HomeMy WebLinkAboutContract 35039TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 587039 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
SECTION 1. PARTIES TO THE CONTRACT
This contract is made by and between the Texas nepartment of Housing
and Community Affairs (the "Department"), an agency of the State of
Texas and FORT WORTH, CITY OF, GRANT ADMIN.
(the "Subrecipient").
SECTION 2. CONTRACT PERIOD
The period for performance of this contract, unless earlier terminated,
is January 1, 2007 through December 31, 2007.
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area,
operate a Comprehensive Energy Assistance Program, (the "CEAP"), in
accordance with the terms of this contract and all applicable state and
federal regulations. Subrecipient shall assist low-income persons, with
priority being given to elderly, persons with disabilities, households
with young children under 6 years of age, households with high energy
burden and households with high energy consumption. Subrecipient sha11
provide services in relation to the current census demographics for
age, income, and ethnicity for Subrecipient's service area.
Subrecipient shall implement the CEAP in accordance with the Low-Income
Home Energy Assistance Act of 1981, as amended, 42 U.S.C. Sec. 8621 et
seq. (the "LIHEAP Act" Public Law 97-35) and the LIHEAP State Plan.
Services shall include the following categories of assistance: Energy
Crisis, Co-Payment, Elderly and Disabled, and Heating/Cooling Systems
as we11 as Assurance 16 activities, as further specified in the Budget
(Attachment A)
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 in the amount specified in
Attachment A of this contract.
B. Any decision to obligate additional funds or deobligate funds shall
be made by Department 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 of funds from the U.S. Department of Health and
Human Services and the State of Texas. 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 subject to reimbursement by a source other than
�EAP/LIHEAP;
�i-iY ��C�ET�RY
�^QIVTRAGT i�C� ,
�f�i��J��.� ,,;:���;�� �,
r: :? i'� `� r cr'' r P����
i� i`I% I�i i ��'•� �y
�� L' F,:'���:i S: � iL-��•: 11i
J Ua I.�����✓1':�I��� u'�,1;,�
(2) is for oerformance of services or activities not authorized by
the LIHEAP Act, or which is not in accordance with the terms
of this contract;
(3�)` _is not reported to Department on a Monthly
Funding/Financial/Performance Report within sixty (60) days
following the termination of the A1location Period; or,
(4) is not incurred during the A1location Period.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment by
electronically submitting to Department at its offices in Austin,
Travis County, Texas, no later than the fifteenth (15th) day of the
month prior to the month for which advance payment is sought, a
properly completed Funding Report for an amount not to exceed
Subrecipient's actual cash needs for the month for which such
advance is sought.
B. Subrecipient's requests for advances shall be limited to the amount
needed and be timed to be in accordance with actual immediate cash
requirements of the Subrecipient in carrying out the purpose of
this contract. The timing and amount of cash advances shall be as
close as administratively feasible to the actual disbursement by
the Subrecipient for direct program costs and the proportionate
share of any allowable indirect costs. Subrecipient shall establish
procedures to minimize the time elapsing between the transfer of
funds from Department to Subrecipient and the disbursement of such
funds by Subrecipient.
C. Subsection 5(A) notwithstanding, Department reserves the right to
utilize a cost reimbursement method of payment if (1) Subrecipient
maintains excessive cash balances or requests advance payments in
excess of thirty (30) days need; (2) Department identifies any
deficiency in the internal controls or financial management system
used by Subrecipient; (3) Subrecipient violates any of the terms of
this contract; (4) Department's funding sources require the use of
a cost reimbursement method of payment or (5) Subrecipient owes the
Department funds.
D. Subrecipient shall refund, within fifteen (15) days of Department's
request, any sum of money paid to Subrecipient by Department which
Department determines: (1) has resulted in an overpayment to
Subrecipient; or (2) has not been spent strictly in accordance with
terms of this contract. Failure to comply will result in freezing
contract funds and suspending the contract until such time as funds
owed the Department are paid. The Department may offset or
withhold any amounts otherwise owed to Subrecipient under this
contract against any amount owed by Subrecipient to Department
arising under this or any other contract between the parties.
