifiation provision titled 'Certification Regarding Debarment, Suspemmon, Ineligibility and Voluntary Excimive-Subconbuciss,' as set out in Addendum D, without modification, and this language under this Section 29, in all its subcontracts. SECTION 30. FAITH BASED AND SECTARIAN ACTIVITY Fids provided under this Contract may not be used for sectarfan or inherently religious activities such m worship, religious dmstruclion or prosclydration, and must be for the benefit of persons regardless of religious ainhation. Subrecipient shall comply with the regulations promulgated by the HHS at 45 C.F.R. §57.2 SECTION31. COPYRIGHT Subrecipient may copyright materials developed in the performance of dub Contract or with funds expended under this Contact Department and HHS shall cath have a royalty -free, nonexclusive, and inevoable right to reproduce, publish, or otherwise use, cod to authome others to use, the copyrighted work for government purposes. SECTION 32. NO WAIVER Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy, not shall any action taken in the exercise of any right or remedy be domed a waiver of any other right or remedy The fsilue of Department to exercise any right or remedy on any occasion shall not constitute o waiver of Department's night to exercise that or any other right or remedy at a later time. SECTION33. SEVERABILITY If wry section or provision of this Contract is held to be invalid or unn forccable by a court or an administrative tribunal of competentjunin iction, the remainder shall amain valid and binding. SECTION 34. ORAL AND WRITTEN AGREEMENTS A. All oral and written agrecmenus between the parties to this Contract relating to the subject mann of this Contract have been reduced to writing and are contained in this Contract. B. The attachments enumerated and denominated below are a pan of this Contract and constitute promised performances under this Contract. 1. Addendum A - Cenification Regarding Lobbying for Contracts, Grants, Loans, and Coopermtve Agreements 2. Addendum B- Certification Regarding Drug -Free Workplace Requirements 3. Addendum C- Certification Regarding Environmental Tobacco Smoke 4. Addendum D - Certifiation Regarding Debarment, Suspension and Other Responsibility Matters Page 9 of 16 SECTION 3S. COMMUNITY ACTION PIAN A. As a condition of receipt of funding under the Act. Subreeiptent shell submit to the Deportment a community anion plan including National Performance Indicators('NPI') for2016 funding that includes. I a description of the service delivery system targeted to low�iricome individuals and families in the service area, including homeless individuals and families, migrants, and the elderly poor, 2 a descnption of how linkagm will be developed to fill identified gaps in services duough information, referral, case management, and follow-up consultations, 3 a description of haw 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 selLsufictency, family stability, and community reviialrration. B To retain eligible entity smtas, Subrecrimm will submit a community needs assessment to the Department on Juno I, 2015 C Subrecipienr must attain previously identified 2015 NPI targets within 20 percent variance by the end of the Contract Term. Subreoipient mutt request in writing any adjustment needed to a NPI target to the Department for review and approval no later than August 31, 2015. SECTIONX USEOFALCOHOLIC BEVERAGES Funds provided under this Contract may not be used fa the payment of salarres 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 37. FORCE MAJURE If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to perform hereunder A. Arry of the following events. (i) catastrophic weather conditions a other extraordinary elements of nature or act of God, (it) aces of war (declared or undeclared), (fit) acts of terronsm, insurrection, nots, civil disorders, rebellion a sabotage; and (iv) quarantines,embargaes and other similar unusual actions of federal, provincial, local or foreign Govemmenml Authorities; and B The non-perfomeing party is without fault in causing or failing to prevent the occumeme of such event, and such occurrence could not have been cimumvcmed by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable ahetrative sources, workaround plans or other means. SECTION 38. TIME IS OF THE ESSENCE Time is of the essence with respect to Subrecipicnt's compliance with all covenants, agreements, Berms 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 shelf constitute one and the same insaument. 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. SELTION 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. Page 10 of 16 SECTION41. NOTICE A. If a notice is provided concerning this Contract, notice may be given at the following (herein mfetred to as 'Notice Address'). As to Department TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P. O. Box 13941 Austin, Texas 78711-3941 Attention Michaei De Young Telephone (512)475-2125 In (SI2)475-3935 mrchael dryoung@tdhcostate tx us As to Subree(pleaL City of Lubbock PO Box 2000 Lubbock TX 79457 Attention: Glen Robertson, Mayor Telephone: (906) 775-2301 Fax: (806) 775.3917 B. All notices or other communications hereunder shall be deemed given when do ivered, =tied by overnight servim or five days after mailing by cerufted or registered mail- postage prepaid. return receipt