HomeMy WebLinkAboutRES 13-265RESOLUTION NO.13 -265
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the original and amended Texas Department of
Housing and Community Affairs (TDHCA) budgets, attached hereto as Exhibits "A" and "B;"
and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a contract with the Texas Department of Housing and Community
Affairs (TDHCA), attached hereto as Exhibit "C," and agreements with Some Other Place,
Family Services of Southeast Texas and Catholic Charities of Southeast Texas for client
outreach, emergency shelter and other homeless prevention services.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
November, 2013.
U
VA I
�x3]r`-4
(�ayor Becky Ames -
2013 ESG Program Budget
Enter the requested information into the yellow cells and sign below.
Subrecip)ent Name;
City of Beaumont
Categories
Budget
Street Outreach
$31,600.00
Emergency Shelter
$33,760.00
Essential Services
Operations------
$33,760.00
Renovation
Major Rehab-i.11'tation
Conversion
Uniform Relocation Assistance
Homeless Prevention
$65,918.00
Housing Relocation and Stabilization Services - Financial
$1,200.00
Housing Relocation and Stabilization Services - Services
$12,518,00
Tenant-based Rental Assistance
$52,200.0.0
Protect -based Rental Assistance
Rapid Re-housing
$65,472.00
Housing Relocation and Stabilization Services - Financial
$6,249.00
Housing Relocation and Stabilization Services - Services
$6,460.00
Tenant-based Rental Ass'stance
$52,763.00
Project-based Rental Assistance
Homeless Management Information System (HIMS)
$9,500.00
Administrative Costs
89,243,00
Totall
$215,493.00
Page I of I
•
2013 ESG Program Budget
Enter the requested information into the yellow cells and sign below,
Subrecipient Name:
City of Beaumont-2nd Revised
Categories
Budget
Street Outreach
$31,600.00
Emergency Shelter
$33,760.00
Essential Services
Operations
$33,760.00
Renovation
Major Rehabilitation
Conversion
Relocation Assistance
—Uaiforrn
Homeless Prevention
$65,918.00
Housing Relocation and Stabilization Services - Financial
$1,200.00
Hol ising Relocation and Stabilization Services - Services
$12,518.00
Tenant-based Rental Assistance
$52,200.00
Project-based Rental Assistance
Rapid Re-housing
$69,994.00
Housing Relocation and Stabilization Services - Financial
$6;249.00
Housing Relocation and Stabilization Services - Services
$6,460.00
Tenant-based Rental Assistance
$57,285.00
Project-based Rental Assistance
Homeless Management Information System (HIMS)
$9,500,00
Administrative Costs
$4,721.00
Total
$21.5,493,00
Page I of I
I'1r,XAS DEPAR'T34iL:Nh OV IIOUSING AND COMMUNITY AFFAIRS
CONTRACT NO 42130001767 FOR Tl -II:-'
FY 2013 r MF- 'ftGLNCY SOLUTIONS GRANTS (ESG) PIWGRAM
Cl'DA NO. 14.231
SECTION 1. PAITI I fCS TO I'll E, CONTRACT
This rincrgency Sohitions Chants Contract No 42130001767 (harcin the "Cotitiacr') is Mode by and between the Texas
Depimircin of Housing and Community Affairs, a pubiie and official agency or the State or Texas, (hercinaflur the
"Departrntcnt ") and City orM-nutnont, a political subdivision (if the State ifTexas ( hereinafter the "Subrceipieut" ).
SECTION 2. CONTRACT TERM
This Contract shall comitionce on Ocittbet, tit, 2M3, rind, unless caber ter;ninated, shall end on Septer"ber 30, 2014
%hetcat the "CAruritCI Ter it ").
SEC. TION 3. 5lTI3Rk;CiPIhN'T' f'1 "sRIrC)12AfiAP C1 "s
Subrccipient ,hall dcvclop anri intplelitent an II'mcrgency Solutions Grants Program (`ESG ") in accordance with the leans
of this Contract and the Exhibits attached to this Contract incorpnrated herein fix all rclmint purposes, Subrecipient shall
davefop and implement the ESG to assist 1)(IMCI SB individuals or persons at risk of homclessness to quickly regain
stability it iterrnaneut how;ing aRer experiencing a hottsing crisis andlor hrnnelessness. Subrecipient shall implement F'SC
it, accordance with, but rent limited to, the provisions of the Homeless Emergeney As.sislance and Rapid Transition to
Housing Act, as amended (42 USC 11302 et. seq.) (hercinalier the "i'edcral Act"), the LI S. Department of Idousing and
Urban Dcvelopmelit (hareinaflwr "HUD ") regulations eudiflcd in 24 C P.R. Pacts 85, 91, 576, 582 and 583 (hereinafter the
")'cdcra; Regulations "), the implementing State miles under Title 10, TART I, Chapter 5, Subchaplers A and K of the
Texas Administrative Code, Rs amended or supplomemcd f,om time in time (hcrcafler tile. "PSG Sttite Rules "), and any
al3}�irr ^tbkc. (Alice, of Manlilcrmanl and Budget (OMIT) Circulars. Sub'eoipient shall perform all activitieg lit accordance
v,-th the tcmis of the Pcrfostnencc Document (fiercimailer "l xhibit A "); the Budget ( hereinaler "Exhibit 11 "j; the Match
Requirements Docunnent (hc:mnaficr "Exhibit C "); the Applicable Lnws and Reg'L&6ons (hereinafter "Exhibit D "); file
Cain icmion Regarding i.obbving for Contracts, Grants, 1,oans, and Cooperativv Agreements (hereinafter "Exhibit G"); tine
assarances, ccnifications, and other suUemcnis made by Subrccipient in its ESCt application, and with kill other terns of
this Contract. If the persons in benefit from lhr: activities described in Exhibit A are not receiving u service or benefit, the
Zubrec pient is liable in repay She Dciiaritnetti any associated disallott'ed Costs,
A. Subrccl,nienl shall not expend funds on tiny iwtivity requiring tr ne.w 1.710curenient under this C'oniract prior to
November 3, 2013
B. Dming the Conliiwt feint until Novembur 2, 2011, Subrecipicnt shall unplcment hSO in ac"rdance- with the
rcquu'entmits of the ci went ESG State Rules adopted to tie effective, September 30, 2412. Beginning November 3,
2013, Su'ttrcwpient dial! implement ESG in accordance with tic requirements of the 50 State Rules, us .tmenced Ica
oe of ecitvc Novombcr 2, 201:3
<C. PerFormall" rei.ated to established turgcts will be reported in the CSG momhly perfbrmance report and
eceomplislimcrrt h) meeting targets may be considered in applicalions li.r `i.iure ilin; int; opentlunities with the
D. All funds ;rust be tally expo ndcd within the Cmilract 'Perm and must be expended ai a cute acceptable to tho
Department and as indicated in fixhibit A. "11'C I >epatlmernt rescrvcs the right to request an expenditure pan if it
oppcars iumis will no( be expended within the Contract Tomn-
i'ttbe 1 oC3,i}
SECTION 4. DFPAIt'PMCNT FINANCIAL, OBI,iGA'I'IONS
A. In consicfcration of tiubrecipient's ongoing unc aatisfiactory performanae of this Contract, Dcpartment shall rcimbutsu
Subrccipicnl for the actual allowable eosts incurred during fhe Contract Ter +n by Suhrecipivit in the amount specified
in the "Budget" tittachcd hr +rein as fixhibil L3 e!' This (;:ontract.
B. Any decision to obligate additional funds or dcobligntu tbads shall be made in wnhoL, by Department in its sole
discretion based upon the status of' funding undcr grants to Deparhnent and Subrccipicnl', overall compliance with the
terms of this Contract.
C. Department's obligations under [his Contract arc contingent upon the actual receipt of adequate 17SG funds ]rein IRM
It' xutTicient funds a,c not available to make Ixtyments tinder this Contract, Department shall notify Subrecipient ie
writing urilhin it reasonable time after such fact is determined. Deparhnent shall then terminal, this Contract and wilt
not be liahle f'or the failure to make any payment to Suhrccipien[ undcr this Contract.
D. Subrecipient .shall refund to Department any sum of money which has been paid to Subrecipient by D,partment, which
D,pariment dciermines has resulted in an overpayment, which the Deparnuctit has determined was from activity undcr
it newly procured cuntraet or subeonuaci proca;rod on or before Noventbet 2, 2013, or which Depamnent detcrraittes
has ;tot been spnm strictly in acenrdance with the terms cr( this shall make such refund Within
fiAcen (15) days after the Department's ic.quesf.
1 Not.vithstanding any other provision of this Ccntt'act, Department shall only be liahle to Subrecipient for eligible costs
I ncurred or perforinarlces mideced 12rr activities specified in 24 CT R. &576 of ilte Federal Rcgolations.
SUCTION r5, METHOD OF PAYMENT /CASIM BALANCES
A. Subrecipients may request a one tithe working capital advance for thirty (30) days crash needs of an advance of $5,000,
whichever is giortter. In order to request an advance payment, Subrecipient must submit to Department it properly
eo+npicirci expenditure rcpoil that includes i request for advance funds (Projected F.xpcnses), Thereafter, rho
Subrecipient will be reenborsed for rite amount of actual crash dishurscmeans, a ±ciinbursament basis
it, Subrecipient shall establish procedures to miniutize flee tittle elapsing between the tfta+zslAr of fonds front Department to
Subrecipient and ttic disbursement of such f Ends by Subrecipiew,
C� Section 5(A) nolavithsuanding, 1 ?epartmetu raservcs the right to use a modified cost reimbursomew method of payment
tt,'iercby renobulsemcn( of costs incurred by it Subrecipient is naada only alter file De {ter #ni,nt has reviewed and
approved backup documentation provided by the Subrecipient to support such costs for all funds if at any time (1)
Dcparutaent determines that Subrecipient has mainutined cash balances in excess of need, {2) llepartinont identifies ally
defcluncy in dic cash controls of i'insmoiid nran8,gcrilent syslcm usc6, by Snbraeipiertt, or (3) Subtmpicni fails ti
comply with the reporling requirements of scclion 12 ofthis Contract.
