HomeMy WebLinkAboutContract 57169 CSC No.57169
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2201TXLIEA
Award Year(Year of Award from HHS to TDHCA): 2022
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2022 Comprehensive Energy Assistance Program (CEAP) Contract Number 58220003572 ("Contract")
is made by and 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"), hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2022, and, unless earlier terminated, shall end on
December 31, 2022 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA
A. The following County/Counties constitute Subrecipient's "Service Area": TARRANT
B. Subrecipient shall, throughout its Service Area operate a Comprehensive Energy Assistance
Program, ("CEAP"), in accordance with the Economic Opportunity Act of 1964 (Public Law88-
452), the Low-Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. §8621 et
seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, asamended)
("LIHEAP Act"), Chapter 2105 of the Texas Government Code ("State Act"),
Chapters 2105 and 2306 of the Texas Government Code ("State Act"), the implementing State
regulations under Title 10, Part 1, Chapter 1, Chapter 2 and Subchapters A and C of Chapter 6
of the Texas Administrative Code, as amended or supplemented from time to time (collectively,
"State Rules"), the LIHEAP State Plan, 2 CFR Part 200 (as applicable), Subrecipient's "Service
Delivery Plan" in accordance with 10 TAC §6.306, the Department's guidance related to CEAP,
all applicable state and federal regulations and the terms of this Contract. Subrecipient further
agrees to comply with the certifications attached hereto as Addendums A, B, C and D and
incorporated herein for all relevant purposes; the Budget attached hereto as Exhibit A and
incorporated herein for all relevant purposes, the Personal Responsibility and Work Opportunity
Act of 1996 ("PRWORA") Requirements for the CEAP attached hereto as Addendum E and
incorporated herein for all relevant purposes; the assurances, certifications, and all other
statements made by Subrecipient in its application funding under this Contract; and with all
other terms, provisions, and requirements herein set forth.
C. Subrecipient shall assist"Households"that are "Low-Income" with priority being given in no particular
order to "Elderly Persons", "Persons with Disabilities", Households with a young child5 years of
age or under, Households with "High Energy Burden" and Households with "High Energy
Consumption", as said terms are defined in 10 TAC §6.2. OFFICIAL RECORD
Page 1 of34 CITY SECRETARY
FT. WORTH, TX
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse
Subrecipient for the actual allowable costs incurred by Subrecipient during the Contract Term for
administrative expenditures and program services costs and direct services expenditures in accordance
with 10 TAC §6.308, in the amount(s) specified in the Budgetattached hereto as Exhibit A.
B. Any decision to obligate additional funds or deobligate funds shall be made in writing by Department
in its sole but reasonable discretion based upon factors including, but not Iimitedto, the status
of funding under grants to Department, the rate of Subrecipient's utilization of funds under this or
previous contracts, the existence of questioned or disallowed costs under this or other contracts
between the Parties, and Subrecipient's overall compliance with theterms of this Contract.
C. Subrecipient understands that all obligations of the Department under the Contract are subjectto
the availability of grant funds. The Contract is subject to termination or cancellation, either inwhole or
in part, without penalty to Department if such funds become unavailable.
D. The Contract shall not be construed as creating a debt on behalf of Department in violation of Article
III, Section 49a of the Texas Constitution. Subrecipient understands that all obligations of the
Department under this Contract are subject to the availability of 2022 funds from the U.S. Department of
Health and Human Services ("HHS"). If sufficient funds are not available to makepayments under this
Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact
is determined. Department shall then terminate this Contract and will not be liable for the failure to
make any payment to Subrecipient under this Contract. Department acknowledges that it has received
obligations from those sources which, if paid, will be sufficient to pay the allowable costs incurred by
Subrecipient under this Contract.
E. Department is not liable for any cost incurred by Subrecipient which:
1. is subject to reimbursement by a source other than Department;
2. is for performance of services or activities not authorized by the LIHEAP Act, State Rules,
or which is not in accordance with the terms of this Contract;
3. is not incurred during the Contract Term;
4. is not reported to Department on a monthly expenditure or performance report within forty-
five (45) calendar days following the end of the Contract Term; or
5. is incurred for the purchase or permanent improvement of real property.
F. Notwithstanding any other provision of this Contract to the contrary, Department shall only be liable
to Subrecipient for allowable costs actually incurred or performances rendered for activities
specified in the LIHEAP Act.
G. Notwithstanding any other provision of this Contract, the total of all payments and other obligations
incurred by Department under this Contract shall not exceed the sum of
$6,319,219.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days.
Subrecipient's request for cash advance shall be limited to the minimum amount needed andbe
timed to be in accordance with the actual, immediate cash requirements of the Subrecipient or an
advance of Five Thousand and No/100 Dollars ($5,000.00), whichever is greater. Incarrying out the
purpose of this Contract. Subrecipient must request an advance payment by submitting a properly
completed monthly expenditure and performance report to Department through the electronic
reporting system no later than the fifteenth (15th) day of the month prior to the month for which
advance payment is sought, together with such supporting documentation as the Department may
reasonably request.
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B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time
between the disbursement of funds from Department to Subrecipient and the expenditureof such
funds by Subrecipient.
C. DEPARTMENT OBLIGATIONS,Subsection 5(A)of this Contract notwithstanding, Department reserves
the right to utilize a modified cost reimbursement method of payment, whereby reimbursement of costs
incurred by a Subrecipient is made only after the Department has reviewed and approved backup
documentation provided by the Subrecipient to support such costs for all funds, if at any time (1)
Subrecipient maintains cash balances in excess of need or requests advance payments in excess of
thirty (30) days need, (2) Department identifies any deficiency in the cash controls or financial
management system used by Subrecipient, (3)Subrecipient owes the Department funds, or (4)
Subrecipient violates any of the terms of this Contract.
D. ALLOWABLE 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
Subrecipient's Service Area incurred during the Contract Term. Subrecipient may incur costs for
activities associated with the closeout of the CEAP contract for a period not to
exceed forty-five (45)calendar days from the end of the Contract Term.
E. REPAYMENT. Subrecipient shall repay, within fifteen (15) calendar days of the Department's request,
any sum of money paid to Subrecipient which Department determines has resulted in an
overpayment or has not been spent in accordance with the terms of this Contract.
SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Except as expressly modifiedby
law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform
administrative requirements set forth in the Texas Grant Management Standards (34 TAC §20.421)
("TXGMS") in effect on the effective date of this Contract. All references thereinto "local
government" shall be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
C. AUDIT REQUIREMENTS. 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 Seven Hundred Fifty Thousand
and No/100 Dollars ($750,000.00) of Federal funds.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds received
and performances rendered under this Contract. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
E. CERTIFICATION FORM For any fiscal year ending within or one year after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty
(60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is required by
2 CFR Part 200, Subpart F, the report must be submitted to the Federal Audit Clearinghouse ("FAC")
the earlier of 30 calendar days after receipt of the auditor's report or nine
(9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403(f), Subrecipient
is required to submit a notification to Department within five (5) business days of submission to the
FAC. Along with the notice, indicate if the auditor issued a management letter. If there is amanagement
letter, a copy of the letter must be sent to the Department. Both the notice and the copy of the
management letter, if applicable, must be submitted to by electronic mail toSAandACF@tdhca.state.tx.us.
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F. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the TexasGovernment
Code, the state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under any contract or indirectly through a subcontract under the Contract. The
acceptance of funds by the Subrecipient or any other entity or person directly under the Contract or
indirectly through a subcontract under the Contract acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit or investigation
in connection with those funds. Under the direction of the legislative audit committee, the Subrecipient
or other entity that is the subject ofan audit or investigation by the state auditor must provide the state
auditor with access to any information the state auditor considers relevant to the investigation or audit.
Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly
by subcontractors through the contract and the requirement to cooperate is included in any
subcontract it awards.
G. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides the
Department the ability to directly review, monitor, and /or audit the operational and financial performance
and/or records of work performed under this Contract.
SECTION 7. DEOBLIGATION, TERMINATION AND SUSPENSION
A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance with 10
TAC §1.411, 10 TAC §6.304, and Chapter 2105 of the Texas Government Code. The Department
may also deobligate funds from this Contract in whole or in part if Subrecipient missing any of the
expenditure deadlines listed in the Performance Statement attached as Exhibit B to this Contract.
B. TERMINATION. Pursuant to 10 TAC §§2.202 and 2.203, the Department may terminate this Contract,
in whole or in part, at any time Department determines that there is cause for termination. Cause
for termination includes, but is not limited to, Subrecipient's failure to comply with any term of this
Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of the
Contract.
C. GENERAL. Subrecipient's failure to expend the funds provided under this Contract in a timely manner
may result in either the termination of this Contract or Subrecipient's ineligibility to receive additional
funding under CEAP, or a reduction in the original allocation of funds to Subrecipient.
D. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority to withhold
payment and immediately suspend this Contract if Department identifies possible instances of fraud,
abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipient's performance including
but not limited to, Subrecipient's failure to correct any monitoring findings on this or any state contract
or on a single audit review.
E. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of deobligation,
termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages
by virtue of any breach of this Contract by Subrecipient. Department may withhold any payment
due to Subrecipient until such time as the exact amount of damages due to Department is agreed
upon or is otherwise determined in writing between the Parties.
F. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination or during suspension of this Contract or for any costs that are disallowed.
G. STATEWIDE OR REGIONAL PROVIDER. Department may award deobligated or terminated
funds from this Contract to a Statewide or Regional Provider in accordance with 10 TAC
§1.411. Subrecipient agrees to provide information as requested by the Department to serve
clients in the Service Area.
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SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined
in accordance with the provisions of Section 4 of the Contract and the regulations set forth in the
LIHEAP Act and the State Rules, subject to the limitations and exceptions set forth in this Section
8.
B. CEAP grant funds allow 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 based on actual programmatic
expenditures and shall be allowed up to the amount outlined in the Budget attached hereto as Exhibit
A. Eligible administrative costs include costs related to staff performance of management, accounting
and reporting activities in accordance with the LIHEAP State Plan.
C. Administrative and program services activities funds are earned through provision of directservices
to clients in accordance with the State Rules. Subrecipient may choose to submit a final budget
revision no later than forty-five (45) calendar days prior to the end of the Contract Term to use its
administrative and program services funds for direct service categories.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the record keeping requirements set forth below and
shall maintain fiscal and programmatic records and supporting documentation for all expenditures of
funds made under this Contract in accordance with TXGMS. Subrecipient agrees to comply with
any changes to the TXGMS recordkeeping requirements. For purposes of compliance monitoring,
all associated documentation must be readily available, whether stored electronically or hard
copy to demonstrate compliance with Subrecipient Performance as outlined in Section 3.
B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or
maintained by Subrecipient pertaining to this Contract, except records made confidential by
law, is subject to the Texas Public Information Act (Chapter 552 of Texas Government Code)
and must provide citizens, public agencies, and other interested parties with reasonable
access to all records pertaining to this Contract subject to and in accordance with the Texas
Public Information Act. Subrecipient understands that the Department will comply with the
Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by
judicial rulings and opinions of the Attorney General of the State of Texas. Information,
documentation, and other material in connection with this Contract may be subject to public
disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907
of the Texas Government Code, Subrecipient is required to make any information created or
exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure
under the Texas Public Information Act, available in a format that is accessible by the public at
no additional charge to the State.
C. ACCESS TO RECORDS. Subrecipient shall give the U.S. Department of Health and Human Services,
the U.S. General Accounting Office, the Texas Comptroller, the Office of Inspector General, the State
Auditor's Office, the HHS Office of the Inspector General, and Department,or any of their duly
authorized representatives, access to and the right to examine and copy, on or off the premises of
Subrecipient, all records pertaining to this Contract. Such right to accessshall continue as long as
the records are retained by Subrecipient. Subrecipient agrees to cooperate with any examination
conducted pursuant to this Subsection C.
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D. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location
for the greater of: (i) the time period described in TXGMS; (ii) the date that the final audit is
accepted with all audit issues resolved to the Department's satisfaction if the Department notifies
the Subrecipient in writing; (iii) if any litigation claim, negotiation, inspection, or other action has
started before the expiration of the required retention period records must be retained until completion
of the action and resolution 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
termination of this Contract, all records are property of the Department.