E. All funds paid to Subrecipient under this contract are paid in
trust for the exclusive benefit of the eligible recipients of the
Comprehensive Energy Assistance Program and for allowable
administrative, direct services support, assurance 16 activities,
direct services, and training/travel expenditures.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
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 Uniform Grant and Contract
Management Standards 1 T.A.C.Sec.5.141 et seq. (the "Uniform Grant
Management Standards") provided, however, that all references therein
to �'local government" shall be construed to mean Subrecipient. Uniform
cost principles for local governments are set forth in OMS Circular A-
87, and for nonprofit organizations in OMB circular A-122. Uniform
administrative requirements for local governments are set forth in OMB
Circular A-102, and for non-profits in OMB Circular A-110. OMB
Circular A-133 "Audits of States, Local Governments, and Non-Profit
Organizations," sets forth audit standards for governmental
organizations and other organizations expending Federal funds. The
expenditure threshold requiring an audit under circular A-133 is
$500,000.
SECTION 7. USE OF ALCOHOLIC BEVERAGES
None of the funds provided under this contract shall be used for the
payment of salaries to any employee �ho uses alcoholic beverages during
normal work hours as defined by the agency. No funds provided under
this contract for travel expenses shall be used for the purchase of
alcoholic beverages.
SECTION 8. ALLOWABLE ADMINISTRATIVE, ASSURANCE 16 ACTIVITIES, AND
DIRECT SERVICES SUPPORT EXPENDITURES
A. Administrative, Assurance 16 Activities, and Direct Services
Support costs incurred by Subrecipient in carrying out this
contract shall be allowable up to the maximum percentage of the
total allowable contract expenditures within the Allocation Period
as specified in Attachment A of this contract, excluding travel
costs for training.
B. Administrative and Assurance 16 Activities funds are earned through
provision of direct services to clients. Subrecipient may choose to
submit a final budget revision in October to use its
administration, Assurance 16 Activities, and direct services
support dollars for direct service categories; however,
subrecipient is still required to perform Assurance 16 Activities
and Direct Service Support activities.
C. Direct Services Support expenditures are earned through provision
of direct services to clients and must be supported by appropriate
documentation of the allowable activities. Direct Service Support
includes cost not administrative in nature but those used for
outreach and targeting only to eligible household not previously
served under CEAP. Allowable expenditures include but are not
limited to salaries, fringe benefits, and travel expenditures of
staff when conducting outreach to eligible households not
previously served under LIHEAP. Expenditures are to be allocated
to both outreach and targeting. Subrecipient may opt to use LIHEAP
Direct Service Support allocation for Direct Client Services only
if they provide documentation that they have used non-LIHEAP
resources in a comparable amount to serve the requirements of
Direct Service Support. Computer purchases and any related
expenditures must be charged to Administration, not Direct Services
Support.
D. In order to achieve compliance with the LIHEAP Act, subrecipients
must coordinate with other energy related programs. Specifically,
subrecipients must make documented referrals to the local WAP
subrecipients.
E. Subrecipients shall accept applications for CEAP bene£its at sites
that are geographically accessible to all households in the service
area. Subrecipients shall provide elderly and disabled individuals
the means to submit applications for CEAP benefits without leaving
their residence or by securing transportation for them to the sites
that accept such applications.
SECTION 9. TERMINATION AND SUSPENSION
A. Dapartment 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.
Department shall notify Subrecipient in arriting at least thirty
(30) days before the date of termination.
B. Department may deobligate all or part of the funds provided under
this contract if Subrecipient has not expended at least SOo of the
funds within six months after the commencement of the Allocation
Period, or if the Subrecipient has not expended at least 70% of the
funds within nine months after commencement of the A1location
Period. Subrecipient's failure to expend the funds provided under
this contract in a timely manner may also result in either the
termination of this contract or Subrecipient's ineligibility to
receive additional funding under the Comprehensive Energy
Assistance Program, or a reduction in the original allocation of
funds to Subrecipient.
C. Nothing in this Section 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. Suspension shall be a temporary measure pending
either corrective action by Subrecipient or a decision by
Department to terminate this contracC.
D. Notwithstanding any exercise by Department of its right of
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.