1), All 'lords paid to St,brecipien[ pursuant to this Contract ivt for the exclusive benefit of the eligible recipients of LSG
services and for the payment of allowable expenditun -
I:. Departntent may of m or withhold any amounts othctwise owed to Subrecipient under this Contract against any
amount owed by Subrccipicnl 1e D,partmcnt arising under this Contract.
SIVIJON 6, COST PRMNC.IPLIS AND ADNIINisnz.vI'rvL uQuIRl"mLN'fS
A. Except as expressly :nodi(ied by law or 0 =e terms of this ContmCt, subrccipicnt shall comply with the cost princip3cs
and unitin-m adrninis.raiive requiromenis set forth in the Uniform (;.ant Mmafzcmeni Stmmlards, ILt TA.C. §5.10 et
seq (h,reinaftor "Uniform Grant Manage[nerit Standards") All refe•cnccs [heicin to "local gov, ^,French;" shall I,ec
construed (Cl Inefirt Su3'01c1o1ent
It uniform cost principles for governments arc set forth in OMB Circular A -$7 as impleinciited by 2 C.—;,R Pen: 275.
Uniform adnriitistmtive requirements for governments are ser forth in OMB Cfrurlar A -102, OMB Circular A -133
"Audits of Statcs, Local Governments, and Non - Profit Organizations," ,ms forth audit standards for gov,.,mmewot
organizations and ot:;er organizations expending Fixieral funds. 'the expcodifure thimbuld requiring an await undr�r
Circular 1. -133 is $S aO,tiG(i art irednra( ik de or50t),000 of Stata funds.
Page 7 tof20
C. Dcpartmethl shall not be tinkle. to Subrceeipicnt for erertain costs, including but not liniiled to costs hvhich:
(1) Have beCll reiMbtrCSCC to Subrecipient or arc Suhject to riir (xirserhhcrpt to Subrecipient by any scare- other tlaun
Dc;partmenl;
{2) A "o nw al lolY;.ble costs,
(3) Ar, incurred to involuatiary separate a famify;
(4) For units of load government, is incurred to replace funds provided by the local govcrnrncnt for street oaatreach
and emergency shelter services during the preceding 12 -month period without !IUD exception;
(S) Arc incurred to provide certain tegai services for immigration and citizenship matters and issues relating to
lywagages,
;6) Are incurred to proyidc certain substance nbuse ireEtinent services;
f7) Are incun'cd to pay arrcrars for temporary stwnge fees;
(t;) Are incurred to try Or otodify a debt;
rg) Are incurred to ucq iirc property or to construct new I :roperty;
(10) Are incurred for tnc rchabilitalicn of structures to the extent that those structures are used for inherently religious
actit ;(i ^s;
II) Arc expended on rehabilitation activities prior to the submission of a i',cqucsi for Rcicasc of Funds and ,prior to
the tulcasc of" funds by 1 tUD;
(I2) A'e rct stricliy in i+ cordance witty lhic terms ofthrs Contract, including the f zhiitits;
(13) 1l1ve nest hccn reported to Deptrtment within sixty (60) days following terrninauon ol'litis Contract;
(14) Are not incurred= during the Contract "Penn; with the exception of travel <:os:s to attend line September 17-18, 2013
hSC; Implementation A',orkshop in Austin, Texm; or
Arc i:?cun'ed under a new contract of subcontract procured oil or before Novcm'.per 2, 2013,
SECTION', TERMINATION AND SUSPENSiON
A. i'uisuant it) §4,17 of lVe "Ci State Rulcs, Dep.:tment may iennin,hte or suspend th,s Contract, in whole of in pa-t, at
any time Department deicrminos chat there is cause for termination. Cause for tc :mination includes, but is not limited
It), Suhrecfpient's failure to comply with any tern of this (Contract or reasonable belief that Subrecipient cannot or will
not Comply with Elie requirements of this Contnaet If the Department deterulines that art Subrecipient has failed to
ncmply with the tcnns of tlhe Commot, or to provide services that meet appropriate siandtirds, goals, or other
rcg1diemems esmblisihed [w the Deparment, the Department will notify Sublecipicnt of the dcticiencies to be Corrected
sax; tequbrc the del'u`iencics be corrected prior to implementing suspension.
13, Nolhirhg in this Section shalt be construed In limit DelpartmcnC,, authority to withhold payment and imrnetbritely
Suspend this ivnUts;a it" Depwimcm identifies possible insintpces of fimw, abuse, waste, fiscal mis =nana(entctti, or edger
deficiencies in Subrecipiax's performance Suspension shall be. a tcmporaty measure pending either corrective, action
by Subrceipicnt of a :;eoision by Department to lcrmirmlo this Contract_
C: Depw(mwit shall nul be liabl, for any costs incmled by Subrecipient after termination of'Ovs Cowl act.
D. NoMillatanding any cxcrcise by Department of, its right of termination to suspension, Subrccipiertt shall not be
relieved of nny lithbiloy to Depailment for damages by virtue ol'any brcnch of this Contract by Subrecipient.
SECTION S. NIM CFI F2hC'rUli Cs�li V'f
A Subveci,pwnt shall provide, an amount a',' funds equal to the amount Of funds provided by Department under ihiS
:anttract (11cr'cin "Buhr- %cipient's Match "). Subtecipient's Match (Host be provided f }om July 17, 2013 through
September 30, 201-Ifroin sources including any Federal source other tlhat ", the BSC program, ss well e.s chute, local, arc
pri�:Ilc sot,rces. Funds tmd to 111,01) a pirvvion; FSG avatrd may not be ttsed to 1,,%teih ;l,e award ruts {e under this
C:'onlraci. Sulxccipicri's Mrttch play include. resothrees provided by any suhcoritraclo:, or subgrantee io which
Subrm pient provides fund.-, under this Contract.
Page 3 of 20
13_ Amounts may be counted towards Subrcoipient`s Match only if Such amoants are costs or resources of a type specified
in I.;xhibir C and only it' such amounts are computed III accordanec ovtth this Section. In calculating the amount of
Subrecipicnt's Match, Suhrmpicnt nxty inctudr, but is not limited to, cash dotaaGons; the value of any donatted material
w building; the value of any lease un a building, any salary paid to Subrecipient's %Intl" (ur that of its subcontrmwrs) in
carrying out the activities renuircd under this Cortirttct: and iha time and services contributed by volunteers to carry on(
such activities. provided by volunteers umut lxs vowed at rates consistent with thosoi ordinarily paid for snnitar
work in the Subrecipien:'s irtganixnlion or in the %ante labor market. Subreciimem shall determine, the value of 'my
donated )nitei ial or buiklingor any lease using nny method reasonably ealeulaled to establish a. fair m,-ri:et value.
SU —"ION 0. ALLOWA11111"XPINDIT URI?S
A. The nl`owabiiity of Subrecipienl`s costs incurred in the performance of this Contract shall be dcturmined in accordance
with 111e provisions of Section 6 and the regulations set fonh in 10 TAC §5.2002 of the ESG Slate Rules and §576,IUC
throul ;h §576.109 of the Federal Itegulutions, subject to the limitations and exceptions set forth 'n this Section.
13 I?SG funds r.)av usui for adtnini,strativc activities as wall as five program components as set Rath in 24 CA-1(,
§576 -W l tnrough 24 C' t=,R. §576.107 of the Federal Ire ulatinns.
C. Administrative costs incurred by Subrecipienl in peribrming this Contract are to be based on actual proiitamn)atio
expenditures and shall be aliowcd up to the amount outlined in Exhibit B of this Contract. Funds may be used to pay
indirect costs in accordancc with NAB Circular A -0, Eligible adminis(rutivc costs include'
(I) General ntanagentenl, oversight and coordinaticn;
(2) ?'mining on ESG rcquirarneWSs and
3) l:uvironmental rev iew.
SEC "i'ION' IU. IiRN4INA.'TINGASSISTANCE
A If a program parieipant violates program requirements, the Subreei,ovit ratty ternmutto the assistance in accordance
with 24 C 'P.R §576.402 of :hc Federal RegAi6ons.
B. lenma)etion under thi; Section 10 dos not Far tits Subtrcipient from providing further assistance at a later date to the-
sumc lamily or individtrtl.
SECTION 11, RECORD KE6PINC; RIi.QCJI12Ii�If3N'I'S
A. Subrecilmrit shall comply with all the record Itecpiog requirements set forth in 24 CF I't. §576.500 or the Fedcsal
Regulntians and shall maintain fiscal and progrommilou records and supporting dt)cumentation for all cspcndinar_s
mocc under this Cotttra<a
D. O7u"n RCC01'dt: Subrec;pient acknowledges that all information col[cctcd, assembled, or maintained by Subrecipicnt
pertaining to this Contract is subject to the Texas Public Information Act, Chaplcr 552. of �Iexas Governs ;enl Code. an;l
mtast provide citizens, public agencies, and other imeresled pwlies with reasonnblc ttccass to all ,cards pertaining to
this Contract sub.icc: to :.nd in accordance writ the fcxas Public Information Act
Iccv.0 ro Recoide: S,iblecipient shill: give the HUD, the U.S. General Accounting 01fte., the Texas CampLoltcr, 1;)e
Cta+IC Auditor's Office., and Department, of any of IL•cir duly authorized represcmativcx, access to and the right to
exomme and copy, ott or OF the premises of Subrecipimit, all records pco-aimile. to Tnis C'ontmcl. Such right to access
shit'l c<%nti11w ns long ns It)!- records we rcta:ne.d by Suttrecipirtnf.
