HomeMy WebLinkAboutContract 55184-A1CSC No. 55184-A1
TEXAS DEPARTMENT OF HOUSING AND COMMUIVITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 58210003378
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568)
This Amendment No. 1 to Comprehensive Energy Assistance Prograui Contract Number. 5821UW3378 by azid
between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas
("Department"), and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient"), hereu�after
collectively referred to as "Parties",
RECITALS
WHEREAS, the Parties respecrively, executed that Comprehensive Energy Assistance Program Contract Number
58210003378 ("Contract") on January Ol, 2021 and
WHEREAS, the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the
Parties agree as follows:
SECTION 1.
The following Contract section is hereby amended as follows:
1. Section 4. DEPARTMENT FINANCiAL OBLTGATTONS
F. Notwithstanding any other provision of this Contract, the tota( of all payments azid other obligations
incurred by Department under this Contract shall not exceed the sum of $6,974,499.00.
2. Exhibit A. Bud�et And Performance Statement, of this Contract is hereby deleted and replaced in its entirety
wilh lhc allachcd Exhibil A
SECTION 2.
All of the ramainuig terms of the Contract shall be and remain ui full force and effect as tl�ereui set forth and shall
continue to govem except to the extent diat said teruis conflict with the terms of this A�ueudment. I�i the event this
Ameudment and We tenus of the Contract are 'vi contlict, tlus Auienduient shall govern, unless it would make the
Contract void by law.
SECTION 3.
Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
SECTION 4.
This Ainendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all
of which together shall consritute one agreement binding on Parties, notwithstanding that all the Parties shall not have
signed the same counterpart.
SECTION 5.
ff any of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of
its authorized signature printed by the receiving machine or the electronic transmission to be its original signature.
OFFICIAL RECORD
Page 1 of4 CITY SECRETARY
FT. WaRTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
CONTRACT NO. 58210003378; AMENDMENT NO. 1
(CFDA # 93.568)
APPROVED AS TO FORM AND LEGALITY:
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Taylor Paris
Assistant City Attorney
ATTEST:
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Mary J. Kayser
City Secretary
M&C: 21-0017
Dated: January 12, 2021
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CITY OF FORT WORTH
By: Fernando Costa (signed electronically-see attached contract)
Title: Assistant City Manager
Date: June 10, 2021
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: June 11, 2021
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
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so�t� s���iet (��� zi, zou is:aa c�r)
Sonia Singleton, Assistant Director
Neighborhood Services
�FFICIAL RECORD
CITY SECRETARY
FT. VIlORTH, TX
TEXAS D�PARTM�NT OI' HOUSING AND COMMUNITY AI'TAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 58210003378
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568)
EXHIBIT A
BUDGET
City of P'ort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 6,974,499.�� CEAP FUNDS CURRENTLY AVAILABLE
$ 2�SOO.00 TRAiNING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDG�T I'OR AVAILABLE ALLOCATIONS
BUDG�T CATEGORY FUNDS %
Administration $ 503,559.00 -
Direct Services $ 6,468,440.00 -
TOTAL CEAP BUDGET $ 6,971,999.00 -
BUDGET CATEGORY I FUNDS � %
Household Crisis � $ 2,804,392.00 � 43.35
Utility Assistance
Program Services
$ 2,804,392.00 � 43.35
$ 859,656.00 � 13.29
TOTAL DIRECT SERVICES � $ 6,468,440.00 � 100.00
General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include
salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the
Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program
services, must be paid with nonfederal funds.
Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative
cost associated with providing the client direct service salaries and benefits cost for staff providing program services,
cost for supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable
program services cost when associated with providing client direct services. Other program services costs may include
outreach activities and expenditures on the information technology and computerization needed for h•acking or
monitoring required by CEAP.
Page 3 of 4
Deparhnent's prior written approval for purchase or lease of equipment with an acquisition cost of $ 5,000 and over is
required. Approval of this budget does not constitute prior approval for such purchases.
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second
and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract
Term.
Subrecipient shall provide outreach services under all components in this categoiy. Failure to do so may result in
Contract termination. Subrecipient must document outreach, whether the ouh•each is conducted with CEAP funds or
other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the
payment(s) and if the Contract Term has expired.
If the Contract Term has not expired, Subrecipient must enter the amount into the Contract System in the appropriate
budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This
will credit back the vendor refund(s) for the Subrecipient to expend on eligible expenses during the Conh•act Term.
If the Conh•act Term has expired, Subrecipient must retum the vendor refund(s) to the Department containing the
contract number and appropriate budget line item associated to the refund(s).
Page 4 of 4
CSC No. 55184
T�7�AS D�PAItT11�NT OL' HOUSING AND COMMUNITY AT�AII2S
CONTRACT NUMBER 58210003378
FX 2021 COMPIt�H�NSIV� �N�RGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
Awa►•ding Federxl Agency: United States bepartment of Health nnd Humnn Se►tilces
TAHCA Federal Award Number: 2101TXLIEA
A�verd Year ('Year of Award f1•om HHS to TDHCA): 2021
Un(gue Entlty Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2021 Comprehensive Energy Assistance Program (CEAP) Conhact Number 58210003378 ("Contract") is made by
and between the Texas Aepanment of Housing and Community Ai�'airs, e public and officisl sgency of the State of Texes
("DeparhnenY'), end City of Fort Worth, a political subdivision of the State of Texas ("Subrocipiont"), hereinafter the
"Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2021, and, unless eerlier terminated, shall end on December 31, 2021
("Contraot Term").
SECTIOlY 3. STJBRECIPIENT PERFORMANCE
A• SubreoiplenYs Service Area under this Contract consists of tha following County/Counties: TA.RRANT
B. SubrecIpient shell, throughout its Service Area operate a Comprehensive Bnergy Asslstance Program, ("CEAP"), in
accordance wlth the Economic Opporiunity Act of 1964 (Public Law 88-452), the Low-Income Home Energy
Assistsnce Aat of 1981 as amended (42 U.S.C. §8621 et seg.) (Titla XXVI of tho Omntbus Budgat Reconcilietion Aot
of 1981, Public Law 97-35, as emended) ("LIHEAl' Act"), Chapter 2105 of the Texas Government Code ("State
AcY�, Chapters 2105 and 2306 of the Texas C�overnment Code ("State Act"), the implementing State regulations
under Title 10, Part 1, Chepter 1, Cheptar 2 and Subchaptors A end C of Chapter 6 of the Toxas Administrative Code,
as amended or supplemented from time to time (collecflvely, "State Rules"), the LIHIEEAP State Plan, 2 CFR Part 200
(as applicable), Subrecipient's "Service Delivery Plan" in accordence with ] 0 TAC §6.306, the Deparlment's guidance
related to CSAP, sll applicable state and federal regulations and the terms of this Conhact, Subreciplent further
agrees to comply wlth the certifications attached hereto as �Sddendums A, �, C and �,and Incorporated heroin for all
relevant purposes; the Budget ettached hereto es Exfubit A end incorporated herein for all relevant purposes, the
Personal Responsibility snd Work Opportunity Act of 1996 ("PRW012A") Requirements for the CEAP attached
hereto as �4ddendum E and incorporated herein for all relevant purposes; the assurancos, certifications, and ell other
statements made by Subrecipient in its epplication funding under this Contract; and wlth all other terms, provisions,
end requirements herein set forth.
C. Subrecipient shsll assist "Households" that ere "Low-Income" with priortty being glven in no particular order to
'Blderly Persons", "Persons with Disabilities", Households with s young child 5 years of age or under, Households
with "High Energy Burden" and Households with "High Energy Consumptton", es said terms are defined in 10 TAC
§6.2.
SECTION 4. DEPARTMEiVT FINANCIAL OBLIGATIONS
A. In considarstion of Subrecipient's sstisfaotory performence of this Contract, Department shall mimburse Subrecipient
for the actual allowable costs incurred by Subrecipient during the Contraot Term for administrative expenditures and
progrem services costs snd direct servlces expenditures in accordance with 10 TAC §6.308, tn the amount(s) specified
in the Budget attached hereto es xhibit A.
B. Any declsion to obligate additional funds or deobligate funds shsll be made in wrlting by Deparlment in its sole but
reasonable discretion besed upon factors including, but not limited to, the status of funding under grants to
l�epartment, the rate of SubreclpienNs utilizstton of funds under this or prevlous contracts, the existence of quesrioned
or disallowed costs under this or other contracts between the Parties, and Subrecipient's ovetall complience wIth the
terms of tWs Contract.
Page 1 of 25
C. Department's obligations under this Conlract are contingent upon the actual recelpt and availabllity by the Department
of 2021 funds from the U.S. Depertment of Hosith and Human Services. If suff'icient funds are not availabla to mske
payments under this Contract, Department shall noHfy Subrectpient in �n•iting within a reasonable time sfter such fact
is determined. Deparhnent shall then terminate this Contract and will not be liable for the failura to make any payment
to Subreaipient under this Contract, Deparhnent acknowledges that it hes received obligations from those sources
which, if paid, wlll be su�ctent to pay the allowable costs incurred by Subrecipient uader this Contract.
D. Depathnent is not liable for any cost incurred by Subreclpient which:
1. is subject to reimbursement by a sourca other than Deparhnent;
2, is for performance of servIces or acdvlties not authorized by the LIHEAP Act, State Itules, or which ls not in
accordance with the terms of this Contract;
3, is not incursed during the Contraot Term;
4. Is not reporrod to Deparhnant on a monthly expenditure or performence report within forty-five (45) oalender
days following the end of the Contract Term; or
5. is incurred for the purchase or permanent improvement of real properly. �
E. Notwithstending any other provision of tlus Contract, Depsrtment shall only be liable to Subrecipient for allowable
costs sctuslly incun�ed or petformances renderod for activIties specified in the LIHEAP Act. '
F. Natwithstending any other provision of this Conhact, the total of all payments snd other obligations incuned by
Deparhnont under this ConU�sct shall not exceed the sum of 56,287,575.00.
SECTTON 5. METHOD OF PAYMENT/CASH BA.LANCES
A. REOUEST FOR ADVANCB. Subrecipient may request en advance for up to thirly (30) days. SubrecipienYs request
for cash advance shall be limited to the minimum amount needed and be tImed to .be in accordance with the actual,
immediate cash requirements of the Subrocipient or an advance of $5,000, whichever is greater. In carrying out the
purpose of this Contract, Subreclpient must request sn advance paymcnt by submitting a praperly completed monthly
expenditure report to Department through the electronic reporting system no leter than the fifteenth (15th) dsy of the
month prior to the month for which advance payment is sought, together with such supporttng documentation es the
Dopartment msy ressonably request.
