HomeMy WebLinkAboutContract 57319-A1CSC No. 57319-Al
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(CFDA # 93.499)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2101TXLWC5
Award Year (Year of Award from HHS to TDHCA): 2021
Unique Entity Identifier Number: FXG4SWSNZKT9
This Amendment No. 1 to 2021 Low Income Household Water Assistance Program ("LIHWAP")
Contract Number 34210003670 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 collectively referred to as the
"Parties".
RECITALS
WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program
Contract Number. 34210003670 ("Contract") on January 01, 2022 and
WHEREAS, the Parties desire to amend the Contract h the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 2, CONTRACT TERM, of this Contract is hereby amended as follows:
This Contract shall commence on January 01, 2022, and, unless earlier terminated h writing,
shall end on September 30, 2023 ("Contract Term").
2 Subsection D. 7. of Section 4, DEPARTMENT FINANCIAL OBLIGATIONS, of this Contract is
hereby deleted and replaced h its entirety as follows:
D. Department is not liable for any cost incurred by Subrecipient which:
7. is not reported to Department on a monthly expenditure and performance report within
thirty (30) calendar days following the end of the Contract Term.
3. Subsection D. of Section 5, METHOD OF PAYMENT/CASH BALANCES, of this Contract is
hereby deleted and replaced h its entirety as follows:
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 eligible
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 LIHWAP
contract for a period not to exceed thirty (30) calendar days from the end of the Contract
Term.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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4. Subsection C. of Section 10, REPORTING REQUIREMENTS, of this Contract is hereby deleted
and replaced in its entirety as follows:
C. FINAL REPORTS. Subrecipient shall electronically submit to Department, no later than
thirty (30) 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 thirty (30) calendar days of the end of the Contract
Term, Department will use the last report submitted by Subrecipient as the final report.
5. Exhibit B. Performance Statement, of this Contract is hereby deleted and replaced in its entirety
with the attached Exhibit B.
6. All of the remaining terms of the Contract shall be and remain in full force and effect as therein
set forth and shall continue to govern except to the extent that said terms conflict with the terms
of this Amendment. In the event this Amendment and the terms of the Contract are in conflict,
this Amendment shall govern, unless it would make the Contract void by law.
7. Each capitalized term not expressly defined herein shall have the meaning given to such term in
the Contract.
8. This Amendment may be executed in several counterparts, each of which shall be deemed to be
an original copy, and all of which together shall constitute one agreement binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
9. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing
party intends the copy of its authorized signature printed by the receiving machine or the
electronic transmission to be its original signature.
10. By signing this Amendment, the Parties expressly understand and agree that its terms shall
become a part of the Contract as if it were set forth word for word therein.
11. This Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
12. This Amendment shall be effective and memorializes an effective date of February 15, 2023.
WITNESS OUR HAND EFFECTIVE: February 15, 2023
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: March 31, 2023 1:25 pm
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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: April 4, 2023 7:46 am
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
The Consolidated Appropriations Act, 2021 (PL 116-260) (CFDA # 93.499)
FY 2021 LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
EXHIBIT B
PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
PERFORMANCE BENCHMARKS AS REFLECTED THROUGH THE MONTHLY EXPENDITURE
AND PEFORMANCE REPORT
The original amount of funds awarded under this Contract can be found in Section 4F of the Contract.
1. By June 30, 2022, Subrecipient must demonstrate expenditure of 25% or greater of the original
amount funds awarded under this Contract;
2. By April 30, 2023, Subrecipient must demonstrate expenditure of 40%
amount of funds awarded under this Contract;
3. By June 30, 2023, Subrecipient must demonstrate expenditure of 60%
amount of funds awarded under this Contract;
4. By August 31, 2023, Subrecipient must demonstrate expenditure of 80%
amount of funds under this Contract;
5. Subrecipient must submit a final Monthly Expenditure and Performance
days after the end of the Contract Term.