U. Period of Bu(-n)-;i R 6 >nliac Subrecipient agrees to maintain st:ch mcnrds in an am!ssitic Incation for the �"Feam of
hoc (5; ycau a'ier the expenditure nl all futtt;.s front the grant, or the pe-ricri specified below
(�) FVhcre funds fmn this Contract are used for the rcnovtaiun of an emergency shelter iovolVes costs charred to Nw
EtiG gtktni that :xcecd %evenly -five pcfcen:. (75 °0) of the value. of the building be;;orc tunovmion, rcrord :r must bu
retained until ten ( 10) years aflet the: date that ["SG funds are first obligated fur the renovation.
(2) Whcre finds froin lhi> Contract are used to convert o building into at) emergcnc-y shelter and the erases charged u)
the LSC; -rant for the conversion exceed seventy -live percent (75 %) of the vniue of the building after conversion,
records must be retained until fell (10) years allcr the date that 1-1-SG funds are first obligmed for ti -c conversion.
Page 4 of 20
]i_ Iisceptiom to the record retention periods outlined above include; (1) if notified by the De {>arhtrent in writing, the tWQ
(fiat thu final audit is recepted with all audit issues resolved to the Iyet Zisill mt's saiisfaOols; (ii) if any litigation claim,
ncgotiation, instnctio ?t, or other action has started before the expiration or the required retention parsed records must
ue retained crtlil completion of die action and resolution or all issues which arise under it; (iii) a date consistent with
arty other period required by tedern; or sfitte haw of regulation. Subrccipicnt agrees to cooperrntc with any extrminalion
conducted pursuarlt to this Sobscctioir E. Upon termination of this Contract, all records are property nftlte Department.
F Subrccipicnt shall include (hi:. subStence of (Iris Section I I in all subcontracts.
SI,CTION 12, RF,i3Oit'rjNG RI?QUII rMENTS
A. Subrccipicnt shall submit to Department such reports on the performance ref Ibis Contract as may be required by
DcNirtme ni including, bpi not limited to, the reports specified in this Section 12,
5 Subrecipiont shall ctecoorricnlly submit to the Department no later than the I'cluenth (15th) day of each month
i'o?ltiwinb the pre=firtg month in the Contract Term a pe:rformanec report listing tequired demographic information,
t'nc number of persons assisted, and the ontcomcs achieved in the ,previous month, and an expenditure report fisting als
e>:pm( ilures of' fund" under this Contract during the previous month. These repots ore due raven if Stimt:cipicnt has no
new air;,wity Io report during tire v,onth.
C. `iubrcihicnt must IQPOI clieoldcvcl data in the liomcless P,Irrnagcnont Information Sysleni (IIMIS)• Victim service
or iegal ,orrice provicicts may uric a comparable databasc and are ooi y iegt ired to report al ;gregt +isd data(.
U. Subrecipient sltall suhmil n final performance report and a final expenditure report to the Department within thirty (30)
days nftcr the end of the Contract Term. "Me finilure of Subrecipient to prov;de a fird accounting of all funds expended
under this Contract wi :hilt sixty (60) days Inay be SLIMCicnt reason for Department to deny or terminate a ^y future
contfn ^.tS A'1th Subreci,>ic It If this Contract pt'ovides msistance for renovation, rehabilitation, or Conversion, it
addition to the etecironic final report, Subrccipicnt shall submit cover photographs of the finished constriction work,
and veil fieation of passed inspections in the form of nelfif icate occupancy.
I°:. Subrccipicnt shall subm to Dcpartmeni no later than sixty (60) days after the termination of" this Contract a cumulativc
inventory rcpart 01' all eq_lipnrent having a unit acquisition cost of $500D or more, aequired In whole of in part witl'
(uInds received under this or prcvinus ESG contracts_
F. If Subwciprert rails u7 s.ibmit within rorty -five (45) drys of its dttc date, any report or response. required by Ihis
orttract, including responses to monitoring reports, Deparlinent may, in its sale discretion, suspend payments, plaec
Subrecipient on cost reimbursement method of payment, and initiate proceedings to terminate rile Contract If
9ubiecipicnt rcccivos GSG funds from Department over tavu or nmre Contract 'ferns, turmirtation proceedings may br,
initiated or this Contract for Subrc6picnt's raiitrre to Submit It report, including an audit report, past date from a prier.
,'ontmcl,
G_ Subrecipient Shall provide tile Departmew with it Bata Universal Numbering System (DUNIS) t:umber and a Central
Contractor kegistrution (C'C'R) System number. The DUNS number must be provided in a document from Dun and
I.irausSrctd iand file cinreni CCR number must he submittIr from a document retrievud it'om the hit pslAvti vt _%iIingov
website These dmtl t-rlk must be provided to the Department print to the prneessittg first payment to Sutxaelpient.
Subreci :- ie.irt shall nlirulY.lii3 a ;.nnr.nl 171 iiVS ntnnbe.r and C'(:'R number far the arctic Cnnirrct "ierm-
SECTION 13. CHANGES AND AMENllh4tiNTS
A Any chat r)ge, add ±troll, or ceiction to the terms of this C .drat: required by it change m state or lederal lavv or reguiallon
.a <i;Aomaticaily incaninrated harem and is cf teethe: on the da,.e dcsil, toted by •,uch Iav,, or regulations
B. Exccpt as spccifmc!Iy ptovided otherwise in this Contract, any ehnnges, addilioms or delctions to the terms of this
Contract shirll (X iii variti:ig, anti cxecutec: by both ilartics to this Contract. If any Party rclurns an cxectdcd copy by
Ilresi ndc machine ;?r electronic isdnsnrssion, the signing party intends 'he copy of Its authorized signnturc printed by
the rvcci"inb machine or the electronic ICanmilissiorl, to be its ofiginal signature_
V1 uten ;ecucsts fur Contract amendment mars'{ bei received by Ilse Department by no later than sixty (CO) days prior to
'!m end of th e Contraat'fefltl
l'agc S of 20
SECTION ia. eitt)citnM tNconrr
yt. I'm
gr4ol mcovic shitil have the meaning set forth in 24 Cfr.R. 48525 of cite trcdtual Rvgulwioas v"llich Includes any
Bross income reccive.1 by the grantee or subgrznlec directly generated by a gram supponcd activity, or earner only as a
resin', of the grant agreement flaring tike glint period, which is during the Contract 1'errn. Any security or oulily
dei3osits rcfundc J from vvido: sbould be treated as program income,
13. In accounting for progu,in income, the Subreeipicnt and Affiliate must necuralcly reflect the receipt of Such funds
scporttte from tiie rcceirrt of federal funds and Suhrccipient/AfGliate fortes.
C. I >rngram income ca:'ne;l and expended during the Contract "Icon Shat) count toward fleeting the Subrec#eol's
matc:iing requim- otcnis during the Contract Term and should he rcportccd as match, provided the costs are eligible ESG
costs ihi l supplement file Subrecipient's ESC program.
1). Plugmin iacomc received uy the Subrecipient and Affiliate daring the Conlracl 'term kind not expended during the
contract Term along with progrmin income received two (2) years following the end of the Contract Terni must be
returned to the Depanment Program income must be, returned wilhm ten (10) working days of receipt by tile.
Sulxecinient.
El Program income rcccivrd by the Subrecipicnt and Affiliate after the two (2) year period descrihud in Subsection 1) o±
flits Section 14 is oc, longer prof raw Income, and can he retained by the 5td,resripicru.
SFCTION ls. iNI7l %i'ka Di :4'I' ST I31tiiC1PSl �''1
It is agreed that Dcprli I lent is cotztracting with Subrccipicnt ate an indepmdeni con(ractor.
Si_C;'fION k;. PRC }CLt30sP tGN`i" S "fANE7AI2 €)b
A Sutxacipient shall cninply widi 24 C.P,It Part 85, this Conira<a, and all applicahle tedrrai, state, ar:d local Iwvs,
rt bulzrtivm, and ordinances for rnakme, prnetiremenis under this Contract,
F3. Whci: the Subreuilknt no iongex needs equipment purchased with ESG grant funds, regardless of pmchasa rmce, or
own the terntinatior'r of ihcs Contract, Department may take pvssesion and tratasfer tite to any stash properly or
cuujamum to the Deparoovi t or to a lhird ptarty or ntay Seek reirnbursement from Subrceipicnt of the ctnrcni cols price
of the item of quipmon(, in Depa,iment's sole determination. stihwcipicnl nnast request prmissinn from Ole
Dep;irtment to trtmsfcr title or dispose of quipment purcl�aied with ES(.1 grant f'tm&.
C, Suhiccipien(s mid then eoitraciers must comply with Section 6002 of the Solid Waste I')iSposal Act which requires
pro�ttring only items designated in tike EiiviromneMill Protection Agency (EPA) defines t =taf coniairi tit,, highest
percentage of rcooverai materials_ Subrecipiews mast also:
(1) maintain n sakstitcutry level of c<tttthetitiost it' the purchase price of the item cxcecds S10,000, or the walm of !lrc
quantity acquired in ilie preceding t'sscal year exceeded S 10,000,
(2) mommim cncrgy and resource rccovvy when p-oouring solid waste services, and
establish aft afiirtimiive pmcuremenl progmria `'or recovered materials.