E. Department shall not be liable for any costs incurred by
Subrecipient after termination or during suspension of this
contract.
SECTION 10. CHANGES AND AMENDMENTS
Any change in the terms of this contract required by a change in
federal or state law or regulation is automatically incorporated herein
effective on the date designated by such law or regulation. Except as
otherwise specifically provided herein, any other change in the terms
of this contract shall be by amendment in writing and signed by both
parties to this contract or by a Letter of Notification (LON) signed by
Department.
SECTION 11. DEPARTMENT ISSUANCES AND TEXAS ADMINISTRATIVE CODE RULES
Department may i_ssue policy directives and Texas Administrative Code
Rules which serve to establish Subrecipient eligibility or interpret
and clarify the terms of this contract. Any such policy or rule
directive sha11 be in the form of a Policy Issuance or Texas
Administrative Code Rule. An Issuance shall not alter the terms of
this contract so as to relieve Department of any obligation of
reimbursement of an allowable cost incurred by Subrecipient prior to
the effective date of the Issuance. All Issuances and Rules promulgated
by Department, whether before or after the execution of this contract,
shall govern the performance of this contract until specifically
rescinded or amended by Department.
- ----- - - — _- -
� ,� J r� . �: .S J:� �� ✓ ! ✓ `
� .
fi �a�
� �5 ' L���[
'I �( �; t�, � i� p
�II I' j��7
! U,': `'`:i 'hr1 L f' � U iK lr�: e
t__.—. �_�....� _ .
SECTION 12. MONITORING
Department or its designee may conduct on and off-site monitoring and
evalua;tion of Subrecipient's compliance with the terms of this
contract�: Department's monitoring may include a review of the
efficiency, economy, and effectiveness 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. 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 such
deficiency within a reasonable period of time. Department or its
designee may conduct an ongoing program evaluation throughout the
contract year.
SECTION 13. VENDOR AGREEMENTS
For each of Subrecipient's vendors, subrecipient sha11 implement and
maintain a vendor agreement that contains assurances relating to fair
billing practices, delivery procedures, and pricing procedures for
business transactions involving CEAP recipients. All vendor agreements
are subject to monitoring procedures per�ormed by TDHCA. All vendor
agreements must be renegotiated every two years.
SECTION 14. RETENTION AND ACCESSIBILITY OF RECORDS AND FILE
MAINTENANCE
A. Subrecipient shall maintain financial and programmatic records, and
supporting documentation for a11 expenditures made under this
contract, in accordance with the records retention and custodial
requirements set forth in the Uniform Grant Management Standards,
Common Rule Sec. 42.
B. Subrecipient sha11 maintain a client file system to document direct
services rendered. Each client file shall contain the following:
1. Client application containing all Department requirements;
2. Documentation/verification of client income for the 30 days
preceding their application for all household members 18 years
and older, or Declaration of Income Statement (if applicable);
as outlined in Title l0, Part I, Chapter 6, Subchapter C, 10
TAC Sec. 5.205.
3. Copy of client's utility bill(s);
4. Energy consumption history for previous 12 months (when
available) (all fuel types) for all components;
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 (when required by
component);
7. Notice of Denial Form (if applicable);
e. Right of appeal and procedures (if applicable) for denial or
termination of services;
9. Any documentation required by Policy Issuances; and
l0. Client service agreement (as required by component).
11. Case notes sufficient to document that assurance 16 activities
have occurred (when required by component); minimum
documentation for assurance 16 activities expenditures are
contained in CEAP Issuance and will be provided by the
issuance system.
12. Priority rating form.
13.- Appliance assessment information is required by CEAP Issuance
`�and will be provided by the issuance system.
C. Subrecipient sha11 maintain complete client files at all times.
Costs associated with incomplete files found at the time of program
monitoring may be disallowed.
D. Subrecipient sha11 give the U.S. Department of Health and Human
Services, the U.S. General Accounting 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 maintain such records for three (3) years in
an accessible location and to cooperate with any examination
conducted pursuant to this Subsection. Subrecipient shall include
the substance of this Subsection in all subcontracts. Upon
termination of this contract, all records are property of the CEAP.
