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HomeMy WebLinkAboutResolution - 2009-R0377 - Agreement - TX DHCA - CSBG ARRA - 09/10/2009Resolution No. 2009—RO377 September 10, 2009 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement, by and between the City of Lubbock and the Texas Department of Housing and Community Affairs (TDHCA), from the Community Services Block Grant American Recovery and Reinvestment Act (CSBG-ARRA) program, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th day of ATTEST: Rebecca Garza, City Secretary APPRO4' EU AS TO CONTENT: Bill Howerton, Jr. Community Development PPROVED AS TO FORM: Attorney SBG-ARRA Assistance Prog-TDHCA tember .2009. ` ,/ ee2�Z TOM MARTIN, MAYOR Resolution No_ 2009-RO377 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 11090000555 FOR THE FY 2009 COMMUNITY SERVICES BLOCK GRANT PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT CFDA#93.710 SECTION 1. PARTIES TO THE CONTRACT This contract is made by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, (herein the "Department") and City of Lubbock (herein the "Subrecipient"), SECTION 2. CONTRACT PERIOD This contract shall commence on August 01, 2009, and, unless earlier terminated, shall end on September 30, 2010 (herein the "Contract Period"). SECTION 3. SUBRECIPIENT PERFORMANCE A. Pursuant to the Community Services Block Grant Act, 42 U.S.C. 58901 et seq. (herein the "CSBG Act"), Subrecipient shall operate, on an equitable basis throughout Subrecipient's service area, a program to ameliorate the causes of poverty. Subrecipient shall provide services and activities of the type specified in 42 U.S.C. §9907(b). Subrecipient's service area consists of the following counties: LUBBOCK B. CSBG funds should primarily be focused on efforts which create sustainable economic resources. Eligible entities should provide a wide range of innovative employment-related services, use funds in a manner that meets the short-term and long term economic and employment needs of individuals, families and communities; and make meaningful and measurable progress toward the reform goals of the Recovery Act with special attention to creating and sustaining economic growth and employment opportunities. CSBG funds may be used to carry out activities under Sections 674 through 679 of the CSBG Act. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of Subrecipient's satisfactory performance of this contract, as determined by Department, Department shall be liable for actual and reasonable costs incurred by Subrecipient during the contract period for performances rendered under this contract, subject to the limitations set forth in this Section 4, I, Department's obligations under this Section are contingent upon the actual receipt by Department of funds from the U.S. Department of health and Human Services (hereinafter "HHS"). If adequate funds are not available to make payments under this contract, Department shall terminate this contract and shall not be liable for failure to make payments hereunder. 2. Department is not liable to Subrecipient for any cost incurred by Subrecipient which: a. is subject to reimbursement by a source other than Department; b. is for die performance of services or activities not authorized by 42 U.S.C. §9907(b), is for one of the activities prohibited in 42 U.S.C. §9918, or which is not in accordance with the terms ofthis Contract; c. is not reported to Department on CSBG American Recovery and Reinvestment Act (ARRA) Monthly Expenditure Report within sixty (60) days following the termination ofthis contract; d, is not incurred during the Contract period; e. is incurred for the purchase or permanent improvement of real property. Page 1 of 10 B. Excess Payments Subrecipient shall refund, within fifteen (15) days after Department's request, any sum of money paid to Subrecipient by Department which Department determines (1) has resulted in an overpayment to Subrecipient or (2) has not been spent strictly in accordance with the terms of this contract. Department may offset or withhold any amounts otherwise owed to Subrecipient under this contract against any amount owed by Subrecipient to Department arising under this contract. C. Limits of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by Department under this contract shall not exceed the sum of $626,462.00 SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. Subrecipients may request a working capita[ advance for 30 days cash needs. In order to request an advance payment, subrecipient must submit to Department a properly completed Performance and Expenditure Report that includes a request for advance funds (Projected Expenses). B. Subrecipient's requests for advances shall be limited to the minimum amounts needed for the effective performance of this contract, and shall be timed as closely as possible with Subrecipient's actual immediate cash requirements. Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Subrecipient and the disbursal ofsuch funds by Subrecipient, C. Department may use a cost reimbursement method of payment if (1) Department determines that Subrecipient has maintained cash balances in excess of need, (2) Department identifies any deficiency in the cash controls or financial management system used by Subrecipient, or (3) Subrecipient fails to comply with the reporting requirements of Section 11. D. All funds paid to 'Subrecipient pursuant to this contract are paid in trust for the exclusive benefit of the low-income population of Subrecipient's service area and for the payment of allowable administrative expenses. SECTION 6, COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. 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 Uniform Grant Management Standards, l T -AC. ¢5.141 et seq. (herein "Uniform Grant Management Standards"). All references therein to "local government' shall be construed to mean Subrecipient. B. None of the costs described in Appendix C of OMB Circular No. A-87, as modified by the Uniform Grant Management Standards, shall be allowable unless Subrecipient has obtained Department's prior written approval to incur such cost. C. Use of Alcoholic Beverages. None of the funds provided under this contract shall be used for the payment of salaries to any employee who uses alcoholic beverages while on active duty. No funds provided under this contract for travel expenses shall be used for the purchase of alcoholic beverages. Page 2 of 10 SECTION 7. TERMINATION AND SUSPENSION A. 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. Department shall notify Subrecipient in writing at least thirty (30) days before the date of termination. B. Nothing in this Section 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. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this contract. C. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this contract by Subrecipient. Department may withhold any payment due to Subrecipient until such time as the amount of damages due to Department is agreed upon or is otherwise determined. D. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this contract. SECTION S. CHANGES AND AMENDMENTS A. Any change in the terms of this contract required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulations. B. Except as otherwise specifically provided herein, any change in die terms of this contract shall be made by an amendment in writing and signed by both parties to this contract. SECTION 9. TECI-MCAL ASSISTANCE AND MONITORING Department or its designee may conduct periodic on-site monitoring and evaluation of the efficiency, economy, and effectiveness of Subrecipient's performance of this contract. Department will advise Subrecipient in writing of any deficiencies noted during such monitoring. Subrecipient shall respond to the monitoring report by the required deadline. Department will provide technical assistance, upon request, 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 will 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, 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 law. SECTION 10. RETENTION AND ACCESSIBILITY OF RECORDS A. Subrecipient shall maintain fiscal records and supporting documentation for all expenditures made under this contract in accordance with the Uniform Grant Management Standards, Common Rule, §_42. B. All information collected, assembled, or maintained by Subrecipient shall be made available to the public during normal business hours in compliance with the Texas Public Information Act, Texas Government Code, Chapter 552. C. Subrecipient shall give the U.S. Department of Health and Human Services, 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 arc retained by Subrecipient. Subrecipient agrees to maintain such records for three (3) years in an accessible location and to cooperate with any examination conducted pursuant to this Subsection. Subrecipient shall include the substance of this subsection in all subcontracts. Upon termination of this contract, all records are property of the CSBG. Page 3 of 10 SECTION I1. REPORTING REQUIREMENTS A. Subrecipients are required to submit a monthly Performance Report and Expenditure Report no later than the 15th day of the calendar month. However, monthly Reports for the last month of the calendar quarter are due no later than the fifth (5th) day following the end of the quarter. Subrecipient must submit the first Performance Report and Expenditure Report no later than September 15, 2009 regardless of whether Subrecipient makes a fund request. The monthly Performance Report and Expenditure Report are due no later than: October 5, 2009 November 15, 2009 December 15, 2009 January 5, 2010 February 15, 2010 March l 5, 2010 April 5, 2010 May l5, 2010 June 15, 2010 July 5, 2010 August 15, 2010 September 15, 2010 October 5, 2010 B. Subrecipient shall submit to Department, no later than 60 days from the end of the contract, a final CSBG ARRA Performance Report and a final CSBG ARRA Expenditure Report containing a full accounting of all funds expended under that allocation. C. Subrecipient shall submit to Department, no later than November 30, 2010, a cumulative inventory of ail equipment acquired, in whole or in part, with funds received under this contract D. If Subrecipient fails to submit timely, any report the Department may, in its sole discretion, suspend payments, deoboligate funds, and/or initiate proceedings to terminate the contract. 