ISre -' )N 17. SUf3C:`ON'i`RACI'S
A Subrenipicnt :nay only subcontract et subaward the primacy performance oil' this Contract to entities identified in its
nppliration as imfirw,ed collabori&vc paiinere, Suhrecipicnt stay only enter into mitractuKal agrecmenis for consulting
and other iirafessiotrtti <C.Iviccs if Submcipium has receiml Dcpartmetu's prior 1aaitleii approval. Stdxccipieni may
srbconu'aet for the de? ven of client assistance without obtaining DcparVnent's prior ;ippruval. An }f subcontract or
other agreoment for (lie delivery of client asst. <,tancc NvAl be to muriiloring by the De -pill meet ns per Section 25
OS ; #LVh (:<s; stn hot
13 In no event shall any provision of this Section 17, specifically the requirement that Suhrecipient obtain Denartnicnt's
,.tior written approval of a subcontractcos. nr subgrantce, be cotistmed m relieving Subacirient of the for
enst.r )C,, that tie perrorniances rendered under all subcon(nacis anti otlicr agreements are rendered so as to comply watt
all of tiie terms of this Contract, as it' such perfot'mances rend e-d were. rendered by Subrecipicnt. Denuruncnl's
applovaal ulluv Ellie. Section 17 floes not constitute adoption, railffteation, of ttcecptarree of SuhrccipieraFs,
sirbconiraeinr's or subl ;rantuu's perfoi ;nonce ltcrcunder. Department maintains the. right to monitor and require
Subrecipient's full oomplianoc with tie terms of this Contract. Loeliamnent's approval under this Section does no; waive
any r :girt of-action whk:h taly exist or hictr nits), subwquentiy accrue to Department under this Contract,
Via);c 0 t;f 20
SECTION 18. E,NVIRONMENTALREVIEW
Amwitics arc subject to environmental revim under 24 CYA Part 58 'file Stabiecipieot stall supply to the Dciiartnteni
all available, relevant huornaation necessary to peilbrm any environnlCntal review required for each properly as re=quired
by 24 C.Ir R. Part 58
The Subrecipicnt, subgruntec or subcontractor may not commit or expend any EiSG funds until an crivironmentei review
that meets the ganrlaros mWined in 24 C F R, Par 58 has been reviewed and appiuvud in wr'itolg by the Depari dent.
SECTION 19. WRITTEN STANDARDS
Sulrrccipicnt must estnblish and consistently apply written standards within its program. Subrecipient must provide
TDHCA a copy of the vvr'itrw standards prior to cataract oxecudnt)_ Required topics for written standards as listed oil 24
CT R k�70 40011c).
SL: {:TION20, At7IAT
A Subrecipicnt shall submit to Department, (vilhin (3) three months after die end of each fiscal yczr, an Audit
Cert;ficaiion Bonn as specified by Department for each fiscal year in which any monk of the Subreciriett's fiscal yeau
overlaps n month of tie Contract Term Unless oflmwise directed by Department Subrecipicnt shall ar tuvge for the
lrer(ormunce of an annual financial and eomplience audit of funds received and performenccs Mldcrcd under this
C';(ontrac;, sut>jr t to the foltuwing ennditions and invitation's
(i) Subrecipi €at shall have all audit conducted in accordance wild 24 C.F.12. §8526, ONM Circular A -)Y"+ and 31
US C. 7501 for any cf its fiscal yeas included within the Contract perm in which Subrecip cat has expenses of
more than $$00,000 in state funds, or $'500,000 in 1'cderai financial assistance provided by a fedc,ral agency in the
taro of groans, contracts, loans, loan guaralees, property, cooperative agreements, interest subsidies, insurance ar
dircot appropriations, but does not include direct iederal caith assistance to individuals. Phu, tents federal financiai
assistance includes awards of financial assistance received directly from federal agennies, or indirectly throiigh
o.hv units a)f State and local aovc7nntent.
(2) Subrecipicnt may utiliic funris budgcred under this Contract to pay fur, that portion of the cost of such audit
asrriccs propery ailocnble to tite activ °tic.., funded by llcpartimw under this COAINet, The cost of auditing
services fora Subrecipicnt cxponding less than $;500,000 in total Federal awards per fiscal year is not an allowable
charge under hcdcr l awards.
(3) Urtosx sdocifically talftitzed by Department in veriting, Subrecipicnt shrill submit one (1) copy oC the
audit -export to the C)epar:rncnt's Compliance and Asset Oversight Division within lhiity (3u) days atrler completion
of the audit, but ran later than nine (9) nionths aner the end of each fiscal period inclimicd within the period of this
Contract Audits perftxmed tinder this Section 20 ar<r subject to review and resolution (if findmgs by the
Dcp<nttr.ent or its authorized representative. Subracipienl shrill s�ibnw such audit rclwrt to the Federal
oiearitrghuuse uicsiglaated by OA413 iii accoufance with C?M1) C "rrcuiar A 133_
(4) A; the option of Sall recipient each audit retitmcd by this Section 20 may cover Subrecipicnt's enure operations or
cs,ch dcptirtn)cnt, agency, of estab.`ishrncnt of Subrccipiwit which received, expended, or otl-xi -wise i:d oiniswrcd
re.ier i funds.
B. Subsection A or this Section 20 notwithstanding, Departmcru reserves the right to conduct an annual financiai and
Ccinplixnce audit of funds rrcefvcd and performan"s, reridercd under this Contract. Suhrccipient agrees to permit
17egrututc:nt, oa its authorized represenlativc, to audit Suhrrcipicn('s records abut to obtain any doctanorWs materials, or
infoutlatic�n cuesmiy to 'kilitlle. Such audit. Sec +h financial rile: compliance autiits may oa:ur aAcr the close of the
C, Sutxeett.ww unclrrstaardi aria iiinees that it shall he liable It) Department fix any costs disallowed pursuant to fularciai
;wd compliance audits) (if' funds rcccivert tinder this Conuaet. Subrccipicra ftn,hor ind rigrueti Ihut
u'rurscntem to DeparUmcni of Such disallowed costs studl he paid by SubrecipPcnt from funds which wore riot
>;ovidvj or nthervv;se made available io Subrec:ipicnt under this Cuntract.
D Sutbreeiptettt shall take mith action to flciiitale the pe'C Fn1a11Ce of Stwil r'ltldit of audits condueted pursuant to thi;i
Section 20 its Depoimleni may require crf Subrecipient.
F Ads approved 1;SCJ aucid reports shall be made available for public inspection within thirty (30) days arftcr completion
of ll}c Rlid3t.
Page 7 all W
'rhe Subrecipicnt shall include language in any subcontract that provides the Department the ability to directly fevie,V,
inai)itor, and /or audit the operational and financial performance and/or records of work performed under this Contracl
G. Dcp;rrtmcnt rvsmcs the right to conduct additional audits of file funds « ce.ived and performances rendered under this
Contract. Subrccipient ag nos to permit Dermtrnent or its authorized ropr"entative to audit Suhrccipicrt's 3ecnrdS and
to obtain arty documents, mutarials, or inforrntttion necessary to faci iiale such audit.
SECTION 21. MANAG1CFv1ENT 01, EQUIPMENT AND INVENTORY
A. Subrecipicnt shall comply v;ith OM3 Circular A -102, 24 C.F.R. § {85.32 - 55.34 and 10 T.A.C. 5.09- 5.10,
U. Subrecipicnt may nol use funds provided under this Contract to purchase personal property, cquiprncal, goods, or
Services with a unit acquisition cost (the net invoice unit price of an item of equipment) of morc than 9'5,000.00 unless
Subrecipicnt has received the prior written approval of Dcpartneut far such purcllaSC.
C. Upon the termination or non - renewal of this Contract, Depurtment may transfer title to any such propeny on eqiaipment
Itav1119 a useful life o£ one year or utore or a unit aaluisition cuss (the net invoice nail price of an item of equip±ncnt) of
$5,000.00 or more to itself or to any other entity receiving Depanntcnt funding.
SECTION 22, TRAVEL
subleciplent shalt adhere to OM13 Circular A -87 and tither its board- approved travel policy, or the State Of Texes travel
policies. Sttbrecipient's written travel policy Shall delineate the rates which Subrecipicnt shall ;rse in computing ',he travel
and per diem expenses of its board members and employem
SECTION 23. INSURANCL AND BONDING MQUIREIVIENTS
Subrccipient shall maintain adcaumC personal injup- and property damage HuH ty insurance or, it' Subrccipient iS a unit of
Ime.1 govertuncnt, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with the
per Furronnce of this Contract. Subrecipicnt is cncotoaged to obtain pollution occurrence insurance in addition to ihu
general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of
many health and safet" nncasures, such as lead disturbances and other pollution occurrence items. Subrccipient should
ovicw existing pofiO cs to dotemtItic iflead contamination is covered,
If Subrecipicnt will cntcr into it construction - 011tfilO with a third party in the amount of 9:100,000 or greater, Subt'ecipienl
must execute with the contractor a payment and a perr'ortnance bond in tine full amount of the contract. These bonds must
be executed by a corporate surety authorized to do business tit Texas, a list of which may be obtained from) the State
] nsurance Department, Sl.ch assurances of completion will run to the Deparmenl as obligee and must be docunnealed
prior to tile start of construction.