B. DISBURSEMENT PROCEDURBS. Subreoipient shall estsblish proceduros to miniailze the tlme between the
disbursement of funds 4om Department to Subreoipient and the expenditure of such funds by Subrecipient.
C. DBPARTMiNT OBLIGATIONS. SubsecHon 5(A) of this Contract notwithstanding, Deparhnent reserves tha r3ght to
utilize a modified cost reimbursement method of payment, whereby reimbursement of costs incurred by a Subreoipient
is msde only after tho Department has reviewed end epproved backup dooumentation provided by the Subrecipient to
support suoh costs for all funds, if at sny time (1) SubrecIpient maintains cash balances in excess of need or requests
advance payments �n excess of thiriy (30) days need, (2) Aepartment identifies any defioiency in the cash controls or
financial management system used by Subrecipient, (3) Subrecipiont owes the Departmont funds, or (4) Subrecipient
violates any of the terms ofthis Contract.
D. AI.LOWABLE EXPENSES, All funds paid to Subrecipient pursuant to this Contract are for the payment of allowable
expenditures to be used for the exclusive benefit of the low-income population of Subreoipient's Service Area incurred
durtng the Conhact Term, SubreoIpient may incur costs for activiNes assacIated wlth the closeout of the CEAP
coniract for a period not to exceed forty-�ive (45) calendar days from the end of the Contract Term.
E. jtEPAYMENT. Subrecipient shall repay, wIthin fifteen (15) calendar days of the Department's request, any sum of
money ps{d to Subrecipient which DeparGment determines has resulted in an overpayment or has not been spent in
accordance with the terms of this Conhact.
SECTION 6. ADMINISTRATIVE REQUIItEMENTS, COST PRINCIPLES AND AUAIT REQUIREMENTS
p, �nMiNiSTRATNE REOUIREMENTS AND COST PRINCIPLES. Except es expressly modified by law or tho
terms of this Contrsct, Subrecipient shall comply with the cost principles end uniform adminiskrative requlrements set
forth in the stete Uniform Grant Msnagement Stsndards, 34 TAC §20.421 in effect on the of%ctive date of this
Contract ("UGMS"). All references thereln to "local govemment" shall be construed to mean Subrecipient.
B. TNDIItECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
Page 2 of 25
C. AUDTT RSOLTIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and Subpart F of 2 CFR
Part 200. The expenditure threshold requiring an audit is $750,000 of Fedoral funds,
D. AUDIT RLVIEW. Department reserves the rlght to conduot additlonal audits of the funds received and performances
rendered under this Contract. Subrecipient agrees to permit Depaitment or its authorized representative to audit
Subreciplent's records and to obtain any documents, materials, or informstion necessary to facllitate such audit.
E. CERTIFICATION FORM, For any fiscal year ending wlthin or one year after tha Contract Term, Subrecipient must
submit an "Audit Certification Form" (sveilable from the Depertment) within sixty (60) days afier the Subreclplent's
fiscal yeer end. If the Subrecipient's Single Audit is required by 2 CFR Part 200, Subpart F, the report must be
submitted to the Federal Audlt C1earinghouse ("FAC") the earlier of 30 calendar days after receipt of the auditor's
report or nine (9) months sRer the end of its respective ftscal yesr. As noted in 10 TAC §1,403(�, Subrecipient is
required to submit a notification to Deparhnent within five (5) business days of submission to the FAC. Along with the
notice, indicate if the auditor issued a mansgement letter. If there is a management letter, a copy of the letter must be
sent to the Deparhnent. Both the notice and the copy of the management letter, if applicable, must be submitted to
SAandACF(n3tdhca,state.tx,us.
F. SUBCONTRACTS, The Subreoipient shall include language in eny subconhact that provtdes the Department the
ability to dlrectly raview, monitor, and/or audit the operaHonal and fmancisl performance and/or records of work
performed under this Contract.
SECTION 7. DEOBLIGATION, TERMINATION AND SUSPENSION
A. DEOBLIGATION. The Deparknent may deobligate funds from Subrecipient in accordance with 10 TAC §1.411, 10
TAC §6.304, end Chapter 2105 of the Texss Government Code. . The Department msy also deobllgste funds from this
Contreot in whole or in part if Subreaipient missing any of the expendilure deadlines listed In the Performance
Statement attached as Exhibit B to this Contrsat.
B. TBRMINATION. Pursuant to 10 TAC §§2.202 and 2,203, the Department may terminate this Contract, in whole or
in part, st any time Depa�tment determines that there is ceuse for termination. Cause for termination includes, but is
not limited to, Subrecipient's failure to comply with eny term of this Contract or reasonable belief thet Subrecipient
cannot or will not comply wlth the requirements oftha Contract.
C. GENBRAL. Subreolpient's failure to expend the funds provided under this Conlract in a timely manner may result in
either the termination of this Contract or Subrecipient's ineligibility to roceive additional funding under CEAP, or a
reduction in the original allocation of funds to Subrecipient.
D. SUSPENSION. Nothing in this Secrion 7 shall be construed to limit DeparlmenYs authorlty to withhold payment snd
immediately suspend this Conhact if Departtnent identifies possible instences of fraud, abuse, waste, fiscsl
mismanagement, or other deficiencIes in Subrecipient's performanco including but not 1'vnited to, 5ubrecipient's
failure to con•ect any monitoring findings on this or any state contraot or on a single audit review.
E. WITHI30LDING OF PAYIvIENTS. Notwithstanding any oxercise by Dapartment of its right of deobligadon,
terminarion or suspension, Subrecipient shall not be relieved of any liability to Depaitment for damages by vIrtue of
eny broaoh of thls Contraot by Subrecipient. Department may withhold any payment due to Subrecipient until such
tlme as the exact amount of damages due to Department is agreed upon or is otherwlse determined in writing between
the Perties.
F. LIABILITY. Deparhnent shall not be liable for any wsts incurred by Subrecipient after termination or during
suspcnsion of this Contract, or for any costs that are disellowed.
SECTION S. ALLOWABLE EXPENDITiJitES
A. The allowabil{ty of Subrecipient's costs incurred in the performance of this Contract shall be determined in
sccordence with the provlsions of Sectlon 4 of the Contract and the regulations set forth in the LI�IIEAP Act and the
State Rules, subject to the limitations and exceptions set forth in this Section 8.
B. CBAl' funds sllow up to 7.22% of the award amount to be utilized for administrative costs, Administrative costs
incurred by Subrecipient in performing this Contract are to be bssed on sctual progremmstic expenditures and shall ba
allowed up to the amount outlined in the Budget attached hereto as ixh bit A, filigtble admin3strative costs lnclude
costs related to stafi performance of inenagement, accounting and reporting acdvities in accordance with the LII�EAP
State Plan.
Page 3 of 25
C. Adminish•ativa and program services activldes funds sre earned through provision of direct services to clients in
acca•dance with the State Rules. Subrecipient msy choose to submit s finel budget revision no later than forty-five
(45) oalendar days prior to the end of the Contract Term to use lts administrstiva and program services funds for direct
service categories.
S�CTION 9. R�CORDICE�PING R�QUIREMENTS
A. GENERAL. Subrecipient shall comply with sll the record keeping requirements set forth below end shall maintein
fiscal and programma$c records and supporting documentation for all expenditures of funds made under this Contract
in accordance with the Uniform Grant Management Standerds, Chspter III, "Stete Uniform Administrative
ltequirements for Grants and Cooperative Agreements", Subpart C-Post Award Requirements, §_.42. Subrecipient
agrees to comply wIth any changes to the UGMS record keeping requirements. For purposes of complianca
monitoring, all essociated documentation must be readily available, whether stored electronically or hard copy to
demonstrate compliance with Subrecipient Pei%rmanca ss outlined in Section 3.
B. OPEN I2ECORDS. Subrecipient acknowledges that ell lnformation collected, assembled, or maintained by
Subrecipient pertaining to this Coniract, except records mada confidential by law, is subject to the Texas Public
information Act (Chaptar 552 of Texes Government Code) and must provide citizens, public agencies, and other
interested partias with reasoneble sccess to all records pertaining to this Contract subject to and in accordance with the
Texas Publlc Information Act.
C. ACCESS TO RECORDS. Subrecipient shall give the U.S. Department of Health and Human Services, the U.S.
Qeneral Accounting Office, the Texas Compiro]ler, the State Auditor's Office, and Departtnent, or any of their duly
authorfzed representatives, access to and the right to examine and copy, on or off the premises of Subrecipient, sll
records pertainiag to this Contract, Such rtght to access shall continue as long as the records are retatned by
Subrecipient. Subreclpient agrees to cooperate with any examination conducted pursuant to this Subsecrion C.
D. RECORD RETSNTTON. S�brecipient agrees to maintain such records ln sn accesslble location for the greater ofl (i)
the time period descrlbed in the state Uniform C�rant Manegement Standards, Chapter III, "State Uniform
Administrative Requirements for Grents and Cooperativa Agreemants", Subpart C-Post Award Requirements, §_.42;
(li) the date that the final audit is sccepted with all audit issues resolved to the Aepar�ent's sattsfacHon if the
Department notifies the Subrecipient in writing; (iii) if any litigation claim, negottation, inspecHon, or other action bes
started before the expiraHon of the required retention period records must be retained until completion of the action
and resolutlon of all issues which arise under it; or (iv) a date consistent with any other period required by the
performed activity reflected in federal or state law or regulation, Upon tarmination of this Contrsct, all records are
properiy ofthe Department,
B. CLIENT FILES. Subrecipient shall maintain a client file system to document d'uect services rendered. Subrecipient
shall malntain wmplete client files at all times. Costs essociated with incomplete fites found at the time of progrsm
monitoring may be disallowed. Each client file shall contsin the following;
1. Client application contatning all Department requtrements;
2. Documentation/verlfication of client income for the thirty (30) days preceding their application for all
Household members eighteen (18) years end older, or Declaretion of Income Statement (DIS) (if applicable).