requested, addressed to the appropriate Notice Address as de0ned In the above Subsection A of this Section 41 SECT1ON4L VENUE AND JURISDICTION This Contract is delivered and mlended to be performed in the State of Texas. For purposes of litigation pursuant to this Contract, venue shall lie in Travis County, Texas. EXECUTED Iabe effective on January 04, 2015 SUBRECIPIENT: City of Lubbock a paiilkal subdivision of St erof By Title:Ma r Daae: June , 2015 DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMM UNITY ,v FFAIRS, a public and oincial agency of the Stale ofTexu By Title: Its duly authorized officer or representative Date: Page I I of 16 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 61150002167 FOR THE FY 2015 COMMUNITY SERVICES BLOCK GRANT PROGRAM ('CSBG') CFDA093.569 ADDENDUM A CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of its knowledge and belief, that: I No Federal appropriated funds have born paid or will be paid by or on behalf of the undersigned, many 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 arty Federal grunt, the making of any Federal loaq the entering into of any coop:rativo agreement, and the comaian, continuation, renewal, amendment or modification of arty Federal contract grant, loan, or cooperative agreement. 2 If arty funds other then Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influenee on officer or employee of wry agency, a Member of Congress, an air= or employee at Congress. or an employee of a Member of Congess in connection will this Federal coneacl, grant loan. or cooperative agreement, the undersigned shall complete and submit Standard Foran -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of the certification be included in the award documenu for all subawards at all tiers (including subcontracts, subgronts, and contracts under grants, Ioans, and cooperm vc agreements) mail that all subrocipicnu shall certify and disclose accordingly This certification is rumored representation of fact on which reliance was placed when this transaction was made or emmed into. Submission of this certification is a prerequisite for making or entering into this translation imposed by Section 1352, Tide 31, US, Code. Any person who fails to file the required certification shall be sub)ea in a civil penalty of not less than S I0,W0 and not more than 11100.000 for each such failure, STATEMENT FOR LOAN CUARANTEFS AND LOAN INSURANCE The undersigned states, to the best of its knowledge and belief. thin If coy funds have been paid or will be paid to any person fm influencing or attempting to influence an officer or employe: of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection will this commitment providing for the United States to insura or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosum Form to Report Lobbying," in accordance with its hutnulions. Submission of this smtemrnt is a prerequisite for making or entering into this trerumction imposed by section 1352, title 31, U S. Code Any person who fads to file the required statement shall be subjem to a civil penalty of not less than 510,000 mid not marc than S 100,000 for each such falum. City of Lubbock a political subdivision of the State of Testi By Title:Mayor Dme:June 11, 2015 Page 12 of 16 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 61150002167 FOR THE FY 2013 COMMUNITY SERVICES BLOCK GRANT PROGRAM ('CSBG') CFDAM93.S69 ADDENDUM B CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Thu «nfeatian is required by the regulations Implementing the Drug-Fme Workplace Act of 1988. 45 CFR Pan 76, Subpar. F. Sections 76.630(e) and (d)(2) and 76.64S(a)(1) and (b) provide that a Federal agency may designate a central receipt paint %Or STATE-WIDE AND STATE AGENCY -WIDE cerj)lcatians, and far notification of Mounted drug convictions. Far the Department of Health and Human Serdres, the central point it Division of Grams Management and Oversight, Office a) Atanagement and Acquisition. Department of Health and Human Services. Roan 317-D, 300 hndependence Avenue, SIP IPashington, DC 20201. The undersigned certifies diet it will or will continue to provide a drug -fire: 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 grantees workplace and specifying the actions that will be taken against employees for violation of such prohibition, (b) Establishing an ongoing drug -Rae awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-frec workplace; (3) Any available drug coursseling, 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 - (I) Abide by the tam ofthe statement; and (2) Notify the employer in writing of his or her conviction far a violation of a =mine] drug statute occurring in the workplace an later than five calendar days alter such conviction, (e) Notifying the agency in writing, within 10calendar days after receiving notice under paragraph (dX2) from an employee at otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position life, to every grant Officer or other da iproc an whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices Notice shell include the identification numbers) of each affected grant. (I) Taking one of the following actions, within 30calendor days of receiving notice under paragraph (dK2), with respect to my employcewho is so convicted• (t) Taking appropriate personnel action ugonat such an employee, up to and including termumlion. consistent with the requirements of the Rehabilitation Act of 1973, m amended, or (2) Requiring such employee W participate satisfactorily in a drug abuse asimance or rehabilitation program approved for such purposes by a Federal, Slate, or local health, law enforcement, or other appropriate agency; (g) Making a good fish effort to continue to maintain a drug-ftee workplace through implementation of paragraphs (a), (b). (c), (d). (e) and If)- Place(s) of Performance (sne(s) for the performance of work done in cannecuan with the specific grant] (include street address, city, county, state, cep code) 2 3. 