SEC:T'JON 24. LITIGATION AND CLAIMS
Subrecipicnl shall give Department immediate wriuen notice of any claim or action ]'tied with a court or administrative:
agency against Suhrecipiortt and arising out of the performance of this Contract or tiny subcontract itcrcundec Subrecipicm
shalt furnish to Department copies ofall pertinent papers received by Subrecipicni with respect to such action or claim.
STC'ITON 25, TECHNICAL ASSISTANCE AND MONITORING
DC'l ?Fit ;Ime01 Inay ISSUC Iee7nIL -Ftl guidance 10 explain life fU ICS and I)rOVidC directions bn iVlil9 of this COnlfaC( , I)CpartmCnt
or its designee ]nay conduct periodic on or of "Site monitoring and evaluation of the efficiency, econonny, and efficaev of
Subrccip�cnt's perfbrmnno c of this Contract, Department will advise Subrecipicnt in writing of any dclicierieke noted
during, such monitoring, Department will provide technical tmistanec to Subrecipieat and will require or suggest 611119CS
hn SubrecipienCs prof ;ram implementation or in Subrccipicrnt's accounting, personnel, procurement, and Ill anagemoI'll
procedtuas in order to correct tiny deficiencies noted. Department may conoliet follow -up visits to review and assess the
eiforts Subrecipicn( has made to correct previously noted deficiencies. I)epartinool May place Subrccipient oft a CO-,(
reimbursement nte.tlnod of payment, suspend or terminate this Contract, or invoke lithe remedies in the event monitoring
or other reliable sources raveal material deficiencies in Subrec-ipienl's performance or if Subrecipicnt fulls to correct any
deficiency within the time Ill lowed by federal or state Inw or regulution or by the terms of this Contract
Pq,c 8 of'20
SECTIO\ :G, LECiAJ. 4U`I'IIC }I #I "I'i`
A. :i Ufa CCII7ICn1 pAyllfe'3 and gU$C l!IGCS 111fi1 it f)UASPSSCS 1170 iCt�al aUtlnnrit}' fn pale t' IiLrl this t; ntt'aCl, l0 rece -4L' E,ntl
manaE;c the funds an,horired by this Contract, and to perfornn fire secs =ices Sclfccipricrit hats obligate! its-If to perform)
htrcunder. The execlidot, dehve!y, and perfommnce o1' this Contract will :not violwe Subrecipicn['s aonslitutive
documcnts of filly rerluiremem to which Subreeipieei is subiccl and rcprescrnls tine keel, valid, and binding, ugr :c�nent
of Skibreciptetit, e.n£nrceable in accordance with its tarts.
11. The person signing dais Cwilract on behalf Of Subrecipicnt hereby warratnts that h0she has been duly railhori-ml by
Subrc6picnt's govencing board to execute this Contract on bchall' of Subrecipient acrd to validly and lega'ly bind
Subrcci(pienl to the terms, provisions and performances herein
C. 0cpartment shall have the Hilht to terminate this Cortulict if dnere is a dispute as to the legai authori'y of eithe..r
Subrccipmit or tine person signing this ConUnct on behalf, of Silbrccipicnt ht enter into this Contract or to ;ender
peiformilmes hercundcr. Subrecipient is liable to Depa;htnettt for any money it hos received from Department for
perRrsmnnee of :he provisions of this Contract, tf the Dopmutnent has terminated this Comraoi for reasons enumerated
in this Scction 26,
SG.CTION 27. COMPL1ANCL WITH LAWS
A. l =rJ?1 t37! j�3 i_QC A41'- Subr x ipient shah comply with tine lkKinrey- Afettle Hotntc €essncss
Assistance Aut, the federal talcs and tegulolions promulgated under 24 C.FR. Parts 58, 84 aft, 576, 582 acd 583, Title
IJ of tine 'Tenets Administrativei Code, find all ledertil, stale, and local laws and replitioos applicable to the
tne'fi`rnntUlee cf {his Coatraet.
The 5nbrccipicnt affirons by sigmrg this conbac( that it is impiementiur
the Drog -Scree Workplace Act of 1988 (41 OSC 701 .c•. sal).
C . 111 iLli _..,1ROEDi.4,{1�NNCY._,(LF.P). Sabrt +cipricnls .must praVicfe program rtpplictttions, forms, and
educratiottnil nutttiin(s ion 111141c0l, spatisir, and arty appropriate : anguage, based on the needs of the service area and in
c:omplim1we wish fife aatptirements ill lNeottive Order 13166 of August Si, 2000 reprinted at 65 FR 50121, August ih,
2000 Improving, Access to Services with Limited English Proficiency {L1 >I') al 67 F.R. 41455. To ensure contpiianc,
the Subrecipicni roust take scisonable steps to insure that persons vJth Limited English Isroficieney hava mcimirig ut
access to the prograEn. Mcaningfoi accCas may entail promio language assistaltCm services, including oral and writtwn
umsi loon, wher0 necessary,
1:.) Lend -based pain; remediation aid discimurc applws to al! FSG- ftmdcd shelters find tiff housi,rg occupied Z,'Y
r_'SG participants. The. Lcad -Based Fair:( Poisuninit Pruvenuon het (42 U -S.C, 1821 - 48461,-, the Residential Lead-J3ased
Poi;it thward Reduction Act of- 1992 (42 U.S.0 4851 - 4856), and the relf :V1ttl subparts Of 1110 implorne.ntiing regulations
at 24 CT R ?an 35, Stlhparis A, B, hl, .I, K, M and R apply to activities tinder this gram program. The Subrecipiont
mast also connply w:ih the Lead, Rerunvation, Repair, and Painting Program Final RUIc, 40 C.P.R. foes 705, inhere
t:ppplivabic.
SECTION 28. PREVA:NTION OF WASTE, FRAUD, AND ABUSE.
A. Sub mcipicnt shall establish, mountain, turd utilize syslemi; and pmcatures In prevent, detect, and compel waste, fraud,
and nhuss in nctivi :ice. fi:nded under this Contract. `{ire systems and procedures s!-,all address possible waste, t7nud, and
abuse I)y $uhrccipieot, its cmployecs, the =its, vendors, subgrantee, subcontractor, and administering rngc;neu +�a
Si�b.ecilmtit's iraenutl controls symcfris and all transac. €inns and crthot- ssgnitiumt events arc to tic cicatly documented,
anti ;ire, rlocutnenttftinn is to be readily avudnble for mm�inoring hp f7epa;tnent
B. 5ufucciprtuit shcH give, Ocpnaraani eotrrptcte access to all of its rccoros, employees, and agents fbr (lic purpose of
ncenirrring or iavestigasinl; the i'.SG program. Subrecyriuitt shalt inunediatciy notify Dcipnrtn)ent of rung disuovciy of
waste, fraud, or abuse:, Sulirecipient shali fully coop>eratc with Dapartmcnt's efforts to dctccl, invas;4,,ate, and lrrvcnl
waste, fraud, anc ab_,se.
C �tlxaciitient wo.y 1-lot discrim.1l rte agaiasl fin cmaloyec of other ;person who reports a viclettioa of ;he tams of this
Contract, or of any llkw or regulation,, to Deparlmem or tc> any appiot natc., iaw vilrorcerrtent ktutirnrity, it- the repot{ Is
maden food fhith.
Page 9 of 20
SI.X-PION 29. C'l.RTIFIC +A'i'K3N RI:CtARDING Elf�t)€ C,iI��I :N'T'isl)!A' {. >RTil;T2ti
Pursuant to Chapter apter 22641 of the 'fexus Govmnima tit Code, by execution of this Contract, subr e6piutt hereby ccrtifres thin
Subrccipicnt, or a branch, division, of deparinwnt of Subreciptem does not and will not knowingly ernpluy an
widocumcnied worker, adicre "undocumen €ed worker" means an indwid'ial who, ,., the. time of oniploynieni, is not
laswfidly admitted for pernians.nt resideix;c to the United states or artthorizcd under law to be employed is that rnamiur in
the United States if, at3or receiving a public subsidy, Subrecipiem or a branch, division, or dcpmirncnt of Subree pient is
convicted of ra violation under S U.S.C. Section I 124 (0, Subrecipierit sha :;l repay the public subsidy with mtetcst, at the,
mic of Civet percent (5 °,rod f0t' annum, not later t#utn the 1201h day afler the date the Deportment notifies Subrecipient of tho
violation.
SECTION 30, CONFLICT OF INTEREST NEPOTISM
A, SLA- IRTil)ient shalf maintain written standards of eniiduct governing the poti'bmitinec Of its employees cngaget in the
<awnrti and administration of canlracts_ failure to maintain written standards of conduct anti to follow and enforce tic
wrimn standards is a concition of dofmilt under this Contract and moy result hi termination Of the Contract or
dcobli ration of funds.
13 No employee, officer, ur agent of Subrucipient shall participate in the selection, award, or tidmiristratioti of' a contract
supports +d by fe {deal) Cutsds i #'areal or apprare, »t canl3iet of interest would be involved. Such n conflict would arise
%VFCe) the employee, oMiicer, or agent, any member of his or her immediate Gunily, his OF her Irutncr, or ;in organization
vil-ich employs or is r.bout to employ ally of the Parties indicated herein, has a financial or olhcr interest it) the firm
sefectcd for an awarsi. This also applics to tlae p1mo emani of goods and sN-V ictzs Ling iw 24 C'.F.R fart ?8536.
C. The uffl ers, empieyccs, trod agents of the Subrccipicnt shall neither solicit nor accept gm(uitics, favors, or anything of
monetary value Gor,i conuactors, or parties to subugieemonts. Subiecipietits may set standards for situations, in which
the firl.anciat interest is not substantial or the gift is an unsaticited heal of nominal Value 'rile standards cat conduct
shall provide for drsr.ipliniary actions to be applied Cot violations of Such standards by ofFicers, employes, or agents a(
the S,i6recipie +.it.