In order to use tba DIS form, each Subrecipient shall develop and implement a written policy and pincedure on
tha use of the form.
3. Copy of client's urility bill(s);
4. Energy consumptlon history for previous twelve (12) months (all fuel types) OR or Deparhnent approved
Alternativa Billing Method;
S. Documentatlon of payment (Documentadon of payment may be maintained In a soparate file, but must be
accessible to the Depsrtrnent.);
6. Documentation of benefits determinatton;
7. Noflee of Denial Form (if applicable);
8. Right of appeal end procedures for denial or termination of services (if applioable);
9, Any documentation required by d'uectives provided by the Deparhnent;
10. Priorlty rating form; and
11. Case notes sufficlant to document that program service acrivity hss occurred.;
12. Household Status Verificarion Form for all household members; and
13. SAVE printout (if epplicable).
F. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all subcontracts.
Page 4 of 25
S�CTION 10, R�PORTING R�QUIR�M�NTS
A. FiTNDING REPORT. By the 15th of esah month, Subrecipient shall electronically submit to Depaiiment, a Funding
Report of all expenditures of funds and clients served under this Conh•ect during the previous month. These reports
are due even if Subrecipiont has no new activity to report durIng the month.
B. INVENTORY. In accordance with 10 TAC §1,407, Subrecipient shall submit to Aepa�tment, no later than forty-five
(45) calendsr days after the end of the Contract Tertn, an inventory of all vehicles, tools, and equipment wlth a unit
acquisition cost of $5,000.00 and/or a useful life of more than one year, if purchesed in whola or in part with funds
received under this Contract or previous CEAP contracts. The inventory shall include the vehicles, tools, equipment,
and appliances purchesed with Energy Crlsis funds on hand as of the last day of the Contract Term, Subreciplent
scknowledges thet all equipment and supplles purchased with funds from the CEAP are the property of CEAP end as
such, stay with the Subrecipient that provides CEAP servlces in the Servtce Area,
C. FWAL REPORTS. Subrecipient shall electronically submit to Deparhnent, no lster than forty-five (45) calendar days
after the end of the Contract Term, s imal report of all expenditures of funds end clients served under this Contract.
Failure of Subrecipient to provide a full sccounting of funds expended under this Conhact may result in the
termination of this Contract and ineligibility to receive additional fUnds. If Subreclpient fails to submlt a fmal
expenditure/performance report within forty-five (45) calendar days of the end of the Contract Term, Depaitraent will
use the last report submitted by Subrecipient as the imal report,
D. HOUSEHOLD DATA. By the 15th of esoh month, Subreciplent shell electronically upload data on Households
served in the previous month into the CA Performence Measures Module located in the Community Affairs Conhaot
System.
E. �EFAULT. If Subrecipient fails to submit within forly-five (45) calandar dsys of its due date, any report or response
required by this Contract, including responses to monitoring reports, Department may, in its sole discretion,
deobligate, withhold, or suspend any or all payments otherwise due or requested by Subrecipient hereunder, and/or
initiate proceedings to terminate this Conhaot in accordance with Section 7 of this Contract.
F. UN10UE ENTITY IDENTIFIER NUMBER Subrecipient shall provide
Numbering System (DUNS) number and a Central Contrautor Registratton
Unique Bntity IdenHfier Number on all contracts and agreements. The
document from Dun and Bradstreet and the cuaent CCR number must be
the https://www.sam.gov website. These documents must be provided to t
paymant to Subreolpient. Subrecipient shall maintaln a current DUNS
Contract Term.
SECTIONII. VENDORA.GREEMCNTS
the Deparhnent with a Data Universal
(CCR) System number to be used as the
DUNS number must be provided in a
submitted from a document retrieved from
he Deparhnent prior to tho processing fust
number end CCR number for the entire
For esch of Subrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement that contains
asswances relating to fair bIlling practIas, delivery procedures, end pricing procedures for business transactions involving
CBAP clients. All vendor agreements ere subjeot to monitoring procedures performed by TDHCA. All vendor agreements
must be renegotIated at least every two years.
SECTYON 12. CHANGES AND AMENDMENTS
,�. �q,rrrnumNTc arrn ( NAN(:F.S �pUIItED BY LAW. Any chenge, addition or deletion to the terms of this
Contract required by a change in fede�•al or state law or regulation is automatically incorporated hei�eIn and is effecHve
on the date designated by suoh law or regulstion without the roquu•ement of a written smendment hereto. Sald
chenges, additions, or deletions referenced under this Section 12 may be flarther evidenced in a written amendment.
B, GENERAL. Bxcept as specificslly provided otherwise in this Contract, any changes, additlons, or delerions to the
terms of this Contzact shall be in writing and oxecuted by both Parties to this Conhsct,
C. FACSIMLLIE SIGNAT(JRES. If any Party returns an executed copy by facsimile machIne or elechonic transmission,
the signing party intends the copy of its suthorized signeture printed by the receiving machine or the electronic
transmission, to be its orlginal signature.
D. ItEOUEST. Wrltten requests for a Contract amendment must be received by the Department by no later than
forty-five (45) days prior to the end of the Contract Term.
Page 5 of 25
SECTION 13. PROGI2AM INCOMG
Subrecipient shall account for and expend program income derived from aotivlties financed in whole or in part with funds
provlded under this Contract ln accordance with the state Uniform Grent Manegement Standards, more specificaqy,
Chapter III, "State Uniform Administrative Requirements For Grsnts and Cooperative Agreements", Subpsrt C-
Post-Award Requirements--Financial AdministraHon, §_.25, Program Income. '
SECTION 14. TECHNICAI. ASSISTANCE AND MOIVITORING
Deparhnont may issue technical guidance to explain the rules end provide d�rections on terms of this Contract. Deparhnent
or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's complience wlth the terms of this
Conhact. beparlment's monitoring may include a review of the effioienoy, economy, and efficacy of Subrecipient's
performance. Department will notify Subrecipient in vin•iting of any defcIencies noted during such monitoring.
Department may provide training and technical assistance to Subreoipient in correcting the deficiencies noted. Aeparhnent
may require corrective action to remedy deficiencies noted in Subrecipient's accounting, personnel, procurement, and
menagement procedures and systems in order to comply with Stste or Federal requirements. Deparhnent may conduct
follow-up vlsits to review the previously noted deficlencies and to assess the Subreclpient's efforts made to correct them.
Repeated deficiencies may result in disallowed costs. Deparhnent may tertninate or suspend thls Contract or invoke other
remedies Department determines to be appropriate in the event monitoring reveals msterial deficiencies in Subrecipient's
performance, or Subrecipient fails to coaect any deficienay within a ressonable period of time, as determined by the
Deparhnent. Department or its designee may conduct an ongoing program evaluation throughout the Contract Term.
Department may issue such corrective setlons in eccordanco with 10 TAC §2,203.
SECTION 15. INDEPENDENT SUBRECIPI�NT
Subrecipient is an independent contractor.
SECTION 16. PROCUREM�NT STANDARDS
A. Subreoipient shall comply with UGMS and 10 TAC §1,404, this Contract, and sll epplicable federal, state, end loeal
laws, regulations, and ordinances for making proourement transactions snd purchases under this Contract.
B. Subrecipient may not use fGnds provided under this Contract to purchase equlpment (as defined by UGMS) with a unit
acquisirion wst (the net involce uait price of an item of equipment) of more than $5,000.00 or on any velriole purchase
unloss Subrecipient has received the prior wrltten approval from the Department for suoh purchase.
C. When the Subrecipient no longer needs equipment purahased with CBAP grant funds, regardless of purchase price, or
upon the termination of this Conh�sct, Department may take possession and trsnsfer title to any such property or
equipment to the Department or to a thtrd psrty or may seek reimbursement from Subreoipient of the cunent unit price
of the ' item of equipment, in Department's sole determinaHon. Subrecipient must request permission from the
Aepartrnent to transfer title or dispose of equipment purchased with CEAP grant funds.
SECTYON 17. SUBCONTRACTS
A. Subrecipient may not subgrant funds under this Contract or subconhact the primary performance of this Contract,
including but not limited to expendilure and performence reporting and drawing fGnds through the Community Affsirs
Contract System, and only may enter into properly procurod subconhactuel agreements for consulting and other
professional services, if Subreclpient has received Deparknent's prlor written approvel. Subrecipient may subcontract
for the delivery of client assistance without obteining Deparhnent's prior approval, Any subeonhact for the delivery of
client assistence will be subject to monitoring by the Daparlment,
B, Tn no event shall any provision of this Section 17, specifically the requirement that Subreoipiant obtain Department's
prior written approva( of a subconhactor, be construed as relieving Subreciplent of the responsibility for ensuring that
the performances rendered under all subconhaots are rendered so as to comply with all of the terms of this Contract, as
1f such performences rendered were rendared by Subrecipient. Department's approvsl under this Section 17 does not
constitute adoption, ratiftcation, or acceptance of SubreclpienNs or subcontracto�'s performance hereunder.
Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract.
Depsrnnent's approval under this SecHon 17 does not waive any rlght of action whlch may exlst or which may
subsequently accrue to Department under this Contraot,
Page 6 of 25
S�CTION 18. TRAV�L
The traval funds are to be used only for Depertment-approved training events, Subrecipient shall adhere to 2 CFR Psrt
200 (as applicable) and either its board-approved travel poltcy (not to exceed the amounis established in subchapter I of
Chapter 57 of Title 5, United States Code "Travet and SubsIstence fixpenses; Mileege Allowances), or in the absence of
such a policy, the State of Texas travel polioies under 10 TAC §1.408. Subreclplent's wrltten travel policy shall delineate
the rates whioh Subreciplent shall usa in computing the travel and per diem expenses of its board members and employees.
SECTTOI�I 19. BONDING AND 1NSURANC� R�QUIItENf�NTS
A. �AXMEbNT AND PERFORMANCE BOND. If Subreoipient will enter in to a construction or facility
improvements contraot with a third-party in the emount of $25,000.00 or greater, Subrecipient must exeoute with the
conhsctor a payment bond in the full amount of the contract, If the Subrecipient will enter in to conhact with s prlme
conhactor in excess of $100,000.0U, a perfoiYnance bond in the full amount of the contract is also required. These
bonds must be executed by a wrporate surety authorized to do business in Texas, a list of which may be obtained f%om
the Stste Insurance Deparhnent. Such assurances of completion wlll run to the Department es obligee end must be
documented prlor to the start of construction. This bonding requirement applies to the extent required by federal or
state law.