E. CLIENT FILES. Subrecipient shall maintain a client file system to document direct services rendered.
Subrecipient shall maintain complete client files at all times. Costs associated with incomplete files
found at the time of program monitoring may be disallowed. Each client file shall contain the
following:
1. Client application containing all Department requirements;
2. Documentation/verification of client income for the thirty (30) days preceding theirapplication
for all Household members eighteen (18) years and older, or Declaration of Income Statement
("DIS") (if applicable). In order to use the DIS form, each Subrecipient shall develop and
implement a written policy and procedure on the use of the form;
3. Copy of client's utility bill(s);
4. Energy consumption history for previous twelve (12) months (all fuel types) or Department
approved Alternative Billing Method;
5. Documentation of payment (Documentation of payment may be maintained in a separate
file, but must be accessible to the Department.);
6. Documentation of benefits determination;
7. Notice of Denial Form (if applicable);
8. Right of appeal and procedures for denial or termination of services (if applicable);
9. Any documentation required by directives provided by the Department;
10. Priority rating form;
11. Case notes sufficient to document that program service activity has occurred;
12. Household Status Verification Form for all household members; and
13. SAVE printout(if applicable).
F. SUBCONTRACTS. Subrecipient shall include the substance of the Section 9 in all
subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit timely, complete,
and accurate reports in accordance with the grant and maintain appropriate backup documentation to
support the reports.
B. FUNDING REPORT. By the fifteenth (15th) of each month, Subrecipient shall electronically submit
to Department, a Funding Report of all expenditures of funds and clients served under this
Contract during the previous month. These reports are due even if Subrecipient has no new
activity to report during the month.
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C. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department, no later
than forty-five (45) calendar days after the end of the Contract Term, an inventory of all vehicles,
tools, and equipment with a unit acquisition cost of $5,000.00 and/or a useful life of more than
one (1) year, if purchased in whole or in part with funds received under this Contract or previous
CEAP contracts. The inventory shall include the vehicles, tools, equipment, and appliances purchased
with Energy Crisis funds on hand as of the last day of the Contract Term. Subrecipient
acknowledges that all equipment and supplies purchased with funds from the CEAP are the
property of CEAP and as such, stay with the Subrecipient that provides CEAP services in the
Service Area.
D. FINAL REPORTS. Subrecipient shall electronically submit to Department, no later than forty-five
(45) calendar days after the end of the Contract Term, a final report of all expenditures of funds
and clients served under this Contract. Failure of Subrecipient to provide a full accounting of funds
expended under this Contract may result in the termination of this Contract and ineligibility to receive
additional funds. If Subrecipient fails to submit a final expenditure/performance report within forty-five
(45) calendar days of the end of the Contract Term, Department will use the last report submitted by
Subrecipient as the final report.
E. HOUSEHOLD DATA. By the 15th of each month, Subrecipient shall electronically upload data on
Households served in the previous month into the CA Performance Measures Module located in
the Community Affairs Contract System.
F. DEFAULT. If Subrecipient fails to submit within forty-five (45) calendar days 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 terminatethis Contract in
accordance with Section 7 of this Contract.
G. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with aData
Universal Numbering System ("DUNS") number and registered in the System of Award Management
("SAM")a Central Contractor Registration ("CCR") System number to be used asthe Unique Entity
Identifier Number on all contracts and agreements. The DUNS number must be provided in a
document from Dun and Bradstreet and the current CCR number registration must be submitted
from a document retrieved from the https ://www.sam.gov website. These documents must be provided
to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain
a current DUNS number and CCR number for the entire Contract Term.
H. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall provide
copies of its most recent business continuity and disaster recovery plans.
SECTION 11. VENDOR AGREEMENTS
For each of Subrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement
that contains assurances relating to fair billing practices, delivery procedures, and pricing procedures
for business transactions involving CEAP clients. All vendor agreements are subject to monitoring
procedures performed by TDHCA. All vendor agreements must berenegotiated at least every two (2)
years.
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SECTION 12. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the terms
of this Contract required by a change in federal or state law or regulation is automatically incorporated
herein and is effective on the date designated by such law or regulation without the requirement of a
written amendment hereto. Said changes, additions, or deletions referenced under this Section 12
may be further evidenced in a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions,
or deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed 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.
D. REQUEST. Written 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.
SECTION 13. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed inwhole
or in part with funds provided under this Contract in accordance with TXGMS.
SECTION 14. TECHNICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms of this
Contract. Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's
compliance with the terms of this Contract. Department's monitoring may include a review of the
efficiency, economy, and efficacy of Subrecipient's performance. Department will notify Subrecipient
in writing of any deficiencies noted during such monitoring. Department may provide training and
technical assistance to Subrecipient in correcting the deficiencies noted .Department may require corrective
action to remedy deficiencies noted in Subrecipient's accounting, personnel, procurement, and
management procedures and systems in order to comply with State or Federal requirements.
Department may conduct follow-up visits to review the previously noted deficiencies and to assess the
Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs.
Department may terminate or suspend this Contract or invoke other remedies Department determines
to be appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance,
or Subrecipient fails to correct any deficiency within a reasonable period of time, as determined by the
Department . Department or its designee may conduct an ongoing program evaluation throughout the
Contract Term. Department may issue such corrective actions in accordance with 10 TAC §2.203.
SECTION 15. INDEPENDENT CONTRACTOR
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and,to
the extent allowed by law, indemnify it against any disallowed costs or other claims which may be
asserted by any third party in connection with Subrecipient's performance of this Contract.
SECTION 16. PROCUREMENT STANDARDS
A. Subrecipient shall comply with TXGMS and 10 TAC §1.404, this Contract, and all applicable federal,
state, and local laws, regulations, and ordinances for making procurement transactions and
purchases under this Contract.
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B. Subrecipient may not use funds provided under this Contract to purchase equipment (as defined
by TXGMS)with a unit acquisition cost (the net invoice unit price of an item of equipment) of more
than Five Thousand and No/100 Dollars ($5,000.00) or on any vehicle purchase unless Subrecipient
has received the prior written approval from the Department for such purchase.
C. When the Subrecipient no longer needs equipment purchased with CEAP grant funds, regardless
of purchase price,or upon the termination of this Contract, Department may take possession and transfer
title to any such property or equipment to the Department or to a third party or may seek
reimbursement from Subrecipient of the current unit price of the item of equipment, in Department's
sole determination. Subrecipient must request permission from the Department to transfer title or dispose
of equipment purchased with CEAP grant funds.