or greater of the original
or greater of the original
or greater of the original
Report no later than 45
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CSC No. 57319
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(CFDA # 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2101TXLWC5
Award Year (Year of Award from HHS to TDHCA): 2021
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2021 Low Income Household Water Assistance Program ("LIHWAP") Contract Number
34210003670 ("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 Department and
the Subrecipient may be referred to as the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2022, and, unless earlier terminated in writing, shall
end on March 31, 2023 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient's Service Area under this Contract consists
TARRANT
B. Subrecipient shall operate a Low Income Household
using funds under the Consolidated Appropriations Act
of the following Texas County/Counties:
Water Assistance Program ("LIHWAP")
of 2021 (Public Law 116-260), Chapters
2105 and 2306 of the Texas Government Code (collectively, "State Act"), the implementing State
regulations under Title 10, Part 1, Chapter 1, Chapter 2, the relevant sections of Subchapter A and
Subchapter E Chapter 6 of the Texas Administrative Code, as amended or supplemented from
time to time (collectively, "State Rules"), the LIHWAP Grant Implementation Plan, as found on the
Department's website, 2 CFR Part 200 (as applicable), the Department's guidance related to
LIHWAP, 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, D and E
incorporated herein for all relevant purposes, the "Budget" attached hereto as Exhibit A and
incorporated herein for all relevant purposes, the "Performance Statement" attached as Exhibit B
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 the following Vulnerable Populations: (1) "Elderly Persons who are 60 and
above", (2) "Persons with Disabilities", (3) Households with children five (5) years of age or under,
(4) Households with the lowest income will receive the highest level of assistance.
D. Subrecipient shall use forms proscribed by the Department including but not limited to the Vendor
Agreement and the Landlord Agreement.
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OFFICIAL RECORD
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 eligibility determination and outreach costs and direct
services expenditures in accordance with 10 TAC §6.308, in the amount(s) specified in the
"Budget" attached 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 limited to,
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 the terms of this
Contract.
C. Department's obligations under this Contract are contingent upon the actual receipt and
availability by the Department of LIHWAP Funds from the U.S. Department of Health and Human
Services ("HHS"). If sufficient funds are not available to make payments 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.
D. Department is not liable for any cost incurred by Subrecipient which:
1. Is not used for the immediate restoration of services to households without current water
services;
2. Is not used for the payment of existing arrearages to prevent disconnection of drinking water
or wastewater services.
3. Is not used for the rate reduction of current bills;
4. is subject to reimbursement by a source other than Department;
5. is for performance of services or activities not authorized by the LIHWAP Act, State Plan,
State Rules, or which is not in accordance with the terms of this Contract;
6. is not incurred during the Contract Term except for Household arrearages; or ;
7. is not reported to Department on a monthly expenditure and performance report within
forty-five (45) calendar days following the end of the Contract Term.
E. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for allowable costs actually incurred or performances rendered for activities
specified in the LIHWAP Act.
F. Notwithstanding any other provision of this Contract, the total of all payments and other obligatio
incurred by Department under this Contract shall not exceed the sum of $3,363,282.00.
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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 and be
timed to be in accordance with the actual, immediate cash requirements of the Subrecipient or an
advance of $5,000, whichever is greater. In carrying 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.
B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time
between the disbursement of funds from Department to Subrecipient and the expenditure of 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 eligible 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 LIHWAP contract for a period not to
exceed forty-five (45) calendar days from the end of the Contract Term.
E. REFUND. Subrecipient shall refund, 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 or within ten
(10) calendar days upon the Subrecipient's discovery of an unallowable payment.
SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Except as expressly modified by
law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform
administrative requirements set forth in the state Uniform Grant Management Standards (34 TAC
§20.421) ("UGMS") and 45 CFR Part 75 in effect on the effective date of this Contract. All
references therein to "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 $750,000 of Federal
funds.
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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 a management 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 by electronic mail to
SAandACF@tdhca.state.tx.us.
F. 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. 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 LIHWAP, 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.
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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 State Rules, subject to the limitations and exceptions set forth in this Section 8.
B. LIHWAP Funds allow up to 13.13% 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 LIHWAP
State Plan.
C. Administrative funds and funds for program services activities such as outreach/eligibility
determination and household benefits are earned through provision of direct services 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 the state Uniform Grant
Management Standards, Chapter III, "State Uniform Administrative Requirements for Grants and
Cooperative Agreements", Subpart C -Post Award Requirements, §_.42 ("UGMS"). Subrecipient
agrees to comply with any changes to the UGMS record keeping requirements and 45 CFR Part
75. 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 written, produced, collected,
assembled, or maintained by Subrecipient pursuant to this Agreement is subject to the Texas
Public Information Act (Chapter 552 of Texas Government Code) and must be provided to
citizens, public agencies, and other interested parties 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. In accordance with Section 2252.907
of the Texas Government Code, Subrecipient is required to make any information created or
exchanged with the State of Texas pursuant to this Agreement available in a format that is
accessible by the public at no additional charge to the State of Texas. A request to the
Subrecipient for public information shall be communicated to Department's contact identified in
this Contract, by the close of business on the following business day after the day the business
day the request is received. Subrecipient shall not provide to the requestor any information that
was written, produced, collected, assembled, or maintained under this Contract, but shall respond
to the requestor that the request has been forwarded to Department for processing. After
gathering all information that is responsive to the request, but in no event later than five (5)
business days after receiving the information request, Subrecipient shall send the information to
Department. Subrecipient shall timely contact Department if there will be any delay in sending the
information request or responsive documents to Department.