B. INSURANCE. Subrecipient sball maintain adequate personal injury and property demage liability insursnce.
Subreaipient is encouraged to obtain pollution occurrence insurance in addition to the general liability insurance.
Generally, regular liability insurance policies do not provide coverage for potential effects of many health and sefety
measures, such ss lead disturbances and other pollutton occurrence items. Subrecipient should revtew existing policies
to determine if lead contanvnation is covered, If it is not, Subrecipient should consider securing adequate coverage
for all construction projects. Additional liability insurence costs may be paid from administrative fi�nds. The
Department strongly recommends the Subrecipient require their contractors to cazry poliution occurrence insurance to
avoid being liable for any mistakes the contractors may make. Lach egenoy should get a legel opinion regarding the
best course to take for implemanting the pollution occurrence insurance coverage.
SECTION 20. iITIGATION AND CLAIMS
Subrecipient shsll give Department Lnmediate written notice of any claim or action filed with a court or adminishative
agency against Subrecipient and erlsing out of the performance of this Conhact or any subcontract hereunder. Subreclpient
shall fumish to Department copies of sil pertinent pspers received by Subreclpient with respect to such action or claim.
SEC'I'ION 21. LEGAL AUTHORITY
A, �FrAT. Ai1THORTTY. Subrecipient assures and guarsntees that it possesses the legal authority to entor into this
Contraot, to receive and manage tho funds authorized by this Contract, end to perform the services Subrecipient has
obligated itself to perform hereunder. The execuNon, delivery, and performance of this Contraot will not vlolate
SubrecipienYs constitutive doouments or sny requirement to which Subreciptent is subject and represents the legal,
valid, and binding agreement of Subrecipient, enforceable in accordance wlth its terms.
B. S�IGNATURE AUTHORITY. The person signing this Contrsct on behslf of Subrecipient hereby warrants that he/she
has been duly authorized by the Subrecfplent's goveming board to execute this Contract on behalf of Subrecipient and
to velidly and legally bind Subrecipient to the terms, provisions and performances herein
C. TERMINATION: LIABILITY. Deparhnent shall have tl�e right to suspend or termiaate this Contract if there is a
dispute as to the legal authority of either Subrecipient, or the person slgning this Contract on behalf of Subrecipient, to
enter into this Contract or to render performences hereunder. Subreoipient is liable to Depertment for any money it has
received from Department for performance of the provisions of this Contract, if the Depsrtment has terminated this
Conhact for reasons enumerated in this Section 21.
D. MERGER• DEFAULT. Subrecipient understsnds thet it is en event of dcfault under this Contract if the Subrecipient
llquidates, tecminates, dissolves, merges, consolidetes or fails to maintain good standing in the State of Texas, end
suoh is not cured prior to csusing material harm to Subrecipient's ability to perform under the terms of this Contract,
Psge 7 of 25
S�CTION 22, COMPLTANC� WITH LAWS
A. PEDBRAI, STATE AND LOCAL LAW. Subrecipient shall comply with the LIIiSAP Act, the federal rules and
regulations promulgeted under the LIHEAP Act, the State Act, Chapter 2105 of the Texes Governmont Code, the
State Rules, LII�AP State Plan, the certificaHons attached, and all federal, state, and local lsws and regulations
applicable to the performance of this Contraot, Subrecipient shall not vlolate any federal, state, or local laws, stated
herein or otherwise, nor commit any illegal sotivity in the perfoimance of or associated with the performence of this
Contrect. No funds under this Conhact shall be used for any illegal acHvity or activity that violates any federel, state
or local laws.
B. DTtUG-FREB WO�tKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the "Certification
Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B that it is implemanting the
Drug-Free Workplace Act of 1988 (41 U.S,C. §701, ef seq) and HUD's implementing regulations inaJuding, wlthout
limitation, 2 CFR Parts 182 and 2429,
C. LIlvIITED ENGLISH PROFICIENCY (LEPI. Subrecipient must pmvide program applioations, forms, and
educationat materials in English, Spanish, and any appropriste lenguage, based on the needs of the Service Area and in
compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, the
Subrecipient must take reesonable steps to insure that persons with Limited Bnglish Proficiency have meaningful
access to the program. Meeningful access may entail providing langusge assistance services, lncluding oral and
written translarion, where neeessary.
D. XNFORMATION SECURITY AND PRNACY REOUIREMBNTS.
1. General. Subreoipient shall comply with the taformstion seourity end prlvacy requirements under 10 TAC § 1.24 to
ensure the security and privacy of Protected Information (es said term is defined under 10 TAC § 1.24).
2. Information Securlty snd Privacy Agreement ("ISPA"). Prior to beginning any work undar this Contract,
3ubrecipient shall either (i) have an effecriva, fiilly executed ISPA, as required by 10 TAC §1.24, on file with the
bepar6ment, or (ii) will execute and submit to the Department an ISPA in accordance with instructions found on the
Deparlment's website st the "InformaHon Sacurity and Prlvacy AgreemenY' link.
E. PREVENTION OF TRAFkTCKING. Subreclpient and its contractors must comply with Section 106(g) of the
Trefftckfng Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrocipient or its conhaotor or
subcontractor engages in, or uses lebor recruiters, brokers or other agents who engage in any of the probibited
activities under Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may terminate this
Contract and Subrecipient horeby agrees and acknowledges thst upon termination, Subrecipient 's rights to any funds
shall be terminated.
SECTION 23. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, end correct waste, fraud,
end abuse in activities funded under this Conhact. The systams and procedures shall address posstble waste, fraud,
and abuse by Subrecipient, its employees, clients, vendors, subcontractors end administering agencies. Subi�ecipient's
internal control systems and sll transactions end other signifcant events are to be clearly documented, and the
documentation is to be readily available for monitoring by Department.
B. Subrecipient shall give Dcparhnent wmplete access to all of its records, employees, and agents for the purposes of
any investigation of the Comprehensive Energy Assistance Program, Subreclpient shall immadiately notify
Department of any discovery of waste, fraud, or abuse. Subrecipient shall fully woperate with Deparhnent's efforts to
detect, investlgato, and prevent waste, &aud, end abuse in the Comprehensive Bnergy Assistance Program.
C. Subreclpient may not discrlmtnate agsinst any employee or other person who reports a violation of the terms of thls
Contract, or of eny law or regulstion, to Depsrtment or to any eppropriate law enforcement authority, if the report is
made in good faith.
Page 8 of 25
SECTION 24. CERTII�ICATION R�GARDING UPIDOCTJMENT�D WORI�RS
Pursusnt to Chapter 2264 of the Texas Government Code, by execution of this Conhact, Subreclpient hereby certifies thst
Subreclpient/Local Operator, or a branch, divislon, or depattment 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 petmanent residence to the United States or suthorized under law to be employed in that manner in
the United Ststes. If, after �•eceiving a public subsidy, Subrecipient, or a branch, division, or depaz•hnent of Subrocipient is
convicted of a violation under 8 U.S.C. §1324a(�, Subrecipient shall repay the public subsidy with interest, at a rate of five
percent (5%) per annum, not later than the 120th day after the date the Department notifies Subreciplent of the violation.
S�CTTON 25. CONFLICT OF 1NTER�3T/NEPOTISM
A. Subrecipient shall maintain written standards of conduct goveming the performance of its employees engaged in the
award and administration of conh�aots.
B. No employee, officer, or agent of Subrecipient shall participste in the selecHon, 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 partnor, or an
organizerion which employs or is ebout to employ any of the Partles indicated herein, has a financial or other interest
in the firm selected for an award.
C. The officers, employees, and agents of the Subreoipient shall neither solicit aor accept gratuities, favors, or anything
of monetary value from contractors, or parties to subagreements, Subreaipient may set standards for situations in
which the financial interest is not substantial or the gift is an unsolicited item of nominsl value. The standards of
conduct shell provide for disciplinary sctions to be applied for violallons of such standards by officers, employees, or
sgents of the Subreclpient.
D. Subrecipient shall, in sddition to the requirements of this Section 25, 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.
B. Failure to maintain written standards of conduct and to follow and enforce the written standards is a wndirion of
default under this Conhact and may rasult in termination of the Contract or deobligation of funds.
SECTION 26. POLITICAT, ACTIVITY PROHIBTPED
A, None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the
passage or defeat of any legislative measure. This proMbiHon shall not be construed to prevent any state offioial or
employee from furnishing to sny member of its goveming body upon request, or to any other locel 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 informaHon.
B. No funds provided under this Contract may be used direotly or indirectly to hiro employees or in any other way fund
or support candidetes for the legisletive, executive, or judicisl branohes of govemment, the State of Texss, or the
government of the United States.
C. None of the funds provIded under tMs Contract shall be used to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congrass,
or en employee of a member of Congress in connection with obteining eny Federal contract, grant or eny other award
governed by the Byrd Antl-Lobbying Amendment (31 U.S.C. §1352) as the Development Owner end each of its tiers
have certified by their execuHon of the "Certification Regarding Lobbying for Conhacts, Grants, Loans, snd
Cooperetive Agreements" attached hereto as Addendum A and incorporated herein for all relevant purposes.
SECIZON 27. NON-DISCRINIINATiON AND EQUAL OPPORTifNITY
A. NON-DISCRIlVIINATTON. A person shall not be excluded from particlpation 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 msde available under this Contract, on the grounds of race,
color, religion, sex, national orlgin, age, disabllity, political affilistion or belief.
Page 9 of 25
B. �n�AL OPPO1tTIJI�]ITY. Subrectpient ag►'ees to carry out an Equal Employment Opportunity Progrem in keeping
wlth the principles as provided in President's fixecutive Orde►• 11246of September 24, ]965, as amended, and its
implementing regulations et 41 CFR Part 60.
C. ACCESSIBILIT'Y. Subreclplent must meet the standerds under (i) Section 504 of the Itehabilitetion Act of 1973 (5
U.S.C. §794) and (ii) Titles II and III of the AmerIcans with Disabilities Act (42 U.S.C. §§12131-12189; 47 U.S.C. §
§155, 201, 218 and 255) as implemented by U. S. Depar[ment of Justice at 28 CFR Perts 35 end 36. Subrecipient
shall operate eaoh program or activity receiving finaz►cial ssslstance so that the program or activity, when viewed in its
entirety, is readily sccessible and usable by Indlvlduals with dissbilities, Subreaipient is also required to provide
reesonable accommodations for persons with disabilittes.