SECTION 17. SUBCONTRACTS
A. Subrecipient may not subgrant funds under this Contract or subcontract the primary performance
of this Contract, including but not limited to expenditure and performance reporting and drawing
funds through the Community Affairs Contract System, and only may enter into properly procured
subcontractual agreements for consulting and other professional services, if Subrecipient has received
Department's prior written approval. Subrecipient may subcontract for the delivery of client
assistance without obtaining Department's prior approval. Any subcontract for the delivery of client
assistance will be subject to monitoring by the Department.
B. In no event shall any provision of this Section 17, specifically the requirement that Subrecipient obtain
Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as
to comply with all of the terms of this Contract, as if such performances rendered were rendered by
Subrecipient. Department's approval under this Section 17 does not constitute adoption, ratification,
or acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the
right to monitor and require Subrecipient's full compliance with the terms of this Contract.
Department's approval underthis Section 17 does not waive any right of action which may exist or
which may subsequently accrue to Department under this Contract.
C. Subrecipient represents and warrants that it will maintain oversight to ensure that subcontractors
perform in accordance with the terms, conditions, and specifications of their contracts or purchase
orders.
SECTION 18. TRAVEL
The travel funds are to be used only for Department-approved training events. Subrecipient shall adhere
to 2 CFR Part 200 (as applicable) and either its board-approved travel policy (not to exceed the amounts
established in subchapter I of Chapter 57 of Title 5, United States Code "Travel and Subsistence Expenses;
Mileage Allowances), or in the absence of such a policy, the State ofTexas travel policies under 10
TAC §1.408. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in
computing the travel and per diem expenses of its board members and employees.
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SECTION 19. BONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND. If Subrecipient will enter in to a construction orfacility
improvements contract with a third-party in the amount of Twenty-Five Thousand and No/100 Dollars
($25,000.00) or greater, Subrecipient must execute with the contractor a payment bond in the
full amount of the contract. If the Subrecipient will enter in to contract with a prime contractor in
excess of One Hundred Thousand and No /100 Dollars ($100,000.00), aperformance bond in the full
amount of the contract is also required. These bonds must be executed by a corporate surety
authorized to do business in Texas, a list of which may be obtained from the State Insurance
Department. Such assurances of completion will run to the Department as obligee and must be
documented prior to the start of construction. Thisbonding requirement applies to the extent required
by federal or state law.
B. INSURANCE. Subrecipient is basically a self-funded entity in accordance with Chapter 2259
of the Texas Government Code subject to statutory tort laws and, as such, generally,it does
not maintain a commercial general liability insurance and /or auto liability policy. Subrecipient is
encouraged to obtain pollution occurrence. Generally, regular liability insurance policies do not provide
coverage for potential effects of many health and safety measures, such as lead disturbances and
other pollution occurrence items. Subrecipient should review existing policies to determine if lead
contamination is covered. If it is not, Subrecipient should consider securing adequate coverage for
all construction projects. Additional liability insurance costs may be paid from administrative funds.
The Department strongly recommends the Subrecipient require their contractors to carry pollution
occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency
should get a legal opinion regarding the best course to take for implementing the pollution occurrence
insurance coverage.
SECTION 20. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a courtor
administrative agency against Subrecipient and arising out of the performance of this Contract orany
subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by
Subrecipient with respect to such action or claim.
SECTION 21. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority
to enter into this Contract to receive and manage the funds authorized by this Contract, and to
perform the services Subrecipient has obligated itself to perform hereunder.The execution, delivery,
and performance of this Contract will not violate Subrecipient 's constitutive documents or any
requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement
of Subrecipient, enforceable in accordance with its terms.
B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants
that he/she has been duly authorized by the Subrecipient's governing board to execute this
Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms,
provisions and performances herein.
C. TERMINATION; LIABILITY. Department shall have the right to suspend or terminate thisContract
if there is a dispute as to the legal authority of either Subrecipient, or the person signing this
Contract on behalf of Subrecipient, to enter into this Contract or to render performances hereunder.
Subrecipient is liable to Department for any money it has receivedfrom Department for performance
of the provisions of this Contract, if the Department has terminated this Contract for reasons
enumerated in this Section 21.
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D. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract
if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good
standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient's
ability to perform under the terms of this Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the federal
rules and regulations promulgated under the LIHEAP Act, the State Act, Chapter 2105 ofthe Texas
Government Code, the State Rules, LIHEAP State Plan, the certifications attached, and all federal,
state, and local laws and regulations applicable to the performance of this Contract. Subrecipient
shall not violate any federal, state, or local laws, stated herein or
otherwise, nor commit any illegal activity in the performance of or associated with the performance
of this Contract. No funds under this Contract shall be used for any illegal activityor activity that
violates any federal, state or local laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contractand
the "Certification Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B
that it is implementing the Drug-Free Workplace Act of 1988 (41 U.S.C. §701, etseq) and HUD's
implementing regulations including, without limitation, 2 CFR Parts 182 and 2429.
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipient must provide program applications, forms,
and educational materials in English, Spanish, and any appropriate language, 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 reasonablesteps to insure that
persons with Limited English Proficiency have meaningful access to the program. Meaningful access
may entail providing language assistance services, including oral and written translation, where
necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
1 General. Subrecipient shall comply with the information security and privacy requirements under
10 TAC §1.24 to ensure the security and privacy of Protected Information (as said term is
defined under 10 TAC §1.24).
2 Information Security and Privacy Agreement("ISPA"). Prior to beginning any work underthis
Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as requiredby 10
TAC §1.24, on file with the Department, or (ii) will execute and submit to the Department an
ISPA in accordance with instructions found on the Department's website at the "Information
Security and Privacy Agreement" link.
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g)
of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If
Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers or
other agents who engage in any of the prohibited activities under Section 106(g) of the Trafficking
Victims Protection Act of 2000, Department may terminate this Contract and Subrecipient hereby
agrees and acknowledges that upon termination, Subrecipient 's rights to any funds shall be
terminated.
F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Subrecipient represents and warrants
that if the Contract involves construction of a project, it will comply with the requirements of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts involving
employment, as applicable.
Page 11 of 34
G. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTRAL ACT. Subrecipient represents
and warrants that it will comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387).
H. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT.