SECTION 15. PROCUREMENT STANDARDS
A. Subrecipient shall develop and implement procurement procedures
which conform to the uniform administrative requirements in Section
6. Subrecipient shall procure supplies, equipment, materials, or
services in accordance with its procurement procedures and Policy
Issuance #02-10.2. Al1 procurement contracts, other than "small
purchases" as defined in Policy Issuance #02-10.2, shall be in
writing and shall contain the provisions required by Policy
Issuance #02-10.2.
B. Subrecipient shall ensure that its subcontractors comply with all
applicable terms of this contract as if the performance rendered by
the subcontractor was being rendered by Subrecipient. Subrecipient
shall inspect all subcontractors' work and sha11 be responsible for
ensuring that it is completed in a good and workmanlike manner.
C. Materials and supplies procured by the state may be purchased by
Subrecipients from state contracts without requiring additional
solicitation. Procurement from state vendors is strongly encouraged
and in some instances may be required.
D. 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 16. REPORTING REQUIREMENTS
A. Subrecipient sha11 electronically submit to Department, no later
than fifteen (15) days after the end of each month of the
Allocation Period, a Funding Report of all expenditure of funds and
clients served under this contract during the previous month.
B. Subrecipient shall submit to Department, no later than sixty (60)
days after the end of the Allocation Period, an inventory of all
vehicles, tools, and equipment with a unit acquisition cost of
$5,000 or more and a useful life of more than one,year, if
purchased in whole or in part with funds received under this
contract or previous Comprehensive Energy Assistance Program
contracts. The inventory shall include the vehicles, tools,
equipment, and appliances purchased with heating and cooling funds
on hand as of the last day of the Allocation Period. Subrecipient
acknowledges that all equipment and supplies purchased with funds
from the CEAP are the property of CEAP and as such, stay with the
subrecipient which provides CEAP services in the service area.
C. Subr�cipient shall electronically submit to Department, no later
than si�ty (60) days after the end of the Allocation Period, a
final Funding Report of all expenditures of funds and clients
served under this contract. Failure of Subrecipient to provide a
fu11 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 60 days of the end of the
allocation period, Department will use the last report submitted by
Subrecipient as the final report.
D. If Subrecipient fails to submit, in a timely and satisfactory
manner, any report or response required by this contract,
Department may withhold any or all payments otherwise due or
requested by Subrecipient hereunder. Payments may be withheld
until such time as the delinquent report or response is received by
Department. If the delinquent report or response is not received
within forty-five (45) days of its due date, Department may suspend
or terminate this contract. If Subrecipient receives funds from
Department over two or more Allocation Periods, funds may be
withheld or this contract suspended or terminated for
Subrecipient's failure to submit a past due report or response
(including an audit report) from a prior contract or Allocation
Period.
SECTION 17. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an
independent subrecipient. Subrecipient agrees to indemnify Department
against any disallowed costs or other claims which may be asserted by
any third party in connection with the services to be performed under
this contract.
SECTION 18. SUSCONTRACTS
A. Subrecipient may not subcontract the performance of this contract
unless it receives Department's prior written approval.
Subrecipient shall submit to Department a signed copy of each such
subcontract. Department is in no way liable to Subrecipient's
subcontractor(s).
B. Subcontractors shall comply with the terms of this contract to the
same extent as if the performance rendered by the subcontractor
were being rendered by Subrecipient. Subcontractors are subject to
monitoring and investigation by Department.
SECTION 19. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient covenants that neither it nor any member of its
governing body presently has or sha11 acquire any interest, direct
or indirect, which would conflict in any manner with the
performance of this contract. No person having such interest shall
be employed by Subrecipient or appointed as a member of
Subrecipient's governing body.
B. Subrecipient agrees that it wi11 comply with Tex. Gov't. Code Ann.
Ch. 573 by ensuring that no officer, employee, or member of the
governing body of Subrecipient shall vote or confirm the employment
of any person related within the second degree by affinity or third
degree by consanguinity to any member of the government body or to
any other officer or employee authorized to employ or supervise
such person.