IX Suhrecipicttt who arc local govemnxtntal entities shall, in addition to the rcquiremcnts of this SOCiton 30, P011ow the
er,uircnients of Chapter 171 of the Local Govvermtient Code regarding, conflicts of interest of officers of municipalities,
counties, trod ce: tarn other local govommlervs_
E. The .aovision of any typr, or amount of IilsC.i assistance may not be condihooca on till individual's or Catnily'a
ilccej lance or occupi :ntw Of, enlCrge -nt;y shelter or housing Coned by the rcciptcnt, t1w Stibimplew, or a parent or
subsidiatry ofthe Suhiecipiew.
F. No Subrecipient may, with respect to individrtals or ibnnlics occupying housisig owned by the St6recipicait, fir auy
Parent or subsidiary of the Subrecipient, carry out the initial evaluation ru;uircd under §576.401 of rite Ire icrai
Reaulatians or adrninisrer homcicsSnoSS prevcni inn itssistance under §576.103 of the Ireleral Rqe , ihaions.
SiC(`CL(_) N31. P0 LLf "fCALA( :'[1IVt1f1'PRoffl ITED
A. Noic of the, funds pinvided tinder this Contract shall be used `lor influencing; the outcome of aaiy election, OF tire
passage or dctcat of any Iegislutive measure `Phis prohibition shall not hr. construct) to prevent lily official or
em, loyee of Subrecipient from furnishing to any member of its governing tlOdy upon regnant, or 10 any other local (It
state ofricaak or employee or to any citizen information in the hands of lb; cnipioyeo or official not considered un&r
lu,v to be confidentnsl mfhrmatimi. Any action taken ngainsl an employoc or of7iciai for supplying; Such information
shall subjva :. the person ittitiming the action to imincdime, disrnissal from employtnetit.
S. No timds provided under this Contract may die used directly or indirectly to hire employees or in any other way fund or
si mport candidates: tsar the legrslntii•c_ axcoutive, or 3udi,,ial blanches of government of Subrecipient, tide State o4 "1'e as,
or the govurto :it ofthc 1,iii4ed States.
Page 10 of 20
UC TION 32, NON - DISCRIMINATION, FAIR IIOUStYG, EQUAL ACCUSS AND EQUAL OPPORTUNITY
A. A person shall trot be excluded From participation in, ba dented tae benefits af, be sulro:cted w discrimination under, or
he denied employment in the adntitvstration of or in contraction with any program or activity funded in whole or in part
.vith funds made available under this Contraot, on [lie grounds of racy, color, religion, sex, national origin, agc,
disability, political afliliwii'li or beficf.
13. Subrecipiem ogN,t to carry out tin Equal Employment Opportimily Program in kceping with the principles its p+nvicied
tit President's i xmiuve Order 1 ? 246 ofSeptember 24, 1965.
C. tiubrecipiunt must mcef the iiccessibility standards under (i) Section 504 of the Rehabilitation Acs. of 1973 (5 U_S.12
794) and its itaplenrenting rcgulations at 24 CF.R Part 9, (ii) the Fair Iloosing Act (42 U,S,C. 3641 et sec.) as
implemenicd by WA) at 24 C,F R. Part 100 -115, 24 C.1'.tt. ?;92250, 24 CF.R. §92,202 and 24 C.P R. §5.145(a), (iii)
Titles 11 r,nd Ill of the Americans whir Disabilities Act (42 U.S.C. p§ 12131.12189; 47 U.S.C:. 155, 201, 218 and 255)
as implemetatad by U S. Department of Justice at 28 CF.R. Parts 35 anti 36, and (iv) the Equal Opportunity in
1iousin, (Executive Order 11003 as amended by Exccutive Order 12259) and it imbicmenting regl6luons at 24 C.P.R.
Part I0 -'.
D Subreeipicnls shall operate each program or activity receiving ES,-, financial assistttnee so fist [tic program or activity,
Mien viewed in its entirety, is readily accessible turd usable by itrdividuals with disabilities. Subtecipicnis are also
rcgoired to provlve reasonable accommodations tier persons with disabt ?hies.
F Subrecitpient will include the substnncc of Section 32 in as subconiracts.
SECTION 33. CER'1'11- 'I('A'FION RECAItI)iN(, ('[tilt "I'AIN 1)ISAS*I ),R Rrl,IEF CONTRA(, "i'S
'fire Departmcat may not award a Contract that includes proposal financial puriicipation by it persau who, during the five
year period preceding the date of this Contraot, has been convicted of violating, a federal law in connection with a conu<nct
av:,;rded by the federal government for relief, recovery, or reconstruction eftons os it result of i-lurricatte Rita, as defined
by Section 39.459 of the TmisUtiiilic5 Code, florr[cane Katrina, or ntly other disaster occurring rafter September 24, 2005;
or assessed it penalty in n federal, civil or adminimrative enforcement action in connection with a contract awarded by aloe
fedoial government for relier, recovery, or' reconstruction effoiis as a result of hurricane Rita, as delmed by Section
,9.454 of tiro Texas Utilities C Wc, Ilurricane Katrina, or any other dist.stcr tx;cuiring alter Septc}nber 24,205.
fay^ execution of this Contract, the Subrecipicut hereby certifies that it is cheible to participate in ESG and acknowleiiges
that this Contract may bo terminated turd payment withheld if this certification is inaccurate.
S I C1pN 34. CERTIFICATION Rf:CiAItDINC> D1AtN'1'I NAN(.'l: OF LFFORT
Funds provided to Subrecipienl under this Contract nay not be suNmkutcd Icr iurrds or resources from any tither source or
in any wily serve to reduce, the funds or resources which would have been available to or provided through Subrecipient
had this Conlrrtet never been executed.
K"C''110N 35. DEBA1,11ED AND SUSPENDED PART IES'
B }` stping this C`ontrfact, Subrc;ipient ceittics that neither it nor it!; ourrcnt ;trincipfu parties are included in the Excludcc
Panics I_.s€ 'System (L lL,) maintained by the Generrl Services Administration (GSA). Subrecipient also cerlMics that n
will not ,:ward any funds purvided by this Contract to any party that is debarred, suspended, or otherwise excluded from or
mcllgibie for participation sn federal assistance programs onder Executive Grder 12544. SUIMCipicnt al;t'ecs that, briar it:
entering :Wc, any a8rcemcnl with it potential subcontractor prounrcd by Subreci{.ient or prier to awarding funds uvdtet this
(.`ontriwl to it potential subg!iallcc, that the verification process to comply with this reg6tvinew will b° aa:ownpliashod 1)3
chc(A`ng the I;xcknkj Tartar; List Systelu at or by collecting ti corfification born tlic potential
s.i'montractor.
Si:CTION' 3G, SPECIAL CONDITIONS
A, DepaTiment shell no, release any hinds under tills Contrncl 111)(1; Uepartme)u has received a properly cmnplcaed "Direct
Deposit Authnrizafionfbmi from SJbrccipien(.
13. SubwcipwW Nhali ot)Igtate (as such leant is defined in 24 C.P.R X576,203) all Cunds proyiticd under this Contract
within 120 days its of the dutc is) Subrccipient's award letter Deparhnent will rccaptrne aw• funds not so obligated.
C. Subrccipient shall Unsure that any building rchwiIiliiatcd will) fundS provided under this Contract is mair,uuncd m it
shchet for the homeless for not less than a three (3) -year period or to: not less than a ten (10) -yeair period iC such funds
file used for maior rehabilitation or conversion of tho building. Cite applicable period shah he calculated in accordance
with 24 C F.R §576.1 Q3 -tc).
D. If Subrccipient uses funds received under this Contract to provide essential serN,ices, homeless prevenlion, or
tnait)lenance and oparatinb costs, the activities must be carried out until all or the funds made available ttndet this
Contract for such activities arc expended or for the Cownict -heron, w4tichever is shorter, Subrccipient May use one or
n)orc sites or struciures to carry out the activities but it mast the same general population. The "same general
populatinn" mourls the. gyp -cs of homeless originally served with the funds ;x persons in the same ecograpl)it:al
arse
Li. Subrccipient shall make known that use of the faciliiies and services 5mded under this Contract are available to till on s
nrntdiscriininatory basis. Subrecipient also Hurst adopt and miplement procedures dcsig[)ed to n)ake available to
interested persons it)fonnation concerning the existence and location of services and facilities that floe acceossihle to
persu'm with a disability.
P. Subrecipient shall administer, in good faith, a policy designed to cnsure that its homeless ikOlity is free from tile illegal
use, posscssinn, or distribution of drugs or alcohol.
G For ary ESG activities Ihut would t'esult in the displace;nent of persons or businesses. Subrecipient mats; follow
Uniform Relocation Assistance and Real Property Acquisition fancies Act of 1970 (42 U S C. § 4201 - 4(,5`) (Utz-),)
,tad us implementing regulations al 49 C,P.R .Part 24, Subpart R, and RUD 13,tndbouk 1379.
H Subrecipient shall, to tlru' maximum extent practicable, mvclvo, throu&h employment, voltmteer services, 1)r olhcrwise,
homeless individuals and IBrnilies in constructing, renovation, tnaintnining, and operating ihcilities assisted under this
Contric(, in providing services assisted under this Contrncl, and in providing services for oeayxnnts of fncillics
assisted undcr ti)is Cornra:a.