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. E. Subrecipient shall track all funds under this Contract and their projected statuses separately from all other funds, and shall assist Department in preparing and filing the Department's recipient reports required by Section 1512(c) of the American Recovery and Reinvestment Act of 2009. Subrecipient shall provide to the Department, not later than five (5) calendar days atter the end of each calendar quarter, the following information: I _ An estimate of the number of jobs created and the number ofjobs retained by the project or activity; 2. For infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Contract, and the name of the person to conlact, and contact information, if there are concerns with the infrastructure investment; 3. The names and total compensation of the five most highly compensated officers of the entity if - a. the recipient in its preceding Fiscal year received - i. 80 percent or more of its annual gross revenues in Federal awards; and ii. $25,000,000 or more in annual gross revenues from Federal awards, and Page 4 of 10 b. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 [26 USC § 6104], 4. Vendor information including description of products or services, name, zip code, DUNS number, payment amount; and 5. Any other information requested by the Department related to the Contract. F. Failure to submit information requested as per the aforementioned paragraphs may result in suspension of payments, deobligation of funds, and/or termination of this contract. SECTION 12. PROPERTY REQUIREMENTS A. Subrecipient may not use funds provided under this contract to purchase personal property 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. B. Upon the termination of this contract, Department may transfer title to any such equipment having a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving funds under the CSBG Act. SECTION 113, INDEPENDENT CONTRACTOR Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and, to the extent allowed by law, indemnify it against any disallowed costs or other claims which may be asserted by any third party in connection with Subrecipient's performance of this contract. SECTION 14. SUBCONTRACTS A. Subrecipient may not subcontract the primary performance of this contract and only may enter into contractual agreements for consulting and other professional services including, but not limited to, auditors and attorneys, 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 9. B. In no event shall any provision of this Section 14 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 Section 14 does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to insist upon Subrecipient's full compliance with the terms of this contract, and by the act of approval under Section 14, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. SECTION 15. REQUIREMENT FOR FIXED-PRICE CONTRACTING To the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixed-price contracts through the use of competitive procedures. Subrecipient shall post a summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures on the federal website established pursuant to Section 1526 of the American Recovery and Reinvestment Act of 2009. Page 5 of 10 SECTION 16, CONFLICT OF INTEREST/NEPOTISM A, Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts, 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. 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 deobl igation of funds. SECTION 17. REQUIREMENT TO POST NOTICE OF WHISTLEBLOWER RIGHTS AND REMEDIES Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistleblowers under Section 1553 of the American Recovery and Reinvestment Act of 2009. SECTION 18. COMPLIANCE WITH LAWS Subrecipient shall comply with the CSBG Act and with the rules and regulations promulgated there under, and with all federal, state, and local laws and regulations applicable to the performance of this contract, including 10 TAC, Part 1, Ch 5, Subch. A, and Title 10, Part 1, Ch 5, Subch B. SECTION 19. 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 Uniform Grant Management Standards, Common Rule, §_.25. SECTION 20. NON-BINDING GUIDANCE Department may issue non-binding guidance to explain the rules and provide directions on terms ofthis contract. SECTION 21. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person shall on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief 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. SECTION 22. PREVAILING WAGES AND RATES PAID TO SU13RECIPIENTS AND SUBCONTRACTORS Notwithstanding any oilier provision of law and in a manner consistent with other provisions of the American Recovery and Reinvestment Act of 2009, all laborers and mechanics employed by Subrecipient and subcontractors on projects funded directly by or assisted in whole or in part by and through the federal government pursuant to the American Recovery and Reinvestment Act of 2009 shall he paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 3[ of title 40, United States Code. Page 6 of 10 SECTION 23. LEGAL AUTHORITY A. Subrecipient represents that it possesses the legal authority to enter into this contract and to perform the services Subrecipient has obligated itself to perform hereunder. B. The person signing this contract on behalf of Subrecipient hereby warrants that he/she has been duty authorized by Contract to execute this contract on behalf of Subrecipient and to bind Subrecipient to the terms herein set forth. C. 