C. Subrecipient shall ensure that no employee, officer, or agent of
Subrecipient participates in the selection, award, or
administration of a subcontract supported by funds provided
hereunder if a conflict of interest, real or apparent, would be
involved. Such a conflict of interest would arise when: (1) the
employee, officer, or agent; (2) any member of his or her immediate
family; (3) his or her partner; or (4) any organization which
employs or is about to employ, any of the above, has a financial or
other interest in the firm or person selected to perform the
subcontract.
D. Subrecipient's employees, officers, and agents shall neither
solicit nor accept gratuities, favors, or anything of monetary
value from subcontractors or potential subcontractors.
SECTION 20. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall, on the grounds of race, color, religion, sex, national
origin, age, handicap, political affiliation, or belief, 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.
SECTION 21. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the practical ability and
legal authority to enter into this contract, receive and manage the
funds authorized by this contract, and to perform the services
Subrecipient has obligated itself to perform hereunder.
B. The person signing this contract on behalf of Subrecipient hereby
warrants that he/she has been duly authorized by Subrecipient to
execute this contract on behalf of Subrecipient and to bind
Subrecipient to the terms herein set forth.
C. 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, to enter into
this contract or to render performances hereunder. Should such
suspension or termination occur, subrecipient is liable to
Department for any money it has received for performance of the
provisions of this contract.
SECTION 22. DEPARTMENT/CEAP TRAINING TRAVEL
A. In order to encourage attendance by CEAP staff at Department-
approved training and/or technical assistance events, the
Department has added a travel fund to the contract budget. The
travel budget cannot be used as program dollars,
B. The travel funds are to be used only for Department-approved
training events. Subrecipient shall adhere to either its own
board-approved travel policy or the State of Texas travel policies.
(Reference Policy Issuance #95-16.3).
C. From time to time, the Department may choose to add additional
funds to this category for other required travel.
SECTION 23. AUDIT
A. Subrecipient shall arrange for the performance of an annual
financial and compliance audit of funds received and performances
rendered under this contract, subject to the following conditions
and limitations:
1:; ,Subrecipients expending $500,000 or more in total Federal
� awards sha11 have an audit performed in accordance with the
Single Audit Act Amendments of 1996, 31 U.S.C. 7501, and OMB
Circular No. A-133, "Audits of States, Local Governments, and
Non-Profit Organizations" issued June 30, 1997. For purposes
of Section 23, "Federal financial assistance" means assistance
provided by a Federal agency in the fonn of grants, contracts,
loans, loan guarantees, property, cooperative agreements,
interest subsidies, insurance or direct appropriations, or
other assistance, but does not include amounts received as
reimbursement for services rendered to individuals in
accordance with OMB guidelines. The term includes awards of
Federal financial assistance received directly from Federal
agencies, or indirectly through other units of State and local
government;
2. Sections 4 D(3) and (4) above notwithstanding, Subrecipient
may utilize funds budgeted under this contract to pay for that
portion of the cost of such audit services properly allocable
to the activities funded by Department under this contract,
provided, however, that Department shall not make payment for
the cost of such audit services until Department has received a
satisfactory audit report from Subrecipient, as determined by
Department.
3. Subrecipient shall submit two (2). copies of such audit report
to the Department within the earlier of thirty (30) days after
receipt of the auditor's report(s), or nine (9) months after
the end of the audit period. Subrecipient shall make audit
report available for public inspection within thirty (30) days
after receipt of the audit report(s). Audits performed under
this Section are subject to review and resolution by Department
or its authorized representative.
4. The audit report must include verification of all expenditures
by budget category, including matching funds, in accordance
with "Attachment A-Budget" of this contract.
B. The cost of auditing services for a Subrecipient expending less
than $500,000 in total Federal awards per fiscal year is not an
allowable charge under Federal awards.
C. Subsection A of this Section 23 notwithstanding, Department
reserves the right to conduct an annual financial and compliance
audit of funds received and performance rendered under this
contract. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and
obtain any documents, materials, or information necessary to
facilitate such audit.
D. Subrecipient understands and agrees that it shall be liable to the
Department for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to
Department of such disallowed costs shall be paid by Subrecipient
from funds which were not provided or otherwise made available to
Subrecipient under this contract.
E. Subrecipient shall take such action to facilitate the performance
of such audit or audits conducted pursuant to this Section 23 as
Department may require of Subrecipient.