D. SUBCONTRACTS. Subrecipiant wlll include the substance of thls Section 27 in all subcontracts.
SECTION 28. AEBARREA AND SUSPENDED PARTIES
By signing this Conhact, Subreoipient certifies that none of its principsl employees, board members, egents, or contrsctors
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarlly excluded by any federal
deparhnent or agency as provided in the Certificstion Regerding Debarment, Suspenslon and Othar Responsibility Matters
attached hereto es �ddendum D and incorporated herein for all relevant purposes. The terms "covered transaction",
"debarred", "suspended", "ineligible", "lower tier covered trensaction", "participanP', "person", "primary covered
transaction", "principal", "proposal", end "voluntarily excluded", es used in the certification attached es Addendum D,
have the meaning set out in the Aefinitions and Coverage sections of rules implementing Bxecutive Order 12549.
Subrecipient also certifies that it will not knowingly award any funds provided by this Contract to any person who is
proposed for debarrnent under 48 CFR Part 9, subpart 9.4 or thst is debarred, suspended, or otherwise excluded from or
ineligible for participaHon in federal assistance programs under Executiva Order 12549. Subrecipient agrees that prior to
entering into any agreement with a potential subcontractor that the vertfication process to comply with this requlrement
will be eccomplished by cheaking the System for Award Management (SAlvn at www.sam.gov and including a copy of the
results in its project fites. Subrecipient may decide tha frequenay by which it determines the eligibility of its
subcontractors. Subreoipient may rely upon a certlfioadon of a prospective subwntractor that is not proposed for
debarment under 48 CFR Pert 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless Subrecipient lmows that the certiFicetion is erroneous, Failure of Subrecipient to furnish the
certificafion attaahed hereto es Addendum D or an explanation of why it cannot provide seid certification shall disqualify
Subreciptent from participation under this Contraot. The certification or explanation will be considared in cotmeaHon with
the Deparhment's determination whether to contlnue with this Contract. Subrecipient shall provida Immediate written
notice to Department if et any time Subreclpient leams that the certification was enoneous when submitted or has become
erroneous by reason of changed circumstances. Subrecipient furthor egrees by executing this Contraat thst it will include
the certiIIcatlon provislon titled "CertificaHon Regarding Aebarment, Suspension, Ineligibility snd Voluntary
Exclusive-Subcontracts," as set out 1n Addendum D, without modification, and this language under this SecHon 28, in ell
its subconiracts.
SECTION 29. FAITH BAS�D AND SECTARIAN ACTMTY
Funds provided under this Contract may not
religious instrucdon or proselytizstion, and
Subreclpient shall comply wiW the regulstion
("HHS") at 45 CFR Part 87.
SECTION 30. COPXRIGHT
be used for sectarlsn or explicltly relig{ous scttviHes such as worship,
must be for the benefit of persons regardless of religious affiliation.
s promulgated by the U. S. �Department of Heelth and Humen Services
Subrecipient may copyrlght materials daveloped in the performance of this Contract or with funds expended under this
Contract, Deparhnent and HHS shall each have a royalty-free, nonexclusive, and irrevocable right to repraduce, publish,
or otherwise use, and to authorize others to use, the copyrighted work for govcrnment purposes.
SECTION 31. NO WAIVER
Any right or remedy given to Department by this Conhact shall not preclude the existence of any other right or remedy,
nor shall any acrion taken in the exercise of any right or remedy be deemed a walver of any other r3ght or remedy. The
failure of Deparhnent to exercise any right or remedy on eny occasion shall not constitute a waiver of Deparhnent's right to
exercise that or any other rIght or remedy at a later time. �
Page 10 of 25
S�CTIOPI32. SEV�ItABII,ITX
If any section or provision of this Conh•act is held to be invalid or unenforceable by a court or administrative tribunal of
competent jurisdictlon, the remainder shall remain valid snd binding.
SECTION 33. ORAL AND WRITTEN AGAG�iVI�NTS
A. All oral and wtitten egreements between the Parties relating to the subject matter of this Contract have been reduced to
wriNng and are contained in this Contrsct.
B. The attachments enumerated and denomineted below ere a part of this Contract and constitute promised performances
under this Contract:
1. Addendum A- Certificatlon Regarding Lobbying for Contracts, Grants, Losns, end CooperaHve Agreements
2. Addandum B- Certificarion Regarding Drug-Free Workplace Requirements
3. �+ddendum �- Certificetion Regarding Environmentel Tobacco Smoke
4. �.ddendum D- Certification Regarding Debarmeat, Suspension and Other Responstbility Matters
5, �lddendum B - PItWORA 12equirements
6, xh� ibit A- Budget
SECTION 34. SPECIAL CONDITIONS
A, In order to aclueve compliance with the LII�?A.P Act, Subreclpient must coordinete wlth other energy related
pcograms, Speaifically, Subrecipient must make documented referrals to the local Weatherization Assistance
Program.
B. Subrecipient shall accept appllcattons for CBAP benefits at sites that are geographically accesslble to all Households
in the Service Area. Subreoipient shall provida filderly Persons and Persons with Disabilities who cennot
Independently travel to the spplication slte the means to submit epplicsdons for CfiAP benefits without leaving their
residonce or by securing transportstion for them to the sttes that accept such epplications.
SECTION 35. APPEALS PROCESS
In compliance with the LIIiEAP Act, Subrecipient must provide an opportunIty for a fair sdminish�ative hearing to
lndividuals whose applicaHon for assistance is deuied, terminated or not acted upon in a tlmely manner. Subrecipient must
establish a denial of service compleint procedure in accordance with 10 TAC §6.8.
SECTION 36. YJSE OF ALCOHOLTC BEVERAGES
Funds provlded under this Contract may not be used for the payment of salaries to any Subrecipient's employees who use
alcoholic beverages while on acrive duty, for travel expenses expended for alcoholic beverages, or for the purchase of
elcoholic beverages.
SECTION 37. FORCE MAJURE
If the obligations are delayed by the following, an equitable adJustment will be made for delay or failure to perform hereunder:
A, Any of the following events: (i) catashophic weather conditions or other exhaordtnary elements of nature or acts of
God; (i{) acts of war (declared or undealsred), (i�{) acts of terrorism, insurrection, r[ots, civil disorders, rebellion or
sabotege; and (iv) quarantines, diseese, psndemias, embargoes and other similer unusual actions of federal, provincial,
local or foreign Govemmentel AuthorIties; snd
B. The non-performing parly is without fault in ceusing or failing to prevent the occunence of such event, and such
occurrence could not have been circumvented by reasonable precautions and could not have besn prevented or
cIrcumvented through the use of commercially reesonable altemative sources, workaround plans or other means.
Page 11 of 25
S�CTION 38. ALT�RNATIVE DISPUT� R�SOLUTION
In accordence with Section 2306.082 of the Texas Government Coda, it is the Depariment's policy to encourage the use of
appropriate a4ternative dispute resolution proceduros ("ADR") undu• the Governmental Dispute Resolution Act and the
Negotiated Rulemaking Act (Chapters 2009 end 2006 respectively, Texas Government Code), to assist in the fair and
expeditious resolution of internal and external disputes lnvolving the beparhnent and the use of negotiated rulemsking
procedures for the sdoption of Department rules. As descrlbed in Chapter 154, Civil Practices and Remedies Code, ADR
procedures include medistion. Except as prohibited by l�eparhnent's ex parte communications poliay, Department
encourages informal communioations between Department staff and the Subrecipient, to exchange information and
informally resolve disputes, Department also has administrative appesls procosses to fa{rly and expeditiously resolve
disputes. If at any time the SubreoIpient would like to engage Depaitment in an ADR procedure, the Subreciplent may
send a propossl to DepartmenYs Dispute Resolution Coordinator. For addirional iaformstion on Department's ADR
policy, see DepartmenYs Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC § 1.17.
SECTTON 39. TAVIE TS OF TH� ESSENCE
Time is of the essence with respect to Subrecipient's complisnce with sll covenants, agreements, terms and wnditions of
this Contract.
SECTION 4U. COUNTERPARTS A.ND FACSINIII,E SIGNATURES
This Conhact may be executed in one or more counterpsrts each of which shall be deemed an orIginal but all of which
together shall consHtute one and the same instrumant. Signed signature pages may be transmitted by facslmile or other
electronic transmission, and any auch slgnature shsll have the same legal effect as sn original.
SECTION 41. MTMBER, GENDER
Unless the context requires otheitivise, the words of the mssculine gender shell include the feminine, and singular words
shall include the plursl.
SECTION 42. NOTiCE
A. If a notice Is provlded concerning this Contract, notice may be given at the following (herein referred to as
'Notice Address"):
As to Department:
TBXAS DBPARTMENT OF HOUSING AND COMMUNITX AFFAIRS
P. O. Box 13941
Ausrin, Texas 78711-3941
Attontion: Michael De Young
Telephone: (512)- 475-2125
Fax: (512) - 475-3935
michael.deyoungQtdhcs.state.bc.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Attention: Fernando Costa, Assistant City Manager
Telephonc: (81� 392-6122 Fax: (817) 392-6134 Email: fernando.costaQfortworthtexes.gov
B. All notices or other communications hereundor shell be deemed given when delivered, mailed by overnight servlce, or
five days sfter mailing by certified or registered mail, postage prepaid, retum roceipt requested, addressed to the
appropriate Notice Address es defined in the sbove Subsection A of this Secrion 42.
� C. Subreaipient shall provide contsot information to the Department in accordance with 10 TAC §6.6.
SECTION 43. VENUE AND JURISDICTiON
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to thts
Contract, venue shall lie in Travis County, Texas.
Page 12 of 25
S�CTION 44. LIMITATION ON ABOTtTION TUNDING
A., Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal snd state law, the
Depaitment may not enter lnto this Contract with an "abo►tion provider" or sn "affiliate" of an sbortion provider, ss
said terms are defined thereunder, if flmds under this Conhact aro appropriated fi•om state or locel tax revenue.
