| (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 §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.
(2) Within 30 calendar days of a Subrecipient's request
for a Contract amendment or extension request the request will be
processed or denied in writing. If denied, the applicable reason from
this subsection or other applicable reason will be cited. The Subrecipient
may appeal the decision to the Executive Director consistent with
Chapter 1, §1.7, of this title (relating to the Appeals Process).
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