4 Page 13 of 16 Workplace identifications most include the actual address of buildings (or pans of buildings) or other sites where work under the grant takes place Categoncal descriptions may be used (c g., all vehicles of a mass transit authority or State highway department while in operation. State employees in each local unemployment: aRa, performers to concen halls or radio studios). If Subrecipicnt does not identify the workplaces at the time of application, or upon awmd, if them is no application, the Subretipient 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 cor6atutes a volution of the Subreeipienfs drug -fire 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 Subrecipicnt knowingly rendered o fatsc certification, or otheswiu violates the requirements of the Drug -Free Workplace Act. Department, in addition to any other remedirs available to the Federal Government, may take action authorized under the Drug -Fra Workplwc Act SUBRECIPIENT: City of Lubbock a political aubdivisi o eras By TiUr. M Dam June 11, 2015 Page 14 of 16 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 61150002167 FOR THE FY 2015 COMMUNITY SERVICES BLOCK GRANT PROGRAM ('CSBG') CFDAM93.569 ADDENDUM C CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE The undersigned certifies to the foilowing. Public Law 103227, Pan C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, requires that smoking not be permitted in any portion of arty indoor routinely owned or leased or contacted 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 to services are funded by Federal programs either directly or through State or local governments, by Federal grant, contram 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 inpatem 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 Sl 000 per day and/or the imposilion 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 applicantgrunke further agrees that it will require the language of this cenifrcatron be included in any subawards which contain provisions for the children's services and that all subgramm shall certify accordingly City of Lubbock a pdilkal sabdiv, fl It of Tests, By Title. R Date: Jt ne 11. 2015 Page is of 16 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACTNUMBER 61150002167 FORTHE FY 2015 COMMUNITY SERVICES BLOCK GRANT PROGRAM ('CSBG') CFDAM93.569 ADDENDUM D CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS The undersigned unifies, 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 volunurily excluded by any Federal department or ugcnry; (b) Have not within o three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a enminal oRmu in connection with obtaining, attempting to chum, or performing o public (Federal, State or kcal) wnsacuon ar contract under a public transaction, violation of Federal or State antiwsr statute or commission of embenlement, thefk forgery, bribery, falsification or destruction of records. making false srau menti, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental amity (Federal, State or IoW) with commission of any of da offens m enumerated in parogmph (1)(b) of th s unification, and (d) Have not within it three-year period preceding this applicatiordproposal had ane or more public transactions (Federal, State or local) terminated for cause or default. Where the undersigned Subrecipitnr is unable to unify to any of the statements in this unification, such Subrecipient shol; attach an explanation of why it cannot provide said certification to this ContracL The undersigned Subrecipient further agrees and certifia that it will include the below clause oiled 'Certification Regarding Debammnt, Suspension, Ineligibility and Voluntary Exelusion,SubcontrattsiLower Tier Covered Tmnsffition; without modification, in all subgnants, subcontracts and in all solicitations for subgrunu and subcontracts "CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS (1) The prospective lower tier panicipant/subcono for unifies, by submission of this proposal, thm neither it nor its principals is presently debarred, suspended, proposed for debarment, declared iraligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the prospective lower tier panicipaNlsubcontractor is unable to certify, to any of the smtemeoa in this txrtrRcatiam, such prospective participant shall attach an explanation to this proposal LOWER TIER PARTICIPA,NT/SUBCONTRACTOR: ISrgnw=) Titre: Date This unification 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 emancous unification, to addition to any other remedies available to the Federal Government, the Department may terminate this Contract for cause or dafault SUBRECIPIENT: City of Lubbock a polilkal subdivisl of he us Texas By Tick: WrR Date: June 11, 2015 Page 16 of 16