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C. ACCESS TO RECORDS. Subrecipient shall give the U.S. Department of Health and Human
Services, the U.S. General Accounting Office, the Office of the Attorney General of Texas, the
Texas Comptroller, the State Auditor's Office, 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 access shall continue as long
as the records are retained by Subrecipient. Subrecipient agrees to cooperate with any
examination conducted pursuant to this Subsection C.
D. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location
for the greater of: (i) the time period described in the state Uniform Grant Management Standards,
Chapter III, "State Uniform Administrative Requirements for Grants and Cooperative Agreements",
Subpart C -Post Award Requirements, §_.42 ("UGMS"); (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:
Client application containing all Department requirements;
2. Documentation/verification of client income for the thirty (30) days preceding their
application 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. Water consumption history for previous twelve (12) months 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; and
11. Vendor Agreement;
12. Landlord Agreement (if applicable); and
13. Case notes sufficient to document that program service activity has occurred.
F. LIHWAP FUNDS. Subrecipient shall track, account for, and report on this funding separate from
its 2021 LIHWAP ARP funding.
G. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all
subcontracts.
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SECTION 10. REPORTING REQUIREMENTS
A. FUNDING REPORT. By the twentieth (20th) 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.
B. INVENTORY. 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 Five Thousand and No/100 Dollars ($5,000.00) and/or a useful life of more than
one year, if purchased in whole or in part with funds received under this Contract. The inventory
shall include the vehicles, tools, equipment, and appliances purchased with LIHWAP Funds on
hand as of the last day of the Contract Term. Subrecipient acknowledges that all equipment and
supplies purchased with funds from the LIHWAP are the property of LIHWAP and as such, stay
with the Subrecipient that provides LIHWAP services in the Service Area.
C. 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.
D. HOUSEHOLD DATA. By the twentieth (20th) 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.
E. 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 terminate
this Contract in accordance with Section 7 of this Contract.
F. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with a Data
Universal Numbering System ("DUNS") number and a Central Contractor Registration ("CCR")
System number to be used as the 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 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.
SECTION 11. VENDOR AGREEMENTS
For each of Subrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement
as provided by the Department that contains assurances relating to fair billing practices, delivery
procedures, and pricing procedures for business transactions involving LIHWAP clients. All vendor
agreements are subject to monitoring procedures performed by TDHCA. All vendor agreements must
be updated if the Contract Term is extended beyond a one-year agreement.
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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 Subsection A of 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 in whole
or in part with funds provided under this Contract in accordance with the state Uniform Grant
Management Standards ("UGMS"), more specifically, Chapter III, "State Uniform Administrative
Requirements For Grants and Cooperative Agreements", Subpart C - Post -Award Requirements-
-Financial Administration, §_.25, Program Income and 45 CFR Part 75.
SECTION 14. TECHNICAL ASSISTANCE AND MONITORING
A. 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.
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B. Monitoring reviews will consist of site visits and/or desk reviews. Subrecipients will be monitored
at least once every three years. If a Subrecipient also manages Community Service Block Grant
funds and/or the LIHEAP Comprehensive Energy Assistance Program or the Weatherization
Assistance Program, monitoring may be done at the same time and therefore sooner than 2023.
The Monitoring Plan is risk based and risk is assessed quarterly. More frequent monitoring visits
may be conducted for Subrecipients with identified risk or being monitored for other Department
programs.
SECTION 15. INDEPENDENT SUBRECIPIENT
Subrecipient is an independent contractor.
SECTION 16. PROCUREMENT STANDARDS
A. Subrecipient shall comply with UGMS and 45 CFR Part 75, this Contract, and all applicable
federal, state, and local laws, regulations, and ordinances for making procurement transactions
and purchases under this Contract.
B. Subrecipient may not use funds provided under this Contract to purchase equipment (as defined
by UGMS) with a unit acquisition cost (the net invoice unit price of an item of equipment) of more
than $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 LIHWAP 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 LIHWAP Funds.
SECTION 17. SUBCONTRACTS
A. Subrecipient may not subaward funds under this Contract.
B. Subreicpient will not 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 subcontracts 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.