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 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 Department has terminated this contract for reasons enumerated in this Section 23. SECTION 24. DESIGNATED SURRECIPIENT CONTACTS Subrecipient shall designate, in writing, at the time Subrecipient executes this Contract, one or more responsible and qualified individuals as points of contact with the Department to maintain a flow of current information relating to the receipt, deployment, management and use of funds received under this Contract. Any changes in the information reported must be reported to the Department within seven (7) days_ SECTION 25. AUDIT A. For any fiscal year included within the Grant Period during which the Subrecipient expended $500,000 or more in total federal or $500,000 in total state financial assistance, Subrecipient shall arrange for the performance of an annual audit of the funds received and performances rendered under this grant agreement. The audit shall he made in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. ch. 75; and OMB Circular No. 133 (as revised on 6/30/1997), "Audits of States, Local Governments, and Non -Profit Organizations." The term "federal financial assistance" includes awards of federal financial assistance received directly from federal agencies, or indirectly through units ofstate and local government. B. Notwithstanding Subsection A, of this Section 25, Subrecipients expending less than $500,000 in Federal financial assistance or $500,000 in State financial assistance, may arrange for the performance of an annual financial statement audit. Such audit should include verification of all expenditures by budget category, in accordance with final Expenditure Report submitted to close out allocation year. C. Subrecipient shall submit three (3) copies of such audit report and any associated management letter to the Department, 2 copies to the Portfolio Monitoring and Compliance Divison and l copy to Community Affairs Division, within the earlier of thirty (30) days after receipt of the auditors report(s), or nine (9) months after the end of the audit period. Subrecipient shall make audit report available for public inspection within thirty (30) days after receipt of the audiigs). Audits performed under this Section 25 are subject to review and resolution by Department or its authorized representative. D. For any fiscal year ending within or immediately after the Grant Period, Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60) days after the Subrecipients fiscal year end. E. Department reserves the right to conduct additional audits of the funds received and performances rendered under this grant agreement. Subrecipient agrees to permit Department or its authorized representative to audit Subreciptent's records and to obtain any documents, materials, or information necessary to facilitate such audit F. Subrecipient shall be liable to Department for any costs disallowed pursuant to audit(s) of funds received under this agreement. Subrecipient shall reimburse such disallowed costs with funds that are not provided under this contract. G. Subrecipient shall ,procure audit services through an open, competitive process at least once every four years. The auditor shall retain working papers and reports for a minimum of three years after the date of issuance of the auditor's report to the auditee. Audit working papers shall he made available upon request to Department at the completion of the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this part Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. Page 7 of 10 SECTION 26. TRAVEL Allowable travel costs under this contract shall be determined in accordance with OMB Circulars A-122 or A-87, as applicable, any Department directives on travel, and with Subrecipient's written travel policy. 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. Prior to incurring any costs for travel, Subrecipient must provide Department with a copy of its travel policy and evidence that such policy has been approved by Subrecipient's governing body. If Subrecipient has no established written travel policy, the travel regulations applicable to Department employees shall apply. SECTION 27. POLITICAL ACTIVITY PROHIBITED A. None of the finds 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 official or employee of Subrecipient 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. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. 