I. Subrecip utilizinlz LSG funds for ra)ovaiion, repair, rehai)ilitation, or convetsiot of buildings are resportsihle for
compliance with 24 C.P.R Part 135, referred to as "Section 3," and shtd! inc(udU the clauses listed in §13> 38 in all
subcontracts coveted by Section 3. Homt =less individuals have priority over Sectiun 3 residents
.I- If Subrecipicnl intends to provide emergency shelter for homeless persons to hotels or motels, or other commercial
facthlies providing Iransient housing, Subreeipienl must provide she Department with 11 ' certification thnt (1) leases
nesoliated bclwcen Subrccipient and providers of such housing provide of will provide Ihnt the living space wifl be
rented at substantially Icsi that the daily roam rate olherwise charged by the facility, trnd (2) the Subrecipient has
considered other fncilldes as erergency shelter, and has determined that use of the facilities pr-ides the mast
colst-Op.,Ucnve meanu, of providing emergency shelter in its service area.
K. auixccipicnl slsull develop and imple.rnenl procedures to ens.)re the confidentiality o1 records px_rtnining to any
iodkitfuad Provided family violence, prevention or Ircatment services under any proiect assisted wider Ihis {:nntract,
fund that the address of location. of' any famil3, violence shelter pro- assisted will, except with written authori>at)or. of
IL, person w persons responsible for the operation of such shelter, not be made public.
Subrccipient shall cnsure ibat ally building for which ESG amouuts arc used 1'ar renovation, convcrsivr, OF at)ajor
rthabilim(ion must meet local government safety and sanitation standards and shelter and housing standards as outlined
in §>76,403 ofthe ESC Regulations.
M. Nome of (he, IUI)dS provided under this Contract may be ¢red n) connection wifh tiny dwe €ling unit unless the unit is
protected by a hart wired or battery- opc)ated sn)nke detector installed in accordance a -itb Nattonul Eire Pmlection
Asswt iauon Sland;i -d ?4.
Page 12 of 20
SECTION 37. NO R'AIVER
Any right or coned), given to Departrnent by this Contract s)MI oot preclutte the cxisience of any Diller right or remedy;
nehhei shall any action taken is the exercise of any right or reinedy be doomed a waiver of any ather right or remedy. The
Riilurc of Department to exercise any right or rcmedy or, any occasion shill! not constitute a waiver of Dopaitmeul's right
n exercise thri� or tray ether right or rcmedy at a later tithe.
SIiCTION 38. (IRALAND NvFzr `rEN AGRITENWNTS
A All oral and written agrccments bchacen the pmlics to this Conuecl relating to the subject nii+tter ot' this Contract !lave
beer) redaced to wi icing and are contained in this Contract.
13. The atinlimenis cnunn:rated and denotninalcd below arc c part of lies Contract and constitute promised peri'nrinaucce
under Ili isCon[riOi
1. Fxliibit A - Pcrfornwnce Doeument
2. Fxhibit 13 - Budgot
3, Exhibit C - Match Requircoicnis [document
4. !ix iibit D - Ap;tlicablc haws and Regtiiations
5, Exhibit TE - Certificalion Regarding Lobbying for Comiticts, Grants, Loans, and Cooperative Aerccinents
SECTION 39, SEMRABUI TY
if' any section or provision oi' this Contract is held to be invalid or untsuforccable by u court or an administrative tribunal of
conipMn)l;urisdiclion, (lic remainder shad) remain vatic and binding
SECTION 40, COPYRIGHT
Subrecipicnt may copyright materials developed in One performance of this Contract or with `tends expended under this
Contract. Dcpsrtuient and HUD Shull each have n royalty -free, nonoxciusive, and inrevoC able right to reproduce, publish,
Cr otim wise u, , ,aid to authorize others to use, tine copyrighted work for government purposes.
Si:CTION 41. USE, OF ALCOHOLIC BEVERAGES
FnndS provided under this Contract may not be used for the payment of salurics to any Subreeipient's employees who use
alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase of
alcoholic 1,, .wrages.
SECTION 42, FAlTil BASED AND SECTARIAN ACEtVfTY
(Funds provided under this Contruct may not be used for sectarian ar inhereiUly teligious activities such as worship,
religious instruction or proselytizution, and must be for the benefit of persons regardless of religious affiliation
Subrccipie:;[ shall comply wish the regiEations promulgated at 24 C.FK §576,406
SECTION 43. FORCE MAJURE
If the oh iggtiuni are delavcd by t'ne mellowing, an equitable adiummcni will be nmde for delay or failum to perform
,,:eunrler
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature er acts of
God; , acts of vvar (declared or undeclared), (ii) acts of terrorism, insurrection, riuls, civil disorders, rebellion or
;abotai,c; anal (iv) quarantines, cwbargoev and oilier siinilrir unusual ,,(molls of fed::r<d, piovw6al, local or `;weigh
Gorcn�rnciital Authorities; ;iid
11 The non- pudbrmino, party is without fault in causing ar failing to prevent the occurrence of Such event, and such
occurrence could not have been circumvented by reasonable, prcctiutions and could nod have Lice') prevented o
e:rcitmvenfed through tau wr of commercially reasonribtc alternative sources, workaround plaits or oilier means.
SECTION 44, TINIL LS OL THE ESSUNCI?
Time is uC the ossertet= with respcct to Subrccipicnl's comphianoe with all covenants, agreamcnts, terms and conditions of
CuntriI
i'Oge 13 of 20
SECTION45. COUNTICRIIARTS AND FACSIMILESIGNATURES
11lis C?ntiad May be exeeated in one or mote counterparts each of which shall lee dcctncd tae original but all of va,hicit
zogeiher shah constitute one ;end the same instrument. Signed signature pages may be, trannaialcd by Iacsimiic cx otlecr
c!eetronic transmission, and any such signature shodf have the same legal affeel ns;m onginal.
81"ICTION 46, NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall tMiti la the fcminire, anti singular words
shall include the plural,
SEA3TION 4 ?. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein rettbrred to us "Noaiuu
Address')-
As to Deparhaeat:
TEXAS DEPARTMENTO7 - HOUSING AND COMMUNITY AFFAIRS
P. 0 Box 13941
Aostie, Texas 7S7; i- 3941
Attention: Michael De Young
'I'nlcphonc:(512)475.212i
ir,ex (512)475 -3935
r.eichncl.deyou�ag a,tdhca. state In us
As to Subreelpient:
City offleaumon:
1'0 Box 3827
1313,AUMOI4T, T), 77704
Attention: kyle Hayes, City Managcr
Telephone: (409) 980-3716 Fax: (409) 880-3112 Email: khaycs u,ul.be umtrnt.tx.us
B_ All relies or ether communications hereunder shall be deemed given when delivered, mailtd by ovcmight iivfvice, or
five days after mai?wg by certified or registered mail, postage prepaid, return receipt requested, addressed to the
ap iopr;tete Notice Adc: -ess as defined iii the above Subsection A of this Section 47.
SI CI'ION48, VENtI7: ANt),IURISI)IC'I'ION
'Ih,is Contract is delivered rind intended to be perfortnc:d in the Slate of Texas. For purposes of litigation pursuanl to this
( ,'ontract, ventue shall ire in Travis Coontyjcxars.
EXECUTED to be eff'cetiue oa Octobet' 01, 2013
City of Beaumont
!t political subdivision oi'thc State orTexats
By;
I'i(1c:
i.)alc;
TEXAS DEPARTWNT OF HOUSING ANT) Ct NIMU,NITY AFFAIR6, a public and official agency of like Starr
nr'l,exas
BY:
Title: Its defy aathorzcd olliccr or represcntaGve
bate:
Page 14 of'20
MXAS ULi AR "I'R4ENI' (.)ir Id(3USiNG AND C O MN9C:NVIT AFTAIRS
CON"IRAC NO. 42130001767 FOR THE
PY 2013 I- MF.,RC,rNCY S0I,tt'rlONS GRANT (1-,SG) PROGRAM
CFDA NO. 14.231
EXHIBIT T' A
F ERTORMANCH DOCUMENT
City of Beaumont
n potitfeni Subdivision of the Static of Texas
Performance Statement
October 1, 2013 - Scp.cmbcr 3{7, 2014
PTS''ANCIAL EXPENDI'I'ttRL REQUIREMENTS.
To assure the timely and appropriate use of F,SG C,tnds, the. D) Parirnent has established the following expeiditttre benchmr.rlts_ I-he
Department will review Subrccipient performance in cxpe-nding program funds on a gtrtotedy basis. Subrccipien, is udviscd that failure to
expend funds in a sorely f<tshicn rne}, 0 ct fua r,, funding oppommitice.
Subreciq:ents alas! follow the followioa.expeoditta,- ;c'hecftfic_
contract 10% exhendad as prov,ded in the Budecl by the end of tlic ficwt quarter - December 31, 2013.
Contract 40'Yo expended as provided in the Bridget by the cad ofaiac second quarter- Mttecu 31, 2014,
contract 75 1"', expended as ptovided in the Budget by the and of the third q«a1lt,r- .IUl1C 30, 2014.
Coutraet 100 "', expended as provided in Elie Budget by the, and of th; Contract "berm (fourth grtartcr}- Se)ttimbcr 34, 2014.