C. 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 under this
Section 17 does not waive any right of action which may exist or which may subsequently accrue
to Department under this Contract.
Page 9 of 34
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 of Texas
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.
SECTION 19. INSURANCE REQUIREMENTS
Subrecipient shall maintain adequate personal injury and property damage liability insurance. Liability
insurance costs may be paid from administrative funds.
SECTION 20. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or
administrative agency against Subrecipient and arising out of the performance of this Contract or any
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 this Contract
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 received from Department
for performance of the provisions of this Contract, if the Department has terminated this Contract
for reasons enumerated in this Section 21.
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.
Page 10 of 34
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the Consolidated
Appropriations Act of 2021, the federal rules and regulations promulgated under the Consolidated
Appropriations Act of 2021, the State Act, the State Rules, LIHWAP 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 activity or
activity that violates any federal, state or local laws.
B. DRUG -FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract
and the "Certification Regarding Drug -Free Workplace Requirements" attached hereto as
Addendum B that it is implementing the Drug -Free Workplace Act of 1988 (41 U.S.C. §701, et
seq) 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 reasonable steps 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 under this
Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required by 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. PROHIBITED EXPENDITURE ON CERTAIN TELECOMMNUICATIONS 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.
Page 11 of 34
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. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. 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 the
documentation is to be readily available for monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents
for the purposes of any investigation of the LIHWAP Funds. 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 LIHWAP.
C. 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 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient
hereby certifies that Subrecipient/Local Operator, 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 the public subsidy with
interest, at a rate of five percent (5%) per annum, not later than the 120th day after the date the
Department notifies Subrecipient of the violation.
SECTION 25. 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.
Page 12 of 34
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 subcontracts. Subrecipient
may set standards for situations in which the financial interest is 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 25, follow the requirements of
Chapter 171 of the Local Government Code regarding conflicts of interest of officers of
municipalities, counties, and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standards is
a condition of default under this Contract and may result in termination of the Contract or
deobligation of funds.
SECTION 26. POLITICAL 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, or judicial 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 Development 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.
SECTION 27. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the
benefits of, be subjected to discrimination under, or be denied employment in the administration of
or in connection with any program or activity funded in whole or in part with funds made available
under this Contract, on the grounds of race, color, religion, sex, national origin, age, disability,
political affiliation or belief.
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.
Page 13 of 34
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.
D. SUBCONTRACTS. Subrecipient will include the substance of this Section 27 in all subcontracts.
SECTION 28. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that 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 the certification 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 set out in Addendum D, without modification, and this
language under this Section 28, in all its subcontracts.
SECTION 29. 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 ("NHS") at 45 CFR Part 87.
Page 14 of 34
SECTION 30. COPYRIGHT
Any right or remedy given to Department by this Contract shall not preclude 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.
SECTION 31. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude 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.
SECTION 32. 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 33. 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:
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
7. Exhibit B - Performance Statement
SECTION 34. SPECIAL CONDITIONS
Subrecipient shall accept applications for LIHWAP 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 LIHWAP benefits without leaving their residence or by securing transportation for them to the sites
that accept such applications.
Page 15 of 34
SECTION 35. APPEALS, DENIAL OF SERVICE AND COMPLAINTS
A. 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 this
Section 35.
B. Subrecipient shall provide a written denial of assistance notice to applicant within 10 calendar
days of the determination. Such a determination is defined as a denial of assistance, but does not
include a level of assistance lower than the possible program limits or a reduction in assistance,
as long as such process is in accordance with the Subrecipient's written policy. This notification
shall include written notice of the right of a hearing and specific reasons for the denial by program .
The applicant wishing to appeal a decision must provide written notice to Subrecipient within 20
calendar days of receipt of the denial notice.
C. A Subrecipient must establish an appeals committee composed of at least three persons .
Subrecipient shall maintain documentation of appeals in their customer files.
D. Subrecipient shall hold a private appeal hearing (unless otherwise required by law) by phone or in
person in an accessible location within ten (10) business days after the Subrecipient received the
appeal request from the applicant and must provide the applicant notice in writing of the
time/location of the hearing at least seven calendar days before the appeal hearing.
E. Subrecipient shall record the hearing.
F. The hearing shall allow time for a statement by Subrecipient staff with knowledge of the case.
G. The hearing shall allow the applicant at least equal time, if requested, to present relevant
information contesting the decision.
H. Subrecipient shall notify applicant of the decision in writing. The Subrecipient shall mail the
notification by close of business on the third calendar day following the decision (three day
turn -around).