B. By execution of this Contraot, the 5ubrecipient hereby ceitifies that, as a condition of receipt of eny fLnds under this
Contract from state or local tax revenue, it ls eligible to receive said funds, and that it will not utilize said funds 9n any
way contrary to this SecHon 44 during the Contract Term,
SECTION 45. ASSTGNMENT
This Contract is made by Depertrnent to Subreclpient only. Accordingly, it is not sssignsble without the written consent
and agreement of Deparhnent, whiah consent may be withheld in Aepsrhnent's sole discretion,
EXECUTED to be effective on January 01, 2021
SUBRECIPIENT:
City of Fort Worth
a political subdtvis[on af the Stste of Texas
By; Fernando Costa
Title: Asslstent City Manager
Date: January 7, 2021 3:28 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNiTY A�'FAII2S,
a public and ofticlal #gency of the State of Texas
I
By: Robert Wilklnson
Title: Its duly authorized officer or representative
Date: January 8, 2021 8:53 am
Page 13 of25
TEXAS DEPARTMENT OF HOUSING AND COMMU1vITY AFFAIRS
2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
CONTRACT NO. 58210003378
(CFDA # 93.568)
APPROVED AS TO FORM AND LEGALITY:
���
Taylor Paris
Assistant City Attorney
ATTEST:
, /� -,I ,
Mary J. Kayser
City Secretary
M&C: 21-0017
Dated: January 12, 2021
CITY OF FORT WORTH
By: Fernando Costa (signed electronically-see attached contract)
Title: Assistant City Manager
Date: January 7, 2021
TEXA,S DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkiu�son (signed electronically-see attached contract)
Title: Its• duly authorized officer or representative
Date: January 8, 2021
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, ancluding ensuring all performance and reporting requirements.
• �.� /
Son�a��nglet (Jan20,20211221CST)
Sonia Singleton, Assistant Director
Neighborhood Services
T�7CAS D�PARTM�NT OF HOUSING ANA COMMUMTY A1�FAIRS
CONTRACT MJMBER 58210003378
FY 2021 COMPREHBNSIVE ENERG'Y ASSISTANCB PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM A
CEItT1I'ICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOP�RATTV� AGREEMENTS
The undersigned certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
Influencing, or attempting to influence an officer or employee of an sgency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress ln conneation with the awarding of any Federal
conhact, tha making of any Federal' grsnt, the making of eny Pederal loan, tho entering into of any cooperativa
sgreement, end the extension, continuation, ranewal, amendment or modificarion of any �Federal contract, grant, loan,
or caoperative egreement.
2. If eny funds othcr than Federal appropriated funds have been paid or will be paid to any person for influencing or
sttempting to influence sn officer or employee of any agency, s Member of Congress, en officer or employee of
Congress, or an employee of a Member of Congress in conneotion with this Federal contract, grant, loan, or
cooperativ4 agreament, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report
Lobbying", in accordsnce with its instr�ctions,
3. The undersigned shall require that the language of this certlfication be included in the awerd documents for all
sub-awards at all tiers (including subcontracts, sub-grants, end contracts undar grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disolose accordingly.
This certification is materiel representation of faot on which relianca was placed when this transaction was made or entered
into. Submission of this certificatlon is a prerequisite for making or entering into this trsnsaction imposed by Section
1352, Title 31 of the U.S, Code. Any person who fsils to file the required cartification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for esch suah feilure.
STATEMENT FOTt LOAN GUARANTEES AND LOAN INSiJRANCE
The undersigned states, to the best of Its knowledge and belief, that:
If any funds have been peid or will be paid to sny person for influencing or attempting to influence an off'icer or employee
of any agency, a Member of Congress, en officer or employee of Congress, or an employee of s Member of Congress ln
connection with this committnent provlding for the United States to insure or guarantee a loan,' the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Foim to Report Lobbying," in accordence with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction lmposed by Section 1352, Title
31, U.S. Cade. Any person who feils to file the required ststement shall be subject to a civil penalty of not less than
$10,000 and not more then $100,000 for esch suoh failure.
SUBR�CIPIENT:
City of Fort Wa•th • � �
a polittcal subdtvislon of the State of Texas
By: Fernendo Costa .
Title: Assistant City Manager
Date: January 7, 20Z1 3:28 pm
Page 14 of 25
T�XAS A�PARTMCNT OT HOUSING ANA COMMUATITY AFFA.IRS
CONTRACT NUMBER 58210003378
FY 2021 COMPRBHENSIVE ENERG'Y ASSISTANCE PROGRAM (CBAP)
(CFDA # 93.568)
ADDENAUM B
CERTIFICATION ItEGARDING ARUG-F�tE� W ORKPLAC� I2EQUIR��A�NTS
This certj�calion is requfred by the regufallons implemendng lhe Drug-Free Workplace Act of 1988: 45 CFR Part 76,
Subpai�t, F., SectTons 76,630(c) and (d)(2) and 76.645 (a)(1) and (b) provide tha[ a Federa! agency may destgnate a
cenlraf receipt poini for STiiT�E-W1DE AND STATE AGENCY-WIDE cert(1lcalions, and for noft/'icalion of criminal drug
convfctions. For• ihe Depa►Ymenl of Heal�h and Human Services, the central polnt is: Divlslon of Granls Managemenl and
Oversighl, O�ce of Managemenl and Acguisition, Depar•tmen! of Health and Human Servrces, Room 517-D, 200
Independence Avenue, SW Washington, DC 20201. .
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(s) Publishing a statement notifying employees that the unlawful manufscture, distribUHon, dispensing, possession, or
use af e controlled substauce is prohibited in the grantee's workplace snd specifying the actlons that will bo taken
against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplece;
(2) The grentee's poliey of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilltation, end employee essistance progrems; and
(4) The penalries that may be imposed upon amployees for drug abuse violations occurring in the workplece;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by peregraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer ln writing of his or her convicrion for a vioietion of a criminal drug statute occurring in the
workplaco no later than fiva calender days after such conviction;
(e) Notifying the sgency in writing, within 10 calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving sctual notice of such conviction, Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grent activity the convicted employee
was working, unless the Federal agency has desIgnated a central point for the receipt of such notices. Notice shall
include the identificarion number(s) of each effected grent;
(� Taking one of tha following actions, within 30 cslender days of recoiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action sgainst such an employee, up to end including termination, consistent with
the requirements of the Ttehsbilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a divg abuse essistance or rehabilitation program
epproved for such purposes by a Federal, State, or looal health, law enforcement, or other appropriate agenoy;
(g) Making a good faith effort to conrinue to maintain a drug-free workplace through implementation of paragraphs
�a), �b)� ��), �d), (e) �d (fl•
Place(s) of Performance [site(s) for the performance of work done in wnneotton with the speaific grant] (include sheet
address, city, county, state, zip code):
City of Fort Worth
200 Texes Street Annex, 3rd Floor
Fort Worth, TX 761026312
Page 15 of 25
Workplace identifications must include the actual address of buildings (or psrts of buildings) or other sites where work
under the grant takes plsce. Categorlcal descriptions msy be used (e,g,, all vehicles of s mass h�ansit authority or Stste
highway depa�tment while in operation, State employees in esch local unemployment office, pe►•formers in concert
halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon sward, if
there is no application, the Subrecipient must keep the identity of the workplace(s) on file in its office and make the
information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the
SubreclpionYs drug-free workplace requirements.
This certification is a materIsl representation of fact upon which reliance is placed when the Department awards the grant.
If it is leter determined thet Subreclpient knowingly rendered a false certifioation, or otherwisa violates the requirements of
the Drug-Free Workplace Act, Department, in addition to eny other remedies available to the Pederal Govemment, may
take aotlon authorized under the Drug-Free Workplace Act.
SUBItECIPIENTs
City of Fort Worth
a pol(tical subdivision of the State of Texes
By: Fernando Costa
Title: Assistant Ctty Manager
Date: Janusry 7, 2021 3:28 pm
Page 16 of 25
TEXAS D�PARTM�NT OF HOUSING AND COMMUIYITX ATTAIRS
CONTRACT NUMBER 58210003378
FX 2021 COMPRi3HENSIVS ENERGY ASSISTANCB PROGRAM (CBAP)
(CFDA # 93, 568)
ADDENDUM C
CERTII'ICATION REGARDING ENVIItONMENTAL TOBACCO SMOIC�
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, requires that
smoking not be permitted in any portion of any indoor facllity routinely owned or• leased or contracted for by en enHty
end used routinely or regularly for provision of heslth, day care, education, or library services to children under the
sge of 18, if tha services sre funded by Federal programs either directly or through State or local governments, by
Federal grant, contract, loan, or loan guarantee. The law doas not apply to children's services provided in private
residences, facilities funded solely by Medicare or Medicaid funds, and portions of faciltties used for inparient drug or
slcohol trestrnent. Failura to comply with the provlsions of the law may result in the imposition of a civil monetary
penalry of up to $1000 per day and/or the imposition of an administraHve compliance order on the responsible entity.
By signing end submitting this Coniraot the Subrecipient certifies that it will comply wIth the requirements of the Act.
The spplieant/grantee further agrees that it will require the language of this certification be Included in any subawerds
which contain prov3sions for the children's services and that all subgrantees shall certify accardingly.
SUBRECIPTEN'i':
Clty of Fort Worth
n politicsl subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Mnnage►•
Date: January 7, 2021 3:28 pm
Page 17 of 25
T�XAS DEPARTII�NT OT HOUSING ANA COMMUNITX AFrAIRS
CONTRACT NUMBER 58210003378
FY 2021 COMPREHENSIVB ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93,568)
ADD�NDUM D
C�RTIFiCA'I'ION R�GA.RDILVG A�BAItMENT, SUSPENSION AND OTHER
RESPONSIBTLITX MATT�RS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarlly exoluded by
any Federal deparhnent or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection wlth obteining, attempting to obtain, or
performing a public (Federal, State or local) transaction or wntract under a public trensaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsIficstion or
destructlon of rewrds, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or clvil(y charged by a governmental entity (Federal, State
or local) with commisslon of any of tha offenses enumerated in section (b) of tbis certification;
(d) Have not within a tluee-year perlod preceding this appliostion/propossl had one or more public transscrions
(Federal, State or local) terminated for esuse or default.