1 General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited
from using funds under this Contract for equipment, services, or systems that use
the following covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system in
accordance with Section 889 of Public Law 115-232 (National Defense Authorization Act
2019):
a) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
c) Telecommunications or video surveillance services provided by such entities or using such
equipment.
d) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
2 Subcontracts. Subrecipient must incorporate this prohibition in any contract and require
its contractors to incorporate this requirement into any contract.
SECTION 23. PROCUREMENT OF RECOVERED MATERIAL
Subrecipient represents and warrants that it will comply with the requirements of Section 6002 ofthe
Solid Waste Disposal Act (Chapter 361 of the Texas Health & Safety Code, formerly Tex. Rev. Civ.
Stat. Ann. Art. 4477-7), as amended by the Resource Conservation and Recovery Act.
SECTION 24. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas Government
Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's
Office.
B. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect,and
correct waste, fraud, and abuse in activities funded under this Contract. The systems and procedures
shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors,
subcontractors and administering agencies. Subrecipient's internal control systems and all
transactions and other significant events are to be clearly documented, and thedocumentation is to be
readily available for monitoring by Department.
Page 12 of 34
C. Subrecipient shall give Department complete access to all of its records, employees, andagents
for the purposes of any investigation of the Comprehensive Energy Assistance Program.
Subrecipient shall immediately notify Department of any discovery of waste, fraud, or abuse.
Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste,
fraud, and abuse in the Comprehensive Energy Assistance Program.
D. Subrecipient may not discriminate against any employee or other person who reports a violation
of the terms of this Contract, or of any law or regulation, to Department or to any appropriate law
enforcement authority, if the report is made in good faith.
SECTION 25. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contrac t, Subrecipient
hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will
not knowingly employ an undocumented worker, where "undocumented worker" means an individual
who, at the time of employment, is not lawfully admitted for permanent
residence to the United States or authorized under law to be employed in that manner in the United
States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of Subrecipient
is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay thepublic subsidy with
interest, at a rate of five percent (5%) per annum, not later than the one hundred-twentieth (120th) day after
the date the Department notifies Subrecipient of the violation.
SECTION 26. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration
of a contract supported by federal funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any
of the Parties indicated herein, has a financial or other interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to sub-agreements. Subrecipient
may set standards for situations in which the financial interestis not substantial or the gift is an
unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to
be applied for violations of such standards by officers, employees, or agents of the Subrecipient.
D. Subrecipient shall, in addition to the requirements of this Section 26, follow the requirements of Chapter
171 of the Local Government Code regarding conflicts of interest of officers of municipalities, counties,
and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standardsis
a condition of default under this Contract and may result in termination of the Contract or deobligation
of funds.
F. Subrecipient represents and warrants its compliance with the Federal awarding agency 's
conflict of interest policies in accordance 2 CFR § 200.112.
G. Subrecipient represents and warrants that performance under the Contract will not constitute
an actual or potential conflict of interest or reasonably create an appearance of impropriety.
Page 13 of 34
H. Subrecipient represents and warrants that performance under the Contract will not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety . Further,
Subrecipient represents and warrants that in the administration of the grant, it will comply with all
conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and
policies, including Chapter 176 of the Texas Local Government Code. If circumstances change
during the course of the Contract, Subrecipient shall promptly notify Department.
SECTION 27. POLITICAL ACTIVITY AND LEGISLATIVE ACTIVITY PROHIBITED
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 prohibition shall not be construed
to prevent any state official or employee from furnishing to any member of its governing body upon
request, or to any other local or state official or employee or to any citizen information in the hands of the
employee or official not considered under law to be confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, orjudicial branches of government,
the State of Texas, or the government of the United States.
C. None of the funds provided under this 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 Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award governed by the Byrd Anti-Lobbying Amendment
(31 U.S.C. §1352) as the Owner and each of its tiers have certified by their execution of the
"Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements" attached
hereto as Addendum A and incorporated herein for all relevant purposes.
D. Subrecipient represents and warrants that Department 's payments to Subrecipient andSubrecipient's
receipt of appropriated or other funds under the Contract are not prohibited by Sections 403.1067 or
556.0055 of the Texas Government Code which restrict lobbying expenditures.
SECTION 28. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105 of the Texas GovernmentCode,
Subrecipient represents and warrants that it will not use block grant funds in a manner that
discriminates on the basis of race, color, national origin, sex, or religion.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program
in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965,
as amended, and its implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation
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. Department of
Justice at 28 CFR Parts 35 and 36. Subrecipient shall operate each program or activity receiving
financial assistance so that the program or activity, when viewed in its entirety, is readily accessible
and usable by individuals with disabilities . Subrecipient is also required to provide reasonable
accommodations for persons with disabilities.
Page 14 of 34
D. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§6101-6107).
E. SUBCONTRACTS. Subrecipient will include the substance of this Section 28 in all
subcontracts.
SECTION 29. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED PARTIES. By signing this Contract, Subrecipient certifiesthat
none of its principal employees, board members, agents, or contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal
department or agency as provided in the Certification Regarding Debarment, Suspension and Other
Responsibility Matters attached hereto as Addendum D and incorporated herein for all relevant
purposes. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in thecertification attached as Addendum D, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
Subrecipient also certifies that it will not knowingly award any funds provided by this Contract to
any person who is proposed for debarment under 48 CFR Part 9, subpart 9.4 or that is debarred,
suspended, or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement with a
potential subcontractor that the verification process to comply with this requirement will be accomplished
by checking the System for Award Management ("SAM") at www.sam.gov and including a copy of
the results in its project files. After said verification, Subrecipient may decide the frequency by
which it determines the eligibility of its subcontractors during the term of the subcontractor's
agreement. Subrecipient may subsequently rely upon a certification of a subcontractor that is not proposed
for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure
of Subrecipient to furnish the certification attached hereto as Addendum D or an explanation of
why it cannot provide said certification shall disqualify Subrecipient from participation under this
Contract. The certification or explanation will be considered in connection with the Department 's
determination whether to continue with this Contract. Subrecipient shall provide immediate written
notice to Department if at any time Subrecipient learns that the certification was erroneous when
submitted or has become erroneous by reason of changed circumstances. Subrecipient further
agrees by executing this Contract that it will include the certification provision titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusive-Subcontracts," as setout
in Addendum D, without modification, and this language under this Section 29, in all its subcontracts.