— ,`,12 c ^ ' f ^ �j'^', ( ^I
��:r'r�'�'��1..''�.� �:i��,���:D
l=� ''' � G S'�'� �i� �
��Jl�'�y r��1���Lt,.�`il�,
� �L
� ��o ':'u��i:i di�ll � U L:1?�V _
F. Subrecipient shall procure audit services through an open,
competitive process at least once every four years. The auditor
sha11 retain working papers and reports for a minimum of the four
yzars after the date of issuance of the auditor's report to the
Subrecipient. Audit working papers shall be made available upon
request to Department at the completion of the audit, as part of a
quality reviecv, to resolve audit findings, or to carry out
oversight responsibilities consistent with the purposes of this
Section. Access to working papers includes the right to obtain
copies of working papers, as is reasonable and necessary.
SECTION 24. APPEALS PROCESS
In compliance with the LIHEAP Act, Subrecipient must provide an
opportunity for a fair administrative hearing to individuals whose
application for assistance is denied, terminated or not acted upon in a
timely manner, according to the Title l0, Part I, Chapter 6, Subchapter
C, 10 TAC Sec. 5.205.
SECTION 25. 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 official or employee of Subrecipient 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. Any action taken against
an employee or official for supplying such information shall
subject the person initiating the action to immediate dismissal
from employment.
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 of Subrecipient, the State of Texas, or the government
of the United States.
C. None of the funds provided under this contract shall be paid to any
official or employee who violates any of the provisions of this
section.
SECTION 26. 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, recipients, 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 Comprehensive Energy Assistance Program.
Subrecipient shall immediately notify Department of any discovery
of waste, fraud, or abuse. Subrecipient shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste,
fraud, and abuse in the Comprehensive Energy Assistance Program.
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.
SECTIOP[`27. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this contract may not be
substituted for funds or resources from any other source nor in any vray
serve to reduce the funds or resources which would have been available
to, or provided through, Subrecipient had this contract never been
executed.
SECTION 28, 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 29. SEVERABILITY
If any portion of this contract is held to be invalid by a court or
administrative tribunal of competent jurisdiction, the remainder shall
remain valid and binding.
SECTION 30. PRIOR ORAL AND WRITTEN AGREEMENTS
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 document and attachments.
SECTION 31. DEBARRED AND SUSPENDED PARTIES
1. Subrecipient must not make any award (subgrant or contract) to any
party which is debarred or suspended or is otherwise excluded from,
or ineligible for participation in, Federal assistance programs
under Executive Order 12549, "Debarment and Suspension 45 C.F.R.
Part 76" (also, 48 C.F.R. Part 9).
2. Subrecipient certifies 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.
3. Where Subrecipient is unable to certify to any of the statements in
this certification, such prospective participant shall attach an
explariation to this contract.
4. Subrecipient shall include in any subcontracts that failure to
adequately perform under this Contract may result in penalties up
to and including Debarment from performing additional work for the
Department.
SECTION 32. ENVIRONMENTAL TOBACCO SMOKE/PRO-CHILDREN ACT OF 1994
Subrecipient agrees that if it or any of its subgrantees provides
children's services funded directly or indirectly with Federal dollars,
it will comply with 20 U.S.C. 6081 et seq. Part B, Pro-Children Act of
1994, concerning prohibition of smoking in certain indoor facilities
providing services to children. Failure to comply with the provisions
of this 1aw may result in the imposition of a civil monetary penalty of
up to $1,000.00 per day.
SECTION 33. ATTACHMENTS
The attachments identified below are hereby made a part of this
contr,�Gt :
(1) Attachment A, Sudget
SIGNED: 01-11-2007
BY: RICHARD ZAVALA
FORT WORTH, CITY OF, GRANT ADMIN., Executive Director
BY: Michael Gerber
Michael Gerber, Executive Director
This contract is not effective unless signed by the Executive Director
of the Department or authorized designee.
TEXAS DEPARTMENT OF HOUSING AD]D COMMLTNITY AFFAIRS
CONTRACT NUNIBER: 587039 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGF2AM (CEAP)
(CFDA# 93.568)
AMENDMENT NLTMBER: 0
SECTION 1.