(e) Will submit to the Deparhnent information about each proceeding thst occurs during this Contract Tera► or during
the recordkeeping period that;
(1) Is in connecrion with this awsrd;
(2) Reached its flnal disposltion during the most resent five year period; and
(3) Is one of the following:
i. A crlminal proceeding that resulted in a conviction, as defined below;
ii. A clvil proceeding that resulted in a finding of fault and liability and payment of s monetary fine, penalty,
reimbursement, restitution, or demages of 55,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault end llability and your
payment of either a monetary flne or penalty of $5,000 or more or reimbursement, restiturion, or demsge in
excess of $100,000; or
iv. Any other criminal, civil, or adminishaHve proceeding if
1. It could have led to en outcome described in this section (e) paragraph (3) Items (i) -(iil) of this award
term and condition;
2, It hsd a different disposition arrlved at by consent or compromise with en acknowledgment of fault on
yourpart;and
3. The requirement in this award term and condition to disolose informstlon sbout the proceeding does not
conflict with applicable laws and regulations
(4) For purposes of section (e) of tiris certification the following definitions apply:
i. An "administrative proceeding" means a non judicial process that is adjudicatory in nature in order to
make a determinstion of fault or liability (e,g., Securities and Exchange Commission Administrative
proceedings, Civtlian Boazd of Contract Appeals proceedtngs, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings et the Federal and State lavel but only in eonnection
with performance of a Federal contract or grant. It does not lnclude audits, site visits, corrective plans, or
inspection of deliversbles.
ii. A"conviction", for purposes of this award term end condiHon, means a judgment or conviction of a
criminal offense by sny court of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendam,
Where the undersigned Subreciplent ls unable to certify to any of the statements in this cedificarion, such Subreclpient
shall attach an explanstion of why it cennot pmvide said certification to this Contract.
Page 18 of 25
The underslgned Subrecipient further agrees and certifies that it w111 include the below clsuse titled "Certification
Regarding Debarment, Suspension, Tneligibility and Voluntery Bxclusion-SubcontractslLower Tier Covered Transaction,"
without modlfication, in all subconh•acts and in all solicitations for subcontracts;
"C�RT�ICATION R�GARDING D�BARNI�NT, S�)SPENSION, iNL�LIGIBILITX AND 'VOLUNTARX
E7CCLUSION - SUBCONTRACTS/ LOW�R T�R COVE�D TitANSACTIONS
(1) The prospective (ower tier participant/subconhactor certifies, by submission of this pmposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligtble, or voluntarlly excluded from
participation in this transaction by any Federal department or egency.
(2) Where the prospective lower tier participent/subcontractor ls unable to certify to any of the statements in this
certifcation, such prospective participant shall attaoh an explanation to this proposal.
LOWER TI�R PARTICIPANTlSUBCONTRA.CTOR:
[StgrralureJ
Printed Name:
Title;
Date:
This certification is a materisl representadon of fact upon which rolience is placed when the Depaitment awards the grant.
If it is lster determined that Subreciplent lrnowingly rendered an enoneous certification, in addition to any other remedies
svailable to the Federal Government, the Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City ofFort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: Janunry'1, 20z1 3:28 pm
Page 19 of 25
T�XAS A�PARTA�NT OF HOUSING AND COMMUMTX AI�'FAIItS
CONTRA.CT NUMBER 58210003378
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PItOGRAM (CBAP) .
(CFAA # 93.568)
ADDENDIJM E
PRWORA R�QUII2ENI�NTS
If an individual is applying for LTHEAP funds, a Subrecipient must verify that the indtvidusl applying for LIHEAP funds is
a qualified recipient for funding under the Personal Responsibi(ity and Work Opporhtnity Act of I996, ("PRWORA") or
("Act"), Pub. L. 104-193, 110 Stat, 2105, codified at 8 U.S.C, §1601 et. seq., es amended by the Omnibus Appibprlations
Act,1997, Pub. L.104-208.
There are certain types of essistance that ere not subject to the Act's rostriction on access to public benefits based on
tmmigration status. This includes sctiviries that: (1) deltver in-kInd services at the community level, (2) sre necessary for
the proteedon of life or safety, and (3) do not condition the provision of assistance on the epplicant's income or resources.
To ensure that a non-qualified epplicant does not receive "federal public benefits," a unit of general purpose government
that administers "federal public beneft programs" is required to determine, and to varify, the individual's alienage status
before granting aligibility (8 U.S.C. §1642 (a) snd (b)). Subrecipient must use the SAVE verlfication system to vcrify end
document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SXSTEMATIC AT�I�N VERIFICATION FOR
ENl'ITLEMENTS (SAV�) SXSTEM
Subreclpient shall:
(1) SvstemUse.
(a) Establish the idenHty of the applicants and require eaah spplicant to present the applicant's Immigration or
naturslizaflon documentatton that contains the informstion (e.g,, alien registration number) required by the SAVE
Program;
(b) Physically examine the documentation pmsented by the appllcant and determine whether the document(s) roasonably
appear(s) to be genuine and to relate to the individual;
(c) Provido to the SAVE Program the information the SAVE Program requaes to respond to Subrecipient requests for
veri�cation of immigration or naturalized or derived citizenship ststus informstion, including (1) informaHon from the
applicant's immigretion or naturalization documentadon for initial automated verlfication, (2) additional informstion
obtained from the alien's immigratlon or naturalization documentation for automated addltionsl verification, and (3)
completed Forms G-845 and other documents and infoimadon required for manual additional verification. For manual
only verlfication, ansure that Forms G-845 and other documents and informaHon required for manual verlfication are
provIded;
(d) Ensure that, prior to using the Verlficadon Information System, all employees designated by Subrecipient to use SAVE
on behalf of the Subreeipient ("Users") perForming verIficstion procedures eomplete SAVE requlred trainic►g including:
reading the SAVE Program Guide, taking the latest version of Web tutorial(s),
$ttp•//wwwusois pov/save/what-save/save-webinars, and meintaining a working Irnowledge of requirements contained
therein snd in this Contraot as updated. Aocumentation of training must be maintained by the Subrecipient for monitoring
review;
(e) Bnsure that Users ere provided with and meintain User lds only while they have a need to perform verification
procedures;
(� Bnsuro all Users performing verificatton procedures comply with all requlrements contained in the SAVE Program
Ciuide, web-based tutorial, this Contract, and updates to these requirements;
(y� Ensure that ell Users parforming verifcation procedures have contact information for the SAVE Program and SAVE
Monitoring and Compliance. Contact informetion cen be found at
httas•//www uscis aov/e-verifv/emolovers/monitorine-and-comnliance or 202-443-0104
Page 20 of 25
(h) Ensure all Users perform any additional verificat[on procedures the SAVE Program requires end/or the applicant
requests after the Subreclpient initiates a request for verificatlon;
(i) Use any info�mstion provided by DH5-USCIS under this Contract solely for the purpose of determining the eligibility
of persons applying for the benefit Issued by the Subrecipient and limit use of such information in accordance with thts and
all other provlsions of this Contrsct;
(j) Comply with the requirements of the Federal Information Security Managemant Act (FISMA (PL-107-347), Title III,
Section 301) and OMB guidance as applicable to electronic storage, transport of records between agencIes, and the
intemal processing of records received by either agency undar the terms of this Contract;
(k) Safeguard such lnformation snd access methods to ensure that it is not used for any other purpose than desaribed in this
Contract and protect its confidenHallty; including ensuring thst it is not disclosed to any unauthorized person(s) without the
prior written consent of DHS-USCIS. Each applicant seeing access to information regerding him/her may do so by
submitting a written slgned request to AHS-USCIS. Tnstructions for submitting request may be found at
�t� !/www uscis eovJUSCIS/Verlfication/SAVB/SAVE Native bocuments/Fact Sheet HowToCorreatYourRecordswith
USCIS d(subject to revision and reposting on the SAVE Website and Online Resources);
(1) Comply with the Privacy
and polioias, including but
pursuant to this Contract, a�
Contract;
Act, 5 U.S.C. §552e, the Texes Public Information Act and other applicable laws, regulations,
not limited to all OMB and DHS privecy guidance, in conducting verification procedures
i in safeguarding, maintaining, and disclosing any deta provided or received pursuent to the
(m) Comply with federal laws prohibiting discrimination against applicants end discriminatory use of the SAVE Program
based upon the nattonal origin, color, race, gender, religion, or disability of the applicant;
(n) Provlde all benefit-applicsnts who are denied benefits based solely or in part on the SAVE response with adequate
wrltten notice of the denial and the information necessery to contact DHS-USCIS so thst such indivldual msy correot their
records in a timely manner, if necessary. A Fact Sheet that includes the process by which spplicants may contact
D H S - U S C I S i s p o s t e d a t
�t�//www uscis eov/USCiS/Verlfieatlon/SAVE/SAVE Nativ�Documents/Fact Sheet HowToCorrectYourRecordswith
U CIS d(subject to revision and roposting on the SAVE Website and Onitne Resources);
(o) ProvIde all benefit-applicants who az�e denied benefits based solely oc in part on the SAVE response with the
opporiunity to use the Subrecipient's existing process to appeal the denial snd to contaot DHS-USCIS to correct their
records pdor to a final decision, if necessary; end
(p) Tte&ain from using SAVE, or assisting any person or entity, to comply with the employment eligibllity verification
requirements of Section 274A of the Immigration and Nstionality Act, 8 U.S.C. §1324a.
