Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.3 - Subrecipient Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to prior
				  Board approval, the Department and a Subrecipient shall enter into and execute
				  a Contract for the disbursement of program funds. The Department, acting by and
				  through its Executive Director or his/her designee, may authorize, execute, and
				  deliver authorized modifications and/or amendments to the contract, as allowed
				  by state and federal laws and rules.
(b) The governing body of the Subrecipient
				  must pass a resolution authorizing its Executive Director or his/her designee
				  to have signature authority to enter into contracts, sign amendments, and
				  review and approve reports. All Contract actions including extensions,
				  amendments or revisions must be ratified by the governing body at a subsequent
				  regularly scheduled meeting no later than 120 calendar days from the Contract
				  action. Minutes relating to this resolution must be on file at the Subrecipient
				  level.
(c) Within 45 calendar days
				  following the conclusion of a Contract issued by the Department, the
				  Subrecipient shall provide a final expenditure and final performance report
				  regarding funds expended under the terms of the Contract.
(d) A Performance Statement and budget are
				  attachments to the Contract between the Subrecipient and the Department.
				  Execution of the Contract enables the Subrecipient to access funds through the
				  Department's Contract System.
(e)
				  Amendments and Extensions to Contracts.
(1)
				  Except for quarterly amendments to non-Discretionary CSBG Contracts to add
				  funds as they are received from HHS, and excluding amendments that move funds
				  within budget categories but do not extend time or add funds, amendment and
				  extension requests must be submitted in writing by the Subrecipient, and will
				  not be granted if any of the following circumstances exist:
(A) If the award for the Contract was
				  competitively awarded and the amendment would materially change the scope of
				  Contract performance;
(B) If the
				  Subrecipient is delinquent in the submission of their Single Audit or the
				  Single Audit Certification form required by §1.403, (relating to Single
				  Audit Requirements), in Chapter 1 of this title (relating to
				  Administration);
(C) If the
				  Subrecipient owes the Department disallowed amounts in excess of $1,000 and a
				  Department-approved repayment plan is not in place or has been
				  violated;
(D) For amendments adding
				  funds (not applicable to amendments for extending time) if the Department has
				  cited the Subrecipient for violations within § 6.11 of this subchapter
				  (related to Compliance Monitoring) and the corrective action period has expired
				  without correction of the issue or a satisfactory plan for correction of the
				  issue or has otherwise notified the Subrecipient in accordance with §
												RSA
				  1.411 of this title (relating to
				  Administration of Block Grants) under Chapter 2105 of the Texas Government Code
				  and corrective action has not been taken; or
(E) A member of the Subrecipient's board has
				  been debarred and has not been removed.