This contract (hereinafter "Contract") is made by and between the Texas
Department of Housing and Community Affairs, an agency of the State of Texas
(hereinafter the "Department") and FORT WORTH, CITY OF, GRANT ADMIN.
(hereinafter the "Subrecipient").
SECTION 2.
The period for performance of this contract, unless earlier terminated, is
January 1, 2007 through December 31, 2007 (hereinafter the "Contract Term").
SECTION 3.
The Contract is amended by:
SECTION 4. AGREEMENT
The parties hereto agree that all other terms of the Contract shall remain in
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 tlie event any
conflict in terms exists, this amendment shall control, unless it can not be
read consistently with the entirety of the contract or is made void by
operation of law. Each capitalized term not expressly defined herein shall
have the meaning given to such term in the Contract.
SECTION 5.
This amendment shall be effective on the date of execution.
SECTION 6.
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 worth word for word
therein. This amendment shall be binding upon the parties hereto and their
respective successors and assigns.
AGREED TO AND EXECUTED BY:
FORT WORTH, CITY OF, GRANT ADMIN.
BY: RICHARD ZAVALA
FORT WORTH, CITY OF, GRANT ADMIN. , Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
BY: Michael Gerber
Michael Gerber, Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT DITJMBER: 587039 FOR THE
- COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA# 93.568)
ATTACHMEDiT A- BUDGET AND PERFORMANCE DOCUMENT
DEPARTMENT FINANCIAL OBLIGATIONS
$1,614,372.00 CEAP FUNDS CURRENTLY AVAILABLE
$1,170.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CTJRRENTLY AVAILABLE
$1,614,372.00 TOTAL ANTICIPATBD CEAP FUNDS
$1,170.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FTJNDS
SUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS a
---------------------------- ---------------- ------
Administration $111,902.00
Case Management $95,699.00
Direct Services $1,406,771.00
---------------------------- ---------------- ------
TOTAL BUDGET $1,614,372.00
---------------------------- ---------------- ------
Energy Crisis $337,625.00 24.00
Co-Payment $337,625.00 24.00
Elderly and Disabled $337,625.00 24.00
Heating and Cooling Systems $323,557.00 23.00
Direct Services Support $70,339.00 5.00
---------------------------- ---------------- ------
TOTAL DIRECT SERVICES $1,406,771.00 100
Subrecipient's service area consists of the following Texas counties:
Tarrant County
Administrative costs, salaries, fringe benefits, non-training travel,
equipment, supplies, audit and office space are limited to 6.00% of the
contract expenditures, excluding Training Travel costs.
Assurance 16 Activities are limited to 6.00o of the contract expenditures
excluding Training Travel costs. Direct Services Support costs are
limited to S.00o of total Direct Services expenditures.
Subrecipient may adjust dollar amounts within the following components
at levels not to exceed 10% of said components: Energy Crisis,
Elderly/Disabled, Heating/Cooling Systems (must be a minimum l0% of
Direct Service Dollars expended). Co-Payment Percentage will be
established by Subrecipient. Direct Services Support (may not exceed Sa
of Direct Services dollars expended).
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.
Funds may not be used for the purchase or improvement of land, or the
purchase, construction, or permanent improvement of any building or
facility.
Subrecipient is limited to only one budget revision request during the
first 6 months of the Allocation Period. A second and final budget
revision must be received by the Department on or before October 31,
2007: ' -
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 "Direct Service Support" funds or other funds.
Effective Date of Budget: O1/O1/2007
SECTION 32. ENVIRONMENTAL TOBACCO SMOKE/PRO-CHILDREN ACT OF 1994
Subrecipient agrees that if it or any of its subgrantees provides children's seivices funded directly or
ind'u�ectly with Federal dollars, it will comply with 20 U.S.C. 6081 et seq. Part B, Pro-Children Act of
1994, conceining prohibition of smoking in certain indoor facilities pr•oviding services to children. Failure
to comply with the provisions of this law may result in the imposition of a civil monetaiy penalty of up to
$1,000.00 per day.