If the denial is solely based on income eligibility, the provisions described in subsections (C) - (H)
of this subsection do not apply, but the applicant may request a recertification of income eligibility
based on initial documentation provided at the time of the original application. The recertification
will be an analysis of the initial calculation based on the documentation received with the initial
application for services and will be performed by an individual other than the person who
performed the initial determination. If the recertification upholds the denial based on income
eligibility documents provided at the initial application, the applicant must be notified in writing.
J. If the applicant is not satisfied with Subrecipient's decision, the applicant may further appeal the
decision in writing to the Department within ten (10) calendar days of notification of an adverse
decision.
SECTION 36. 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.
Page 16 of 34
SECTION 37. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure
to perform hereunder:
A. Any of the following events: (i) 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 such
event, 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.
SECTION 38. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to
encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the
Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006
respectively, Texas Government Code), to assist in the fair and expeditious resolution of internal and
external disputes involving the Department and the use of negotiated rulemaking procedures for the
adoption of Department rules. As described in Chapter 154, Civil Practices and Remedies Code,
ADR procedures include mediation. Except as prohibited by Department's ex parte communications
policy, Department encourages informal communications between Department staff and the
Subrecipient, to exchange information and informally resolve disputes. Department also has
administrative appeals processes to fairly and expeditiously resolve disputes. If at any time the
Subrecipient would like to engage Department in an 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 39. 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 40. 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 signature shall
have the same legal effect as an original.
SECTION 41. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine,
and singular words shall include the plural.
Page 17 of 34
SECTION 42. 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, Director of Community Affairs
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, mailed by
overnight service, or five days after mailing by certified or registered mail, postage prepaid, return
receipt requested, addressed to the appropriate Notice Address as defined in the above
Subsection A of this Section 42.
C. Subrecipient shall provide contact information to the Department in accordance with 10 TAC §6.6.
SECTION 43. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of
litigation pursuant to this Contract, venue shall lie in Travis County, Texas.
SECTION 44. 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 44 during the Contract
Term.
Page 18 of 34
SECTION 45. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without
the written consent and agreement of Department, which consent may be withheld in Department's
sole discretion.
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: March 24, 2022 12:55 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: March 25, 2022 12:41 pm
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 19 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2021 LIWAP PROGRAM
CONTRACT NO. 34210003670; CSC No.
APPROVED AS TO FORM AND LEGALITY:
Taylor Paris
Assistant City Attorney
ATTEST:
ette S. Goodall (Mar29, 202214 CDT)
Jannette Goodall
City Secretary
M&C: 22-0016
Dated: January 11, 2022
CITY OF FORT WORTH
O=d
Y \\ OrI
0, T 00 V , 00 4"
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n11nEXAS-oOa
By: Fernando Costa (signed electronically -see attached contract)
Title: Assistant City Manager
Date: March 24, 2022
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: March 25, 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.
Sonia inlet•(M ar 29. 202209:53 CDT)
Sonia Singleton, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(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 the undersigned,
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 of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, 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.
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 contracts under
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 and not more than
$100,000 for each such failure.
Page 20 of 34
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 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 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. Submission of 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 and not more than $100,000 for each such failure.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: March 24, 2022 12:55 pm
Page 21 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(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 Department of
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 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 30 calendar days of receiving notice under paragraph
(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;
Page 22 of 34
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (fl.
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) on file 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: March 24, 2022 12:55 pm
Page 23 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(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 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 $1000 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: March 24, 2022 12:55 pm
Page 24 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(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 civil
judgment 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 in section (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
Contract Term or during the recordkeepinq period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent 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
fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in
liability and your payment of either a monetary fine or penalty
reimbursement, restitution, or damage in excess of $100,000; or
iv. Any other criminal, civil, or administrative proceeding if:
2.
3.
that occurs during this
payment of a monetary
a finding of fault and
of $ 5,000 or more or
It could have led to an outcome described in this section (e) paragraph (3) items (i) -
(iii) of this award term and condition;
It had a different disposition arrived
acknowledgment of fault on your part; and
The requirement in this award term and condition to disclose
proceeding does not conflict with applicable laws and regulations.
at
(4) For purposes of section (e) of this certification the following definitions apply:
i. An "administrative proceeding" means a non judicial process
nature in order to make a determination of fault or liability (e.g.,
Commission Administrative proceedings, Civilian Board
by consent or compromise with an
information about the
that is adjudicatory in
Securities and Exchange
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.