PROGRAMMATIC PERFORMANCE REQUIREMENTS:
To usscrc the Umely and appro:,rittte use of FS(; funds, tits Depm!mcnt bits included the following performance schedule as pen of the
Contract, SuEsruuifiicn# will eslabltsEt targets for progrxn activities and will rcnor, those targets to the t?cpxctmeitt via the 'angels
Sp eadshcei form supplement to t'n", contract viltich will be enmilod r >eparately io the Subrccipicnt, Subrecipic,nt will report perl`6[mpncc
on ti. monthly basis to the Department through rite Canm mitt' Affairs Contract System, and the Department will review 3obrecipimt
perlonnance itt nweting program ttatgets oil a quarterly ha <is. Subreeipicnt is advised that failure to oloVide prugtt stn SUMCCS in
xcordancc with the targets established by the Subrccipicnt ally afloct future funding npporutnitics.
Sutmwil'icrd must follow the foilowmg schedott:
No lets than 51s5 of all targets, tits establ ishcd by the Subrccipicnt met by the curd of the ficv quarter - December 31, 2013.
No less than 35"/ ot'ali inrttets, as established by the Subr o6pient :net by the end of the second quarter -March 31, 2014,
No ie °s than 75%, of all targets, its ectstb3ishcd by the Subrccipicnt :net 1)v the t.,od of the third quarter -3uttc :10, 2014
100 %n c,f`aii taut , as h" the 5;u )recipient met by the end of the Contract Term (fourth 30, 2014,
Page 15 of 20
C'ESAS Dl PAR'1'Yfl!;iVT' O£ ROUSING AND COAPOUNHV AVFAIRS
CONTRACT NO 42130001767 FORT HE
FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
CFDA NO. 14.231
EXIi1131 f 13
9UDGET
City of I3caumont
a politictU subdivision of Cite State of "I'extis
f@7.111Il7�YfiI�7�
Budget Cafegorh'
Cmcgory "Totals
Strect Outreach S 31,600010
Shelter. S 33,760.00
Operations S. 13,760,00
Homelessness Prevention S (.5+938.00
Housing Rclocution and Slatbilizatim; Services -HP Financial $ 1,200.00
Housing Relooution and SUibilization Services -HP SLImlees S 12,518.00
Tenant -based rental assistance -I lY S 52,200.00
Rapid Re- (lousing; g 65,472.00
I1o',ising Relocation and Stabilization Services -RRI I Financial $ 6,249.00
!-lousing Relocation and Slabilization Services -RRII Services $ 6,460.00
1'c.nanl -based rental assistance -R.RII 9: 52,763.00
homeless Mana(ement Information System (11MIS) $ '1,500,t10
Administrative Costs S9,243.00
TOTAL, S 2I5,493.00
Additional funds may be. obhBEItcd via Amendmcnt(s). Funds ntay only be obligated and cxpcnded during the current Contract 'Penn.
Unexpended fmd balances will be recaptured.
FOOTN07TS To BUDGI, +"f FOR AVAII,AMA', ALI,UC:TIONS;
Subrccipicnt must request in writing; any ndjustmettt needed to It budget category before TD)-lCA will make any udiusinlent& to the budget
cattegorics Only those written request(s) from the Suhrecipients received at Ienst 60 days ptim. to the end of the Conn•net 'form will
he rcvie.wed. TWICA mtty declinc to review written requests received during the final 00 days of the Coatrncl 1,01,111,
Maximmt,t for t,dmini;tr :eon ltascd on 3.7551 of the [Dial al:awab€e expcndilu!es excluding aravd for training.
Subrccipicnt nw), a,pgrly Adttinismition Binds to pay for tralvel cross incarrcd to altend the September 1; -I8, 2013 F% Program, Vdorkshop
held in Ausur, Texas
Page 16 of 20
Tin
Other Non-ESG HUD Funds
Other Federal Funds
State Government
Local Government
Private Funds
Other
Fees
Program In mme
MATCH TOTAL
TEXAS DEPARTMEIVIF OF HOUSING AND COMMUNITY AFFAIRS
CONTRACTNO, 42130001767 FORTHE
FY 2013 F
WLRGENCYSOLU*11ONS GRANTS (ESG) PROGRAM
CFDA NO, 14.231
EXHIBIT C
MATCH RHQUIREIAFENTS DOCUMENT
City offlenumont
a political subdivision of the State of Texas
i "iige 1-1
, of 20
Dollar VnIne
8 14,783.00
SO.00
S68,510.00
S24,000.00
$31,728.00
S76,472.00
SO.00
S6.00
S 215,493.00
Subrectpient s`aali snatch their award tzmounl with nu equnl or grater amount of resources from outer than ASG fund, in accottfanec watt tits
t1ollm6rif rcyarrcme;rts
i�Gulils.�.uacsast1��r1t�
c, any source includiogt,ry Fed": al sowce(excc{tt for ESC)
o any slate, leas[, ane private saurces.
If osiug tretiorni sources, file following rules aytply to Mnicb forlds:
o the lams goveriting any source to he used its waleh must trot prohibit those finds from being, used as match,
(, if f"SG funds arc to be used as rta,"'h for another fcciell l prognim, then Ilia[ program may not be us-Ai as match for FSG
R 'C>tgItil iron of -Moddrip l7witrihnfi aH¢c
o Match funds must meet all the roquirements that apply to 1 7:SG fiords (except expenditure limits)
o Matching moss bi provided frorn July I7, 2011 through September 30, 2024
o Gish G<ttrir 1)Wions must be cxl;onded within the expenditure deadline during the CCummc! Ti' rm
o Non -cash contributions must be made within the expendituredeptiline (above)
o C»t;ributirun used to ma0i n lit evious ESG grant nwy not ba used to match n subsequwt grant
o Ctmnuibutions L!,Wd to mstclr snot};cr fcdeml t ;rant may apt br. Ll st rd to matelt F:SQ
.E l^ Types of Matching ('rtirrtrl3tirtfotte.
L Cash Contribildons -Cash espcnded Ibr allowably costs as t[cfincd in OYID Circultars A -87 (2 C R, Pill 225) and A -122 (2 C.I .R.
gait 230; of the Subrecipie.nt. Soureos of cash contribuuoiss may include private dp:uaiuns, or g ants, from foundmions, nonpro:us,
pr i)sal, sra:;t and reder`id 1i1nl:13-
2. Nun•Cnsli contributiows-Norncush contributions ate the value of tiny real pitOIX ty equipntcnr, goods, or services epniribulcd to the
Sub,ccipiell"S [SSG prof;innr, provided that they would be allowable ifthe SrrExeeipierat had to pay for tlte,n.
Costs paid by prn -,rartt Irtwine Chc grant period are to be considered as match provided they rife rligible rests brit supple.mcnt the
LSG r?rt ^g €wn.
Page 18 of 20
TEXAS DEPARTMENT Or HOUSING AND COM MUNITY ARFAIRS
CONTRAM'NO. 42130001767 FOR THE
FY 2013 EMERGENCY SOLUTIONS GRANTS (T3-SO) PROGRAM
CFDA NO. 14 231
EX iIMI'D
APPLICABLE LAWS AND REOUL,AT1ONS
City of licaunzont
n pollt #cal subdivision of the State of Tekos
These applicable lows include bot are not limited to llentcless Emergency Assistance and Rapid 'Transition to Housing Act; as amended
(42 I -J.S.0 11302 ei: seq)
24 C.F.R. Para b5;
24 C_F_R.Pad 91;
24 C.. F.R. Part 575;
24 (:.F.R. Pail 582;
24 C.E.R. Part 5:3;
Applicable, Office ol'Manageitumt and 13udget (OMB) Cirmlals;
I 0 '1'umis Administrativc Code, Chapter 1, said Chapter 5, Subchaptcts A, and K
Page 19 of 20
TEXAS DEPARTiMEN''r OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 42130001767 FOR THE,
FY 2013 EMERGENCY SOLUTIONS GRAN FS (ESC) PROGRAM
CFDA NO. 14.231
EXHIBIT E
CF11TIFICATION 12EGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPLRATIVE AGREEMENTS
City of Beaumont
a political subdivision of the Stale of Texas
the undcrsignc i certifies, to the best of its knowledge and belief, that:
I_ No federal appropriated funds have been paid of will be paid, by or on behalf of the uodcrsigned, to any person for faflucncing
oT ancmpting to influence an officer or employee of an agency, a member of congress, an officer or employee of congtess, or all
cntployec of a mem3xr Of congress in connection with the awarding of uny 1edcral contttle( the making of any federal gnint, the
making nl' any federal loan, the entering into of aaty cooperative agrcoanent, or modification of any federal cwitr20t, grant, loan,
or c0ope7 ative agreenwn(.
2. If any funds other than federal nppropriatct1 funds have been paid or will be paid to nny person for influencimt. or attempting to
influence an officer or employee of ail), agency, a member of congress, an officer or employee of- ccngre s, or an employee of a
member of congress in connection with this federal contract, grant, loz.n, or cnoperalive. agrcemcn4, the undersigned shall
complete and submit standard fbnn -LUL, "Disclosure- Form to Report Lobbying', in accordance with its instructions.
3. Ffic uudcrsigned shall require that the ,anguage o1' this certification be included ill the award docuntoms i4r tail suss- awilyds al all
tiers (including SubazttraetS, sub- grants, and contracts under grants, loans, and cooperative aerccutents) and Ifutt all
sub - recipients shall coility and rlisclnsn accordingly,
-this certification is material represenlatimt of filet on which reliance was placed when this transaction was made or entered into.
Submission of his ccrlifiration is it prerequisite for making or entering into this transaction imposed by Section 1352, Title,, 31, UJ S. Code
Any perseu who fails to file the acquired certification shall be subject to a civil penally of not less than $10,000 and not mere than
$100,000 for etch such Iitilure.
City of Beaumont
a political subdivision of the Stale of Texas
By.
Title:
Date:
Paf�c 20 of 20