(2) Monitorin�and Comnliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and revlew all records and documents related to
the use, abuse, misuse, fraudulent use or lmproper use of SAVB by the Subreclpient, including, but not limited to original
applicant consent documents required by the Privaay Act, 5 U.S.C, §552a or other applicable authority;
(b) Notify the Deparhment's Compliance Divlsion immediately whenever there is reason to believe a violation o£ this
agreemeat has occurred;
(c) Notify the Deparnnent's Compliance Division immediately whenever there is reason to beliave an information breach
has occurred as s result of User or Subreciplent action or inaction pursuent to Office of Management and Budget (OMB)
Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identtfiable Informetion;"
(d) Allow Aepadment and SAVS Monitoring and Complisnce to monitor and review all ncords and documents related to
the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original
applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable suthority;
(e) Allow Deparhnent and SAVE Monitoring and Compllance to conduct desk audits and/or site vlsits to review
Subrecipient's compllance with this b t B and all other SAVE-related policy, procedures, guidance and law applicable
to conducting verificaHon and safeguarding, malntaining, and disclosing any data provided or received pursuant to this
Contract;
(� Allow Depai�knent and SAVE Monitoring and Compliance to perform audits of Subrecipient's User lds use and access,
SA'VE Training Records, SAVE financiel records, SAVE biographical informeHon, system profiles and usegc pattems and
other relevent data;
Page 21 of 25
(g) Allow Deparlment and SAVE MonitorIng and Compliance to interview any and all Users end any and ell oontact
persons or other personnel within the Subreoipient's organization or relevant conhactors regarding eny end all quostions or
problems which may arise in connection with the Subreciplent's paiticipation in SAVE;
(h) Allow Department snd SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE
users as necessary to ensure compllance with the terms of this �xhibit B and the SAVE Program requirements by its
authorized agents or designees; and
(i) Take correctiva meastu'es in s timaly manner to eddress all lawful requirements snd recommendations on every written
finding including but not Ilmited to those of the Depaz�tment oc SAVE Monitoring and Compliance regarding waste, fraud,
and abuse, and discriminatlon or eny misuse of the system, non-compllance with the terms, condirions and safeguerds of
this xhi ' B SAVE Program procedures or other applicable law, regutaHon or policy,
(j) Provide Deparhnent and
physical address, name and
that may arise in connection
the User.
(3) Criminal Penalties.
SAVE Monitoring and Compliance with the current e-mail, U.S. postal service address,
telephone number Users authoriud representative for any notifications, questions or problems
wlth Users participation in SA'VE and with notification of chauges in the benofit offered by
(s) DHS-USCIS reserves the right to use lnformadon from TDHCA or Subrecipient for any purpose permitted by law,
lncluding, but not limited to, the prosecuNon of violetions of Federal adminishative or criminal law.
(b) The Subrecipient scknowlodges that the information it receives from DHS-USCIS is governed by the PrIvacy Act, 5
U.S.C, §552a(i)(1), snd that any person who obtains this information under false protenses or uses it for any purposo other
than as provided for in this Contract may be subject to criminal penalties.
(4) Third Partv Liabilitv.
(a) Each party to this Conhact shsll be solely responslble for its own defense agsinst any claim or ection by third parties
arlsing out of or related to the execution and/or performance of this Contract, whether civil or criminal, and retain
responslbllity for the payment of eny coiresponding liabllity.
(b) Nothing in this Contract is intended, or should be conslrued, to oreate eny right or beneitt, substanttve or procedural,
enforceable st law by any third party ageinst tha United States, its agencies, officers, or amployees, the State of Texas, its
agencies, officers, or employees, or tha Subreoipient.
(S) Points of Contact
Michael De Young
Direotor of Community Affairs Dlvision
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O, Box 13941
AusNn, TX 78711-3941
Phone: (512) 475-2125
Bmail; michael deyouna .tdhca,stste.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immtgreflon Services
Depar�►ent of Homeland Security
Washingtan, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Ematl: saverecistration(n�dhs.eov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citiunship and Immigration Services
Department ofHomeland Security
Washington, DC 20529-2640
Phone: (888) 464-4218
Email: save.monitorina(n�dhs.aov
Page 22 of 25
(6) Certification.
The underslgned hereby certlfies to the Deparhnent that all informatfon herein is true snd correct to the best of their
knowledge and belief. The purpose ofthis statement is to certify thst Clty of rort Worth (Subrecipient):
� Is NOT a private nonprofit charitable organizat[on and is an entity created by State Statute and affiliated with a state or
govemmental entity (such as a housing finance agency, publ{c housing authority, unit of local government, council of
governmants, county, etc.)
Certificwtion must have tlie signature fl�om a representative with authority to execute documents on the Subrecipfent's
behalf.
I ccrtify that I understand that fines and imprisonment up to five years are penalties for knowingly snd willingly making a
materially false, fictitious, or frsudulent statement or entry in any matter under the jurlsdiction of the federal govemment
(18 U.S.C. Sec.1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistent City MenAger
Date: Januaiy 7, 2021 3:28 pm
Page 23 of 25
T�XAS D�PARTMCNT O� HOiJSYNG AND COMMUMTY ATTAIRS
CONTRACT NUMBEIt 58210003378
FY 2021 COMPREHENSIVE ENERGY ASSISTANCE PROGRA.M (CBAP)
(CFDA # 93.568)
�XHIBIT A
BUDG�T
Clty of Fort Worth
a pol9tfcal subdivision of the Stnte of Texes
AEPARTMENT FINANCiAL OELIGATIONS
� 6,287,575.00 CEAP PUNDS CURRENTLY AVAILABLB
S 2�SOO,OO T�'��Nd T�`�' �LOWANCB FUNDS CURRENTLY AVAiLAHLE
�YJDGET FOR AVAII,ABT,E ALLOCATIONS
$UDGET CATEGORY FZ1ND5 %
Administrstion $ 453,963.00 -
Direct Services $ 5,831,112.00 -
TOTAL CEAP BUDGET � 6,285,075.00 -
BUDGET CATEGORY �'�S %
Household Crisis $ 2,528,078.00 43,35
Utility Assistence $ 2,528,079.00 43.36
Program Servlces $ 774,955.U0 13,29
TOTAL DTRECT SERVICES S 5,831,112.00 100,00
General Admuilstrative and coordination of CEAP, including costs end all indirect (or overhead) cost, examples include
salaries, fringe benefits, non-traiiilng travei, equipment, supplies, audit and office space are limited to 7.22% of the
Contract expenditures. All other administrative costs, exclusive of costs for program services, must be paid with
nonfederal funds.
Program services costs shall not exceed the maxlmum 13.29%. Program services cost includes direct administrative cost
essoclated with providing the client direct service salarles and benefits cost for staff providing progrem services, cost for
supplies, equipment, havel, postage, utilities, rontal of office space. All items listed above are allowable program services
cost when assoclsted with providing client d'uect services. Other program servlces costs may include outreach activities
and expenditures on the information technology and computerization needed for traoking or monitorIng mquired by CBAP.
Depa�tment's prior written approval for purchsse or lease of equipment wlth an acqulsitlon cost of $5,000 and over is
required. Approvel of this budget does not consHtute prior epproval for such purchases.
Subreclpient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and
final budget revision must be received by the Department no later than 45 cslender days prior to the end of the Contract
Term,
Page 24 of 25
Subreolpient shsll provide outreach services under all components ln tlils category. Failure to do so may result in Contract
terminstion. Subrecipient must document outresch, whether the outreach is conducted wIth CBAP funds or other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were chacged to, the clients(s) associated to the
payment(s), and if the Contract Term has expired,
If the Conhact Term has not expired, Subreoiplent must entar the amount into the Contraat System in the approprista
budget line item into the Ac�justment column in the monthly report end make an appropriete note in the system. This will
credit back the vendor refund(s) for the Subrecipient to expend on eligtble expenses during the Conhact Term.
If the Contract Term has expIred, Subreclpient must return the vendor refund(s) to the Department. This refund must
contain the contract number, and eppropriate budget line item associated to the refund(s).
Pege 25 of 25
City of Fort Worth,
Mayor and
DATE: 01 /12/21
Texas
Council Communication
M&C FILE NUMBER: M&C 21-0017
LOG NAME: 19NSCEAP2021
SUBJECT
(ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and Communiry Affairs in an Amount Up to $8,000,000.00 for the
2021 Comprehensive Energy Assistance Program, a Federally Funded Program Sponsored by the United States Department of Health and
Human Services Designed to Provide Utility Payment Assistance and Energy Conservation Education for Low to Moderate Income Residents,
Authorize Related Contracts, Adopt Appropriation Ordinance, and Waive Indirect Costs
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount up to $8,000,000.00 from the Texas
Department of Housing and Community Affairs; '
2. Authorize the execution of related contracts, including any amendments, renewals and extensions in accordance with City policies and
regulations with the Texas Department of Housing and Community Affairs for the grant funds for the program year beginning on January 1,
2021 and ending on December 31, 2021;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an
amount up to $8,000,000.00, subject to receipt of the grant; and
4. Waive indirect costs.
DISCUSSION:
The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Comprehensive Energy
Assistance Program (CEAP) through the Communiry Action Partners (CAP), which is managed by the Ciry's Neighborhood Services Department.
The TDHCA has notified the City to use the prior year's grant award and contract amount as a planning figure for the 2021 CEAP. The total
2020 contract amount was $6,747,841.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to
$8,000,000.00 for this program in 2021. The additional appropriation takes into account anticipated energy rate increases and the award of
subsequent grant amounts due to other grantees being unable to spend their funding. During the past five years, the City has received an average
of $5,782,948.00 per year and as much as $6,747,841.00 in one year.
The three components of the program are:
1. Household Energy Crisis - weatherization and/or energy related assistance, repair of HVAC systems and/or purchase of window units;
2. Utility Assistance - assistance to all eligible households with prioriry given to household composition of elderly and/or disabled members or a
child under the age of five; and
3. Education - providing information about energy conservation measures.
All households at or below 150 percent of the Federal Poverty Income Guidelines will be afforded access to the program. Applicant households will
be determined eligible according to income guidelines and program policies. Benefit determinations include household income, household size,
energy consumption and/or vulnerability, and the availability of funds. CAP staff will accept applications at nine neighborhood CAP facilities and at
other identified locations throughout Tarrant County. Payments will be made for eligible clients directly to the utility vendors, and heating and cooling
system repair companies.
TDHCA allows no more than 7.22 percent of the grant award (excluding travel and training) to be budgeted for administrative costs and 13.29
percent for program service costs. The remaining funds will be used for Household Energy Crisis and Utility Assistance for the duration of the
contract. From January 2020 to September 2020, CAP served 4,162 households and 10,643 individuals using this grant.
A waiver by the City of indirect costs will maximize program benefits. CEAP provides for 20 full-time positions with estimated direct salaries of
$975,000.00. The addition of indirect costs would result in the reduction of staff and services. The estimated indirect costs that are being asked to
be waived is $182,618.00.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas
Department of Housing and Community Affairs
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services
Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the Ciry. Prior to an
expenditure being incurred, the Neighborhood Services Department has the responsibiliry to validate the availability of funds. This is a
reimbursement grant.
Submitted for City Manager's Office by: Fernando Costa 6122
Origjnating Business Unit Head: VictorTurner 8187
Additional Information Contact: Sonia Singleton 5774
Gail Duncan 5730