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not listed
in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Propertyand
Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism",
published by the United States Department of the Treasury, Office of Foreign Assets Control.
Page 15 of 34
SECTION 30. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND
THE DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS,
CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES
ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS
AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY
PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED
BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO
ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE
TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
SECTION 31. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such
as worship, religious instruction or proselytization, and must be for the benefit of persons regardless of
religious affiliation. Subrecipient shall comply with the regulations promulgated by the
U. S. Department of Health and Human Services ("HHS") at 45 CFR Part 87.
SECTION 32. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended
under this Contract. Department and HHS shall each have a royalty-free, nonexclusive, and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for
government purposes.
SECTION 33. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall notpreclude
the existence of any other right or remedy, nor shall any action taken in the exercise of any right
or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise
any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or
any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in any
way intended to constitute a waiver by the Department or the State of Texas of any immunities
from suit or from liability that the Department or the State of Texas may have by operation of law.
SECTION 34. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or
administrative tribunal of competent jurisdiction, the remainder shall remain valid and binding.
SECTION 35. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the Parties relating to the subject matter of this
Contract have been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute
promised performances under this Contract:
Page 16 of 34
1. Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
2. Addendum B-Certification Regarding Drug-Free Workplace Requirements
3. Addendum C-Certification Regarding Environmental Tobacco Smoke
4. Addendum D - Certification Regarding Debarment, Suspension and Other Responsibility
Matters
5. Addendum E -PRWORA Requirements
6. Exhibit A- Budget
SECTION 36. SPECIAL CONDITIONS
A. In order to achieve compliance with the LIHEAP Act, Subrecipient must coordinate with other energy
related programs. Specifically, Subrecipient must make documented referrals to thelocal
Weatherization Assistance Program.
B. Subrecipient shall accept applications for CEAP benefits at sites that are geographically accessible
to all Households in the Service Area. Subrecipient shall provide Elderly Persons and Persons
with Disabilities who cannot independently travel to the application site the means to submit
applications for CEAP benefits without leaving their residence or by securing transportation for them
to the sites that accept such applications.
SECTION 37. APPEALS PROCESS
In compliance with the LIHEAP Act, Subrecipient must provide an opportunity for a fair administrative
hearing to individuals whose application for assistance is denied, terminated or not acted upon in a
timely manner. Subrecipient must establish a denial of service complaint procedure in accordance with
10 TAC §6.8.
SECTION 38. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's
employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic
beverages, or for the purchase of alcoholic beverages.
SECTION 39. 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) catastrophic weather conditions or other extraordinary elements
of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection,
riots, civil disorders, rebellion or sabotage; and (iv) quarantines, disease,pandemics, embargoes
and other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of suchevent,
and such occurrence could not have been circumvented by reasonable precautions and could not
have been prevented or circumvented through the use of commercially reasonable alternative sources,
workaround plans or other means.
Page 17 of 34
SECTION 40. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available
to the parties to resolve any dispute arising under the Contract,. If at any time the Subrecipient would
like to engage Department in an Alternative Dispute Resolution ("ADR") procedure, the Subrecipient
may send a proposal to Department 's Dispute Resolution Coordinator. For additional information on
Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemaking
at 10 TAC §1.17.
SECTION 41. OPEN MEETINGS
If the Subrecipient is a governmental entity, Subrecipient represents and warrants its compliancewith
Chapter 551 of the Texas Government Code, which requires all regular, special or called meetings of a
governmental body to be open to the public, except as otherwise provided by law.
SECTION 42. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements,
terms and conditions of this Contract.
SECTION 43. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original
but all of which together shall constitute one and the same instrument. Signed signature pages may
be transmitted by facsimile or other electronic transmission, and any such signatureshall have the
same legal effect as an original.
SECTION 44. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the
feminine, and singular words shall include the plural.
SECTION 45. CYBERSECURITY TRAINING PROGRAM
A. Subrecipient represents and warrants its compliance with Section 2054.5191 or 2054.5192 of the
Texas Government Code relating to the cybersecurity training program for local government employees
who have access to a local government computer system or database.
B. If Subrecipient has access to any state computer system or database, Subrecipient shall complete
cybersecurity training and verify completion of the training program to the Department pursuant to and in
accordance with Section 2054.5192 of the Government Code.
SECTION 46. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW
Subrecipient represents and warrants its compliance with 2 CFR §200.113 which requires the disclosure
in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of
certain civil, criminal, or administrative proceedings to SAM.
SECTION 47. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZTIONS,
CHARIABLE TRUSTS,AND PRIVATE FOUNDATIONS
Subrecipient represents and warrants that it will comply with Section 2252.906 of the Texas Government
Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private
foundations.
Page 18 of 34
SECTION 48. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein
referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young
Telephone: (512)475-2125
Fax: (512)475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Attention: Fernando Costa, Assistant City Manager
Telephone: (817) 392-6122 Fax: (817)392-6134 Email: fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailedby
overnight service, or five (5) days after mailing by certified or registered mail, postage prepaid,
return receipt requested, addressed to the appropriate Notice Address as defined inthe above
Subsection A of this Section 48.
C. Subrecipient shall provide contact information and required notifications to the Department through
the Contract System in accordance with 10 TAC §6.6.
SECTION 49. VENUE AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of the State of Texas,
without regard to the conflicts of law provisions. The venue of any suit arising under this Contract is fixed
in any court of competent jurisdictions of Travis County, Texas.
SECTION 50. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state
law, the Department may not enter into this Contract with an "abortion provider" or an "affiliate" of an
abortion provider, as said terms are defined thereunder, if funds under this Contract are appropriated
from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any
funds under this Contract from state or local tax revenue, it is eligible to receive said funds, and
that it will not utilize said funds in any way contrary to this Section 50 during the Contract Term.
SECTION 51. EXECUTIVE HEAD OF STATE AGENCY AFFIRMATION
In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive
head of a state agency, Subrecipient certifies that it is not (1) the executive head of a state agency,
(2) a person who at any time during the four years before the date of the Contract was the executive
head of a state agency, or (3) a person who employs a current or former executive head of a state
agency.