Page 25 of 34
ii. A "conviction", for purposes of this award term and condition, means a judgment or
conviction 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 this proposal,
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: March 24, 2022 12:55 pm
Page 26 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
FY 2021 The Consolidated Appropriations Act (PL 116-260)
(CFDA # 93.568)
ADDENDUM E
PRWORA REQUIREMENTS
If an individual is applying for LIHWAP Funds, a Subrecipient must verify that the individual applying for
LIHWAP 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 the
community 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
immigration or naturalization documentation that contains the information
number) required by the SAVE Program;
(b) Physically examine the documentation presented by the applicant and
document(s) reasonably appear(s) to be genuine and to relate to the individual;
present the applicant's
(e.g., alien registration
determine whether the
(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-845
and 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 by
Subrecipient 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.aov/save/what-save/save-webinars, and maintaining a working
knowledge of requirements contained therein and in this Contract as updated. Documentation of
training must be maintained by the Subrecipient for monitoring review;
Page 27 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.aov/e-verifv/emplovers/monitorinci-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 of
such information in accordance with this and all other provisions of this Contract;
(j) 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,
transport of 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.aov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrect
YourRecordswithUSCIS.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 Fact
Sheet that includes the process by which applicants may contact DHS-USCIS is posted at
<http://www.uscis.aov/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.
Page 28 of 34
(2) Monitoring and Compliance.
(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 visits
to review Subrecipient's compliance with this Addendum E 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 User
Ids 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 Addendum E
and the SAVE Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations 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 Addendum
E, SAVE Program procedures or other applicable law, regulation or policy; and
(j) 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 or
criminal law.
Page 29 of 34
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by
the 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.devouna(a�tdhca.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: savereaistration(a�dhs.aov
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.monitorincOdhs.aov
(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 30 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: March 24, 2022 12:55 pm
Page 31 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
The Consolidated Appropriations Act, 2021 (PL 116-260) (CFDA # 93.568)
FY 2021 LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
EXHIBIT A
BUDGET
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 3,363,282.00 LIHWAP FUNDS CURRENTLY AVAILABLE
BUDGET CATEGORY
Administration
Direct Services
BUDGET FOR AVAILABLE ALLOCATIONS
FUNDS
$ 441,599.00
$ 2,921,683.00
P1 Restoration of Services $ 1,274,000.00
P1 Water/Waste Water $ 0.00
P1 Multiple Services $ 0.00
P1 Other Water Services $ 0.00
P2 Prevention of Disconnection $ 1,274, 000.00
P2 Water/Waste Water $ 0.00
P2 Multiple Services $ 0.00
P2 Other Water Services $ 0.00
P3 Rate Reduction (Current Bill) $ 0.00
P3 Water/Waste Water $ 0.00
P3 Multiple Services $ 0.00
P3 Other Water Services $ 0.00
Outreach/Eligibility $ 373,683.00
TOTAL CEAP BUDGET $ 3,363,282.00
Page 32 of 34
General Administrative and coordination of LIHWAP, including costs and all indirect (or overhead)
cost, examples include salaries, fringe benefits, non -training travel, equipment, supplies, audit and
office space are limited to thirteen percent (13%) of the Contract expenditures. All other administrative
costs, exclusive of costs for outreach/eligibility determination, must be paid with nonfederal funds.
Program services costs including outreach/eligibility determination costs and household benefits
costs shall not exceed the maximum 86.87% of the Contract expenditures of which 12.79% is
allocated for outreach/eligibility determination costs and 74.08% is allocated for household benefits
costs. Program services cost includes direct administrative cost associated with providing the client
direct service salaries and benefits cost for staff providing program services such as
outreach/eligibility determination and household benefits, cost for supplies, equipment, travel,
postage, utilities, rental of office space. All items listed above are allowable program services cost
when associated with providing client direct services. Other program services costs may include
outreach activities and expenditures on the information technology and computerization needed for
tracking or monitoring required by LIHWAP.
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 eight (8) months of the
Contract Term. A second and final budget revision must be received by the Department no later than
forty-five (45) calendar 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 Contract termination. Subrecipient must document outreach, whether the outreach is
conducted with LIHWAP Funds or other funds.
VENDOR REFUNDS
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s)
associated to the payment(s), and if the Contract Term has expired.