EFFECTIVE DATE: 01-01-2007
�L�# �� i�
SIGNED this _ �__� day of� ` 4� 1 'i , 2007
APPROVED AS TO FORM AND LEGALITY:
.�
Benita Harper
Assistant City Attorney
CITY OF
:
WORTH
Libby Watson U
Assistant City Manager
/ �
�, j ` ,
Mart� Hendrix
City ecretary
M&C G21811
This contract is not enforceable against Department unless signed by its Executive Director or her designee.
'-';;2.2 �,, , � � - - ,r �„
`� U
,���1��,�:-:1 ������:"��;�::
�V J U �� ! � � I� L�5 '�',.''�;,'�d�� �J;
�U ^�i�'J1'�I fll s\,
� � :�� � �u�� a
City of Fort Worth, Texas
����� a�a�! Co�nci� Cor����i����+��
COUNCIL ACT10N: Approved on '10/31/2006 - Ordinance No. 17254-10-2006
DATE: Tuesday, October 31, 2006
LOG NAME: 80CEAP07
REFERENCE NO.: **C-21811
SUBJECT:
Authorize Acceptance of a Grant and Execution of a Contract with the Texas Department of Housing
and Community Affairs for the Fiscal Year 2007 Comprehensive Energy Assistance Program
through December 31, 2007, Authorize Interfund Loan, Apply Indirect Costs and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept a grant and execute a contract with the Texas Department of
Housing and Community Affairs (TDHCA) in an amount not to exceed $3,000,000 for the Fiscal Year 2007
Comprehensive Emergency Assistance Program (CEAP);
2. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the
amount of $320,000.00 for interim financing of this grant project pending confract execution;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $3,000,000; and
4. Apply indirect costs at the rate of 19.18 percent, which is the most recently approved rate for this
department, and apply the new, approved rate when available.
DISCUSSION:
The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs to provide
the CEAR through Community Action Partners (CAP). For the past several years, TDHCA has notified the
City to use the prior year's contract amount as a planning figure for the CEAP pending execution of the
contract. The total 2006 contract amount was $2,586,838. In response to the increased energy rates, CAP
staff estimates to receive an increase in funding and expend approximately $3,000,000 for this program in
2007.
The CEAP contract for 2007 has six components:
1. Energy Crisis - weather and/or energy related assistance;
2. Elderly/Disabled Assistance - assistance to households with a composition of elderly and/or disabled
members;
3. Co-Payment Assistance - assistance to households targeted for energy self-sufficiency;
4. Heating and Cooling Systems - repair/replacement of inefficient or inoperable appliances;
5. Direct Service Support - assistance to new customers and program outreach; and
6. Case Management - promoting self-sufficiency.
Logname: 80CEAP07 Page 1 of 2
All households at or below 125 percent of the Federal Poverty Income Guidelines will be afforded access to
the program. Applicant households will be determined eligible according to income guidelines and program
procedures. Benefit determinations include household income, size, energy consumption and/or
vulnerability and the availability of funds. CAP staff will accept applications at nine City-operated
Comrx�unity Action Partners facilities and at other identified locations throughout Tarrant County. Payments
will be `made for eligible clients directly to the utility vendors and heating and cooling systems repair
companies. The administrative cost for FY2007 are currently restricted to a rate of five percent, Case
Management to a rate of six percent and Direct Services Support to a rate of five percent. The remaining
funds wiil be used for Energy Crisis, Elderly/Disabled and Co-Payment Assistance, and Heating and
Cooling Systems repair or replacement for the duration of the contract.
Interim financing is requested in order to provide for a smooth transition from one grant funding program to
the next.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director 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, of
the Grants Fund. Upon execution of the grant contract, the interim interfund loan will be reimbursed to the
General Fund.
TO Fund/Account/Centers
GR76 220001 000200148000
GR76 488195 080200148000
GR76 VARIOUS 080200148010
$320,000.00
$3,000,000.00
$3,000,000.00
Submitted for City Manager's OfFice b�
Originating Department Head:
Additiorial Information Contact:
FROM Fund/Account/Centers
GG01 136076 0000000 $320,000.00
Libby Watson (6183)
Melody Mitchell (Acting) (5704)
Leona T. Johnson (5775)
Logname: 80CEAP07 Page 2 of 2