Page 19 of 34
SECTION 52. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS
The program applications must provide a space for applicants to indicate if they are a veteran as required
by Section 434.212 of the Texas Government Code. In addition, the application must include the
following statement: "Important Information for Former Military Services Members . Women and men
who served in any branch of the United States Armed Forces, including Army, Navy, Marines, Coast
Guard, Reserves or National Guard, may be eligible for additional benefits and services. For more
information please visit the Texas Veterans Portal at http://veterans.portal.texas.gov/.
SECTION 53. ASSIGNMENT
The Contract is made by Department to Subrecipient only. Accordingly, it is not assignable withoutthe
written consent and agreement of Department, which consent may be withheld in Department's sole
discrection.
EXECUTED to be effective on January 01,2022
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Robert Wilkinson
Title: Its duly authorized officer or representative
Date: February 16, 2022 7:54 am
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 20 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2022 CEAP PROGRAM
CONTRACT NO. 58220003572 CSC No.
APPROVED AS TO FORM AND LEGALITY:
Taylor Paris
Assistant City Attorney
ATTEST:
a
p�OFOR o 4 a
Jannette S. Goodall 9`�o G��d
Jannette S.Goodall(Feb 16,2022 14:43 CST) /.O %O d
Jannette S. Goodall P.
o=d
0
City Secretary �� o o�c�d
0o d
M&C: 22-0013 ���nEXAsoAp
Dated: January 11,2022
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)
Title: Assistant City Manager
Date: February 15, 2022
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: February 16, 2022
Contract Compliance Manager:
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.
Son+n ems,2022 10:02 CST)
Sonia Singleton,Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making ofany Federal grant, the
making of any Federal loan, the entering into of any cooperativeagreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract,grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, and contractsunder grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is material representation of fact on which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31 of the U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states,to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influencean
officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an
employee of a Member of Congress in connection with this commitment providing for the United States
to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions. Submissionof this statement is a
prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code.
Any person who fails to file the required statement shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Page 21 of 34
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 22 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988:45
CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a Federal
agency may designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE
certifications, and for notification of criminal drug convictions. For the Departmentof Health and
Human Services, the central point is: Division of Grants Management and Oversight, Office of
Management and Acquisition, Department of Health and Human Services, 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:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee 's workplace and
specifying the actions that will be 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 workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(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 paragraph (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 in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under paragraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction . Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on
whose grant 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 identification number(s) of each
affected grant;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice underparagraph
(d)(2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation
of paragraphs (a), (b), (c), (d), (e) and (f).
Page 23 of 34
Place(s) of Performance [site(s) for the performance of work done in connection with the specific
grant] (include street address, city, county, state, zip code):
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass transit authority or State highway department while in operation, State employees
in each local unemployment office, performers in concert halls or radio studios). If Subrecipient
does not identify the workplaces at the time of application, or upon award, if there is no application,
the Subrecipient must keep the identity of the workplace(s) onfile in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation of
the Subrecipient's drug-free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, Department,in addition to any
other remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title:Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 24 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
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 facility routinely
owned or leased or contracted for by an entity and used routinely or regularly for provision of
health, day care, education, or library services to children under the age of eighteen (18), if the
services are funded by Federal programs either directly or through State or local governments,
by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's
services provided in private residences, facilities funded solely by Medicare or Medicaid funds,
and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000.00
per day and/or the imposition of an administrative compliance order on the responsible entity.
By signing and submitting this Contract the Subrecipient certifies that it will comply with the
requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be included
in any subawards which contain provisions for the children 's services and that all subgrantees shall
certify accordingly.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 25 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
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 voluntarily
excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civiljudgment
rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated insection (b) of
this certification;
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default; and
(e) Will submit to the Department information about each proceeding that occurs during this Contract
Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most resent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary
fine, penalty, reimbursement, restitution, or damages of$5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and
liability and your payment of either a monetary fine or penalty of $5,000.00 ormore or
reimbursement, restitution, or damage in excess of$100,000.00-1 or
iv. Any other criminal, civil, or administrative proceeding if:
1- It could have led to an outcome described in this section (e) paragraph (3)
items (i) - (iii) of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information about
the proceeding does not conflict with applicable laws and regulations.
Page 26 of 34
(4) For purposes of section (e)of this certification the following definitions apply:
i. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature
in order to make a determination of fault or liability (e.g., Securities and Exchange
Commission Administrative proceedings, Civilian Board of Contract Appeals
proceedings, and Armed Services Board of Contract Appeals proceedings). This
includes proceedings at the Federal and State level but only in connection with performance
of a Federal contract or grant. It does not include audits, site visits, corrective plans, or
inspection of deliverables.
ii. A"conviction",for purposes of this award term and condition, means a judgment orconviction
of a criminal offense by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification,
such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled"
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Subcontracts/Lower Tier Covered Transaction," without modification, in all subcontracts and in all
solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of thisproposal,
that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date: "
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification,
in addition to any other remedies available to the Federal Government, the Department may terminate this
Contract for cause or default.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 27 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
ADDENDUM
PRWORA REQUIREMENTS
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying for
LIHEAP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity
Act of 1996, ("PRWORA") or (`Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C.
§1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to public benefits
based on immigration status. This includes activities that: ( 1) deliver in-kind services at thecommunity level,
(2) are necessary for the protection of life or safety, and (3) do not condition the provision of assistance on
the applicant's income or resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose
government that administers "federal public benefit programs" is required to determine, and to verify,
the individual's alienage status before granting eligibility (8 U.S.C. §1642 (a) and (b)). Subrecipient must
use the SAVE verification system to verify and document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration
or naturalization documentation that contains the information (e.g., alien registration number) required by
the SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether the document(s)
reasonably appear(s) to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient
requests for verification of immigration or naturalized or derived citizenship status information, including
(1) information from the applicant's immigration or naturalization documentation for initial automated
verification, (2) additional information obtained from the alien's immigration or naturalization documentation for
automated additional verification, and (3) completed Forms G-845and other documents and information
required for manual additional verification. For manual only verification, ensure that Forms G-845 and other
documents and information required for manual verification are provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated bySubrecipient
to use SAVE on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE
required training including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s),
<http://www.uscis.gov/save/what-save/save-webinars>, and maintaining a working knowledge of requirements
contained therein and in this Contract as updated. Documentation oftraining must be maintained by the
Subrecipient for monitoring review;
Page 28 of 34
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform
verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in the
SAVE Program Guide, web-based tutorial, this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance. Contact information can be found at
<https://www.uscis.gov/e-verify/employers/monitoring-and-compliance> or 202-443-0104
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or
the applicant requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-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 ofsuch information
in accordance with this and all other provisions of this Contract;
0) Comply with the requirements of the Federal Information Security Modernization Act of 2014 (FISMA)
(PL-113-283, as amended) and OMB guidance as applicable to electronic storage, transportof records
between agencies, and the internal processing of records received by either agency under the terms of
this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other purpose
than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any
unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to
information regarding him/her may do so by submitting a written signed request to DHS-USCIS. Instructions
for submitting request may be found at
<http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorre
ctYourRecordswithUSCIS.pdf> (subject to revision and reposting on the SAVE Website and Online Resources);
(I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable
laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting
verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data
provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of
the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the
applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response
with adequate written notice of the denial and the information necessary to contact DHS-USCIS so that
such individual may correct their records in a timely manner, if necessary. A FactSheet that includes the
process by which applicants may contact DHS-USCIS is posted at
<http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorre
ctYourRecordswithUSCIS.pdf>, (subject to revision and reposting on the SAVE Website and Online Resources);
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response
with the opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-
USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C.
§1324a.
(2) Monitoring and Compliance.
Page 29 of 34
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents
related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including,
but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or
other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a violation
of this agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an information
breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of
Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the
Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records 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 authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visitsto
review Subrecipient's compliance with this Exhibit B and all other SAVE-related policy, procedures, guidance
and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data
provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's Userlds
use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system
profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and
all contact persons or other personnel within the Subrecipient's organization or relevant contractors
regarding any and all questions or problems which may arise in connection with the Subrecipient's participation
in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and
to assist SAVE users as necessary to ensure compliance with the terms of this Exhibit B and theSAVE
Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements andrecommendations
on every written finding including but not limited to those of the Department or SAVE Monitoring and
Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-
compliance with the terms, conditions and safeguards of this Exhibit B, SAVE Program procedures or other
applicable law, regulation or policy; and
Q) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal service
address, physical address, name and telephone number Users authorized representative for any
notifications, questions or problems that may arise in connection with Users participation in SAVE and with
notification of changes in the benefit offered by the User.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted
by law, including, but not limited to, the prosecution of violations of Federal administrative orcriminal law.
Page 30 of 34
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed bythe
Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under false pretenses or
uses it for any purpose other than as provided for in this Contract may be subject to criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or action
by third parties arising out of or related to the execution and/or performance of this Contract, whether civil
or criminal, and retain responsibility for the payment of any corresponding liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512)475-2125
Email: michael.devounciatdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: saveregistrationadhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
Phone: (888)464-4218
Email: save.monitorinciadhs.ciov
(6) Certification.
The undersigned hereby certifies to the Department that all information herein is true and correct to the
best of their knowledge and belief. The purpose of this statement is to certify that City of Fort Worth
(Subrecipient):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute and
affiliated with a state or governmental entity (such as a housing finance agency, public housing
authority, unit of local government, council of governments, county, etc.)
Page 31 of 34
Certification must have the signature from a representative with authority to execute documents
on the Subrecipient's behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly and
willingly making a materially false, fictitious, or fraudulent statement or entry in any matter under the jurisdiction
of the federal government (18 U.S.C. Sec. 1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 32 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003572
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA#93.568)
EXHIBIT A
BUDGET
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 6,319,219.00 CEAP FUNDS CURRENTLY AVAILABLE
$2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $456,248.00 -
Direct Services $ 5,860,471.00 -
TOTAL CEAP BUDGET $ 6,316,719.00 -
BUDGET CATEGORY FUNDS %
Household Crisis $2,540,807.00 43.35
Utility Assistance $2,540,807.00 43.35
Program Services $778,857.00 13.29
TOTAL DIRECT SERVICES $ 5,860,471.00 100.00
General Administrative and coordination of CEAP, including costs and all indirect (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. All other administrative costs, exclusive of administrative costs for program
services, must be paid with nonfederal funds.
Page 33 of 34
Program services cost 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 costs 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 tracking or monitoring required by CEAP.
Department'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 category. Failure to do so may
result in termination of this Contract. Subrecipient must document outreach, whether the outreach 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 inthe
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 Contract Term.
If the Contract Term has expired, Subrecipient must return the vendor refund (s) to the Department.This
refund must contain the contract number, and appropriate budget line item associated to the refund(s).
Page 34 of 34
M&C Review Page 1 of 2
official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTH
Create New From This M&C
DATE: 1/11/2022 REFERENCE NO.: M&C 22-0013 LOG NAME: 19NS CEAP
2022
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL)Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs in an Amount Up to $8,000,000.00 for the 2022 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 Attached 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, 2022 and ending on December 31, 2022;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount up to
$8,000,000.00 for the purpose of funding utility payment assistance and energy conservation
education for low to moderate income residents; and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 26.09\%,
estimated total of $258,854.54.
DISCUSSION:
The City of Fort Worth (City) contracts with the Texas Department of Housing and Community Affairs
(TDHCA) to provide the Comprehensive Energy Assistance Program (CEAP) through the Community
Action Partners (CAP), which is managed by the City'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 2022 CEAP. The total 2021 contract amount was $6,974,499.00. 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 2022. 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$6,250,532.00 per year and
as much as $6,974,499.00 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 priority 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
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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 2021 to September 2021, CAP served 4,284 households and 9,770 individuals using this
grant.
Indirect costs totaling an estimated $258,854.54, calculated by taking wages & salaries designated for
this grant of approximately $992,160.00 multiplied by the Neighborhood Service Departments' indirect
cost rate of 26.09\% defined in the City's most recent Cost Allocation Plan, could be charged to this
grant. A waiver of these indirect costs is requested to allow allocation of these funds to further support
the programs and services to assist low-to-moderate income citizens.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
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
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department I Account Project Program Activity Budget Reference # Amount
ID I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Victor Turner(8187)
Additional Information Contact: Sonia Singleton (5774)
Benedict George (7339)
ATTACHMENTS
19NS CEAP 2022 21001 A022(r3).docx (Public)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29565&councildate=l/11/2022 1/12/2022