If the Contract Term has not expired, Subrecipient must enter the amount into the Contract System in
the appropriate budget line item into the Adjustment column in the monthly report and make an
appropriate note in the system. This will credit back the vendor refund(s) for the Subrecipient to
expend on eligible expenses during the 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 33 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 34210003670
The Consolidated Appropriations Act, 2021 (PL 116-260) (CFDA # 93.568)
FY 2021 LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
EXHIBIT B
PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
PERFORMANCE BENCHMARKS AS REFLECTED THROUGH THE MONTHLY EXPENDITURE
AND PEFORMANCE REPORT
The original amount of funds awarded under this Contract can be found in Section 4F of the Contract.
1. By June 30, 2022, Subrecipient must demonstrate expenditure of 25% or greater of the original
amount funds awarded under this Contract;
2. By September 30, 2022, Subrecipient must demonstrate expenditure of 40% or greater of the
original amount of funds awarded under this Contract;
3. By December 31, 2022, Subrecipient must demonstrate expenditure of 60% or greater of the
original amount of funds awarded under this Contract;
4. By February 28, 2023, Subrecipient must demonstrate expenditure of 80% or greater of the original
amount of funds under this Contract;
5. Subrecipient must submit a final Monthly Expenditure and Performance Report no later than 45
days after the end of the Contract Term.
Page 34 of 34
M&C Review Page 1 of 2
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WORTH
DATE: 1/11/2022 REFERENCE NO.: M&C 22-0016 LOG NAME: 19NS LIHWAP
FUNDS
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of Low Income Household Water Assistance
Program Funds, a Federally Funded Program Sponsored by the United States
Department of Health and Human Services Designed to Provide Funds to Assist Low -
Income Households with Water and Wastewater Bills Under The Consolidated
Appropriations Act, 2021 and The American Rescue Plan Act of 2021 in an Amount Up to
$7,000,000.00 from the Texas Department of Housing and Community Affairs, Authorize
Execution of Related Contracts, Authorize a Waiver of Indirect Costs and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that City Council:
1. Authorize acceptance of Low Income Household Water Assistance Program Funds in an
amount up to $7,000,000.00 from the Texas Department of Housing and Community Affairs
under the The Consolidated Appropriations Act, 2021 and The American Rescue Plan Act of
2021;
2. Authorize the City Manager or his designee to execute related contracts, including any
renewals, amendments and extensions with the Texas Department of Housing and
Community Affairs;
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
$7,000,000.00, for the purpose of funding the Low Income Household Water Assistance
Program (LIHWAP); and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 26.09\%,
estimated total of $181,083.00.
DISCUSSION:
The Consolidated Appropriations Act, 2021 (Public Law No.:116-260) signed on December 27, 2020
included funding to assist low-income households with water and wastewater bills. Additionally,The
American Rescue Plan Act (ARPA) of 2021 (Public Law 117-2), enacted on March 11, 2021, includes
a provision under Subtitle K (Ratepayer Protection) to assist low-income households that pay a high
proportion of household income for drinking water and wastewater services by providing funds to
reduce arrearages of and rates charged to such households. This provision is being implemented as
formula grant funds under the Low -Income Household Water Assistance Program (LIHWAP) Funds.
The Texas Department of Housing and Community Affairs (TDHCA) awarded LIHWAP funds to
agencies that implement the Low -Income Home Energy Assistance Program (LIHEAP).
The Comprehensive Energy Assistance Program (a component of LIHEAP) allows for low-income Fort
Worth and Tarrant County residents to receive bill payment assistance for heating and cooling their
homes. Guidelines for the LIHWAP will be similar to those of LIHEAP. Households must meet 150\%
of the Federal Poverty Income Guidelines, be a United States citizen or registered to legally work in
the United States and have a water vendor signed up to do business with the City of Fort Worth with a
Vendor Agreement on file.
On June 10, 2021, Neighborhood Services Department (NSD) staff met with the Fort Worth Water
http://apps.cfwnet.org/council_packet/mc review.asp?1D=29568&councildate=1/11/2022 1/12/2022
M&C Review Page 2 of 2
Department and their Wholesale Customers at their annual meeting to introduce the LIHWAP and
guidelines. NSD will administer the program through its Community Action Partners program to assist
individuals and families with paying their home drinking water and wastewater bills. Applicants will
need to provide documentation of their income and utility bills. Currently, only current and past due
bills are eligible for payment. The grant funds are tentatively scheduled to expire on September 30,
2023.
Indirect costs totaling an estimated $181,083.00, calculated by taking wages & salaries designated for
this grant of approximately $694,070.53 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.