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 of Subrecipient, the State of Texas, or the government of the United States. C. None of the funds under this contract shall be expended in payment of the salary for full-time employment of any employee who is also the paid lobbyist of any individual, firm, association, or corporation. None of the funds provided by this contract shall be expended in payment of the partial salary of a part-time employee who is required to register as a lobbyist by virtue of the employee's activities for compensation by or on behalf of industry, a profession or association related to operation of Subrecipient. A part-time employee may serve as a lobbyist on behalf of industry, a procession, or association so long as such entity is not related to Subrecipient. Except as authorized by law, no contract funds shall be expended in payment of membership dues to an organization on behalf of Subrecipient or an employee of Subrecipient if the organization pays all or part of the salary of a person required to register under Chapter 305, Govermnent Code. D. None of the funds provided under this contract shall be paid to any official or employee who violates any of the provisions of this section. E. Programs assisted with CSBG ARRA funds shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel, in a manner supporting or resulting in the identification of such programs with - 1. any partisan or non partisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office; 2. any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or 3. any voter registration activity. SECTION 28. SECTARIAN INVOLVEMENT PROHIBITED No funds received by Subrecipient hereunder shall be used, either directly or indirectly, to support any religious or anti -religious activity. SECTION 29. PROHIBITED USES OF FUNDS Subrecipient shall not use any of the funds made available under this Contract for any casino or other gambling establishment aquarium, zoo, golf course, or swimming pool. Page 8 of 10 SECTION 30. COPYRIGHT Subrecipient may copyright materials developed in the performance of this contract or with funds expended under this contract. Department and HHS shall each have a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government purposes. SECTION 31. 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 fully cooperate with Department's efforts to detect investigate, and prevent waste, baud, 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 32, HB 1196 CERTIFICATION Subrecipient certifies that it, 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. Section 1324x, Subrecipient shall repay the public subsidy with interest, at the rate of 5%u per annum, not later than the 1201h day after the date TDHCA notifies Subrecipient of the violation. SECTION 33. SB 608 CERTIFICATION Under Section 2261.053, Texas Government Code, Subrecipient certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if certification is inaccurate. SECTION 34. LEGAL USE OF FUNDS CERTIFICATION Subrecipient hereby certifies, as a condition to receiving funds from the Department under this Contract that the funds will he used in accordance with state and federal laws. SECTION 35. MAINTENANCE OF EFFORT Funds provided to Subrecipient under this contract may not be substituted for funds or resources from any other source nor 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 36. 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 37. SEVERABILITY If any portion of this contract is held to be invalid by a court or administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding. Page 9 of 10 SECTION 38. ORAL AND WRITTEN AGREEMENTS All oral and written agreements between the parties relating to the subject matter of this contract have been reduced to writing and are contained in this document and the exhibits attached hereto. SECTION 39. COMMUNITY ACTION PLAN Each eligible entity, as a condition to receipt of funding under this Act, shall revise and submit to the Department a Community Action Plan (CAP) if the activities and services proposed in this contract go beyond the scope of the previously submitted and approved CAP Plan. SECTION 40. EXPENDITURE RATE A. All funds must be fully expended by September 30, 2010, B. At 10 months in the Grant Period, the Department shall review expenditure rates of all subrecipients and may recapture funds ifthe Department determines the subrecipient has expended less than 75% of funds. SECTION 41. SPECIAL CONDITIONS The Pro -Children Act of 1994, [20 U.S.C. Sec. 6081 et seq.] requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the 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 States or local governments by Federal grant, contract, loan or loan guarantee. SECTION 42. JOB POSTINGS ON WORKINTEXAS.COM Subrecipients must post all oftheir contract -related job opportunities on the Workintexas.eom website. SECTION 43, POSTING OF PROCUREMENT OPPORTUNITIES In addition to following any applicable state or local procurement laws, Subrecipient shall timely provide the Department with an electronic version of any notice of procurement opportunity for posting on the Department's website. SECTION 44. EXCLUDED PARTIES LIST SYSTEM By signing this contract, Subrecipient certifies that neither it nor its current principle parties are included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it will not award any funds provided by this contract to any party 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 Excluded Parties List System @ httpa/www.ep(s.gov/ or by collecting a certification from the potential subcontractor. Effective Date: August 01, 2009 City of Lubbock By: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: This contract is effective when signed by the Texas Department of Housing and Community Affairs Executive Director or his authorized designee. Page 10 of 10