This program is available in 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 expenditures being incurred, 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 Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
19NS LIHWAP FUNDS 21001.docx (Public)
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
http://apps.cfwnet.org/council_packet/mc review.asp?1D=29568&councildate=1/11/2022 1/12/2022
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORTH
Create New From This M&C
DATE: 1/11/2022 REFERENCE NO.: M&C 22-0016 LOG NAME: 19NS LIHWAP
FUNDS
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of Low Income Household Water Assistance
Program Funds, a Federally Funded Program Sponsored by the United States
Department of Health and Human Services Designed to Provide Funds to Assist Low -
Income Households with Water and Wastewater Bills Under The Consolidated
Appropriations Act, 2021 and The American Rescue Plan Act of 2021 in an Amount Up to
$7,000,000.00 from the Texas Department of Housing and Community Affairs, Authorize
Execution of Related Contracts, Authorize a Waiver of Indirect Costs and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that City Council:
1. Authorize acceptance of Low Income Household Water Assistance Program Funds in an
amount up to $7,000,000.00 from the Texas Department of Housing and Community Affairs
under the The Consolidated Appropriations Act, 2021 and The American Rescue Plan Act of
2021;
2. Authorize the City Manager or his designee to execute related contracts, including any
renewals, amendments and extensions with the Texas Department of Housing and
Community Affairs;
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
$7,000,000.00, for the purpose of funding the Low Income Household Water Assistance
Program (LIHWAP); and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 26.09\%,
estimated total of $181,083.00.
DISCUSSION:
The Consolidated Appropriations Act, 2021 (Public Law No.:116-260) signed on December 27, 2020
included funding to assist low-income households with water and wastewater bills. Additionally,The
American Rescue Plan Act (ARPA) of 2021 (Public Law 117-2), enacted on March 11, 2021, includes
a provision under Subtitle K (Ratepayer Protection) to assist low-income households that pay a high
proportion of household income for drinking water and wastewater services by providing funds to
reduce arrearages of and rates charged to such households. This provision is being implemented as
formula grant funds under the Low -Income Household Water Assistance Program (LIHWAP) Funds.
The Texas Department of Housing and Community Affairs (TDHCA) awarded LIHWAP funds to
agencies that implement the Low -Income Home Energy Assistance Program (LIHEAP).
The Comprehensive Energy Assistance Program (a component of LIHEAP) allows for low-income Fort
Worth and Tarrant County residents to receive bill payment assistance for heating and cooling their
homes. Guidelines for the LIHWAP will be similar to those of LIHEAP. Households must meet 150\%
of the Federal Poverty Income Guidelines, be a United States citizen or registered to legally work in
the United States and have a water vendor signed up to do business with the City of Fort Worth with a
Vendor Agreement on file.
On June 10, 2021, Neighborhood Services Department (NSD) staff met with the Fort Worth Water
http://apps.cfwnet.org/council packet/mc review.asp?ID=29568&councildate=1/11/2022 1/12/2022
M&C Review Page 2 of 2
Department and their Wholesale Customers at their annual meeting to introduce the LIHWAP and
guidelines. NSD will administer the program through its Community Action Partners program to assist
individuals and families with paying their home drinking water and wastewater bills. Applicants will
need to provide documentation of their income and utility bills. Currently, only current and past due
bills are eligible for payment. The grant funds are tentatively scheduled to expire on September 30,
2023.
Indirect costs totaling an estimated $181,083.00, calculated by taking wages & salaries designated for
this grant of approximately $694,070.53 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.
This program is available in 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 expenditures being incurred, Neighborhood Services Department has the responsibility
to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project
ID ID
FROM
Fund
Program
Department Account Project Program
ID ID
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
19NS LIHWAP FUNDS 21001.docx (Public)
Activity Budget
Year
Activity
Budget
Year
Fernando Costa (6122)
Victor Turner (8187)
Sonia Singleton (5774)
Benedict George (7339)
Reference #
(Chartfield 2)
Amount
Reference # Amount
(Chartfield 2)
http://apps.cfwnet.org/council packet/mc review.asp?ID=29568&councildate=1/11/2022 1/12/2022
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2021 LIWAP PROGRAM - Amendment 1
CONTRACT NO.34210003670 CSC No. 57319
APPROVED AS TO FORM AND LEGALITY:
Jessika Williams
Assistant City Attorney
ATTEST:
Goodall Jannette
City Secretary
M&C: 22-0016
Dated: January 11, 2022
CITY OF FORT WORTH
y:
ernando Costa (signed electronically -see attached contract)
Title: Assistant City Manager
Date: March 31, 2023
F
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: April 4,2023
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration ofthis contract, including ensuring all performance and reporting requirements.
4„.44
Sonia Singleton, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX