HomeMy WebLinkAboutContract 53435-A2 N 4 CSC o.53 35-A2
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568)
This Amendment No. 2 to Comprehensive Energy Assistance Program Contract Number. 58200003147 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"Parties",
RECITALS
WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number
58200003147("Contract')on January 01,2020 and
WHEREAS,the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
SECTION 1.
The following Contract section is hereby amended as follows:
1. Section 4.F. Department Obligations,of this Contract is hereby amended to read as follows:
"Section 4. F. Department Obligations. Notwithstanding any other provision of this Contract, the total of
all payments and other obligations incurred by Department under this Contract shall not exceed the sum of
$6,747,841.00."
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2. Exhibit A. Budget And Performance Statement, of this Contract is hereby deleted and replaced in its entirety
with the attached Exhibit A.
SECTION 2.
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.
SECTION 3.
Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
SECTION 4.
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.
SECTION 5.
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.
OFFICIAL RECORD
Page 1 of CITY SECRETARY
FT.WORTH, TX
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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 forth word for word therein.
SECTION 7.
This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
SECTION 8.
This Amendment shall be effective and memorializes an effective date of April 03,2020.
WITNESS OUR.HAND EFFECTIVE: April 03,2020
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: April 30,2020 12:06 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: May 5,2020 8:25 am
OFFICIAL RECORD
Page 2 of CITY SECRETARY
FT.WORTH, TX
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
T i
2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
CONTRACT NO. 58200003147; AMENDMENT NO. 2
(CFDA 9 93.568)
APPROVED AS TO FORM AND LEGALITY:
Mal-f Murry
Matt Murray(Sep 2,202017:55 CDT)
Matt Murray
Assistant City Attorney
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Mary J. Kayser
City Secretary
M&C: 19-0343
Dated: December 3,2019
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CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)
Title: Assistant City Manager
Date: April 30, 2020
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: May 5,2020
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
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Sonia Singleton Mep2,202016:03 CDT)
Sonia Singleton, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568)
EXHIBIT A
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$6,747,841.00 CEAP FUNDS CURRENTLY AVAILABLE
$2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $487,194.00 -
Direct Services $6,258,147.00 -
TOTAL CEAP BUDGET $6,745,341.00 -
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BUDGET CATEGORY FUNDS %
Household Crisis $2,713,219.00 43.35
Utility Assistance $2,713,220.00 43.36
Program Services $831,708.00 13.29
TOTAL DIRECT SERVICES $6,258,147.00 100.00
Subrecipient's service area consists of the following Texas counties:
TARRANT
General Administrative and coordination of LEAP, including costs and all indirect (or overhead) cost, examples include
salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the
Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program
services,must be paid with nonfederal funds.
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Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative
cost associated with providing the clicnt direct service salaries and benefits cost for staff providing program services,
cost for supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable
program services cost when associated with providing client direct services. Other program services costs may include
outreach activities and expenditures on the information technology and computerization needed for tracking or
monitoring required by CEAP.
Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is
required. Approval of this budget does not constitute prior approval for such purchases.
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 Contract Term. A second
and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract
Term.
Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in
Contract termination. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or
other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the
payment(s)and if the contract remains open.
If the contract remains open, 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.
If the contract is closed, Subrecipient must return the vendor refund(s) to the Department containing the contract
number and appropriate budget line item associated to the refund(s).
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Official
City Council Agenda 0,
DATE: 12/3/2019 REFERENCE NO.: **M&C 19-0343 LOG NAME: 19NSCEAP2020
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs in an Amount Up to $7,000,000.00 for the 2020 Comprehensive Energy Assistance
Program, a Federally Funded Program Sponsored by the U.S. Department of Health and
Human Services Designed to Provide Utility Payment Assistance and Energy Conservation
Education for Low to Moderate Income Residents,Authorize Related Contracts,Adopt
Appropriation Ordinance, and Waive Indirect Costs (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount up to
$7,000,000.00 from the Texas Department of Housing and Community Affairs;
2. Authorize the execution of related contracts, including any amendments,renewals and extensions in
accordance with City policies and regulations with the Texas Department of Housing and Community
Affairs for the grant funds for the program year beginning on January 1, 2020 and ending on December 31,
2020;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Federal Fund in an amount up to $7,000,000.00, subject to receipt of the grant; and
4. Waive indirect costs in the estimated amount of$100,980.00.
DISCUSSION:
The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA)
to provide the Comprehensive Energy Assistance Program(CEAP)through the Community Action
Partners (CAP),which is managed by the City's Neighborhood Services Department. The TDHCA has
notified the City to use the prior year's grant award and contract amount as a planning figure for the 2020
CEAP. The total 2019 contract amount was $6,526,540.00. CAP staff projects an increase in funding
resulting in an estimated grant award in an amount up to $7,000,000.00 for this program in 2020. The
additional appropriation takes into account anticipated energy rate increases and the award of subsequent
grant amounts due to other grantees being unable to spend their funding. During the past five years,the
City has received an average of$5,594,249.00 per year and as much as $6,526,540.00 in one year.
The three components of the program are:
1. Household Energy Crisis -weatherization and/or energy related assistance,repair of HVAC systems
and/or purchase of window units;
2. Utility Assistance- assistance to all eligible households with priority given to household composition of
elderly and/or disabled members or a child under the age of five; and
3. Education-providing information about energy conservation measures.
All households at or below 150 percent of the Federal Poverty Income Guidelines will be afforded access
to the program. Applicant households will be determined eligible according to income guidelines and
program policies. Benefit determinations include household income,household size, energy consumption
and/or vulnerability and the availability of funds. CAP staff will accept applications at nine neighborhood
CAP facilities and at other identified locations throughout Tarrant County. Payments will be made for
eligible clients directly to the utility vendors and heating and cooling system repair companies.
TDHCA allows no more than 7.22 percent of the grant award(excluding travel and training)to be budgeted
for administrative costs and 13.29 percent for program service costs. The remaining funds will be used for
Household Energy Crisis and Utility Assistance for the duration of the contract. From January 2019 to
September 2019, CAP served 5,545 households and 13,728 individuals.
A waiver by the City of indirect costs will maximize program benefits. CEAP provides for 14 full-time
positions with estimated direct salaries of$612,000.00. The addition of indirect costs would result in the
reduction of Staff and services. The estimated indirect costs that are being asked to be waived is
$100,980.00.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that,upon approval of the above recommendations,receipt of the grant
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Operating Federal Fund.Neighborhood Services will be responsible
for the collection and deposit of funds due to the City. Prior to expenditures being incurred,Neighborhood
Services has the responsibility to validate the availability of funds.This is a reimbursement grant.
TO
Fund Department Account Project ProgramActivity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by. Fernando Costa(6122)
Originating Department Head: Sonia Singleton(5774)
Additional Information Contact: Monique Hill(5775)
ATTACHMENTS
NS CEAP2020 AO.docx
CITY SECRETARY
CONTRACT No. 53 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
(CFDA#93.568)
wp:R�� Awarding Federal Agency: United States Department of Health and Human Services
�\�,.�y�FS� TDHCA Federal Award Number: E-20BITXLWA
Award Year(Year of Award from HH5 to TDHCA): 2020
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2020 Comprehensive Energy Assistance Program (CEAP) Contract Number 58200003147 ("Contract") is made by
and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas
("Department"), and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient"), hereinafter the
"Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2020, and, unless earlier terminated, shall end on December 31, 2020
("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient shall throughout its Service Area A. operate a Comprehensive Energy Assistance Program, ("CEAP"), in
accordance with the Economic Opportunity Act of 1964 (Public Law 88-452), the Low-Income Home Energy
Assistance Act of 1981 as amended (42 U.S.C. §8621 et seq.) (Title XXVI of the Omnibus Budget Reconciliation Act
of 1981, Public Law 97-35, as amended) ("LIHEAP Act"), Chapter 2105 of the Texas Government Code ("State
Act"), Chapters 2105 and 2306 of the Texas Government Code ("State Act"), the implementing State regulations
under Title 10, Part 1, Chapter 1, Chapter 2 and Subchapters A and C of Chapter 6 of the Texas Administrative Code,
as amended or supplemented from time to time (collectively, "State Rules"), the LIHEAP State Plan, 2 CFR Part 200
(as applicable), Subrecipient's "Service Delivery Plan" in accordance with 10 TAC §6.306, the Department's guidance
related to CEAP, all applicable state and federal regulations and the terms of this Contract. Subrecipient further
agrees to comply with the certifications attached hereto as Addendums A, B C and D and incorporated herein for all
relevant purposes; the Budget attached hereto as Exhibit A and incorporated herein for all relevant purposes, the
Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA") Requirements for the CEAP attached
hereto as Addendum E and incorporated herein for all relevant purposes; the assurances, certifications, and all other
statements made by Subrecipient in its application funding under this Contract; and with all other terms, provisions,
and requirements herein set forth.
B. Subrecipient shall assist "Households" that are "Low-Income" with priority being given in no particular order to
"Elderly Persons", "Persons with Disabilities", Households with a young child 5 years of age or under, Households
with "High Energy Burden" and Households with "High Energy Consumption", as said terms are defined in 10 TAC
§6.2.
C. 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.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipienes satisfactory performance of this Contract, Department shall reimburse Subrecipient
for the actual allowable costs incurred by Subrecipient during the Contract Term for administrative expenditures and
program services costs and direct services expenditures in accordance with 10 TAC §6.308, in the amount(s) specified
in the 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 contacts between the Parties, and Subrecipient`s overall compliance with the
terms of this Contract.
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C. Department's obligations under this Contract are contingent upon the actual receipt and availability by the Department
of 2020 funds from the U.S. Department of Health and Human Services. 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 subject to reimbursement by a source other than Department;
2. is for performance of services or activities not authorized by the LiHEAP Act, State Rules, or which is not in
accordance with the terms of this Contract;
3, is not incurred during the Contract Term;
4. is not reported to Department on a monthly expenditure or performance report within forty-five (45) calendar
days following the end of the Contract Term;or
5. is incurred for the purchase or permanent improvement of real property.
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 LIIIEAP Act.
F, Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by
Department under this Contract shall not exceed the sum of $5,638,953,00,
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days. Subrecipient's request
for cash advance shall be limited to the minimum amount needed and be timed to be in accordance with the actual,
immediate cash requirements of tine 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 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 low-income population of Subrecipient's Service Area incurred
during the Contract Term. Subrecipient may incur costs for activities associated with the closeout of the CEAP
contract for a period not to exceed forty-five(45)calendar days from the end of the Contract Term.
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 in effect on the effective date of this
Contract("UGMS"). All references therein to"local government"shall be construed to mean Subrecipient,
R. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%, as detailed in the letter from the
cognizant agency.
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 'Perm, 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 IOTAC §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 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 1O TAC §1.411, 10
TA §6.304,and Chapter 2105 of the Texas Government Code.
B. TERMINATION. Pursuant to IO TAC §§2.202 and 2,203, the Department may terminate this Contract, in whole of
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.
G GENERAL. Subrecipient's failure to expend the funds provided under this Contract in a timely manner may result in
either the termination of this Contract or Subrecipient's ineligibility to receive additional funding under CEAP, or a
reduction in the original al location 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, Subrecipicut 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.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in
accordance with the provisions of Section 4 of the Contract and the regulations set forth in the LIHEAP Act and the
State Rules,subject to the limitations and exceptions set forth in this Section 8.
B. CEAP funds allow up to 7.22% of the award amount to be utilized for administrative costs. Administrative costs
incurred by Subrecipient in performing this Contract are to be based on actual programmatic expenditures and shall be
allowed up to the amount outlined in the Budget attached Hereto as Exhibit A. Eligible adminish•ative costs include
costs related to staff performance of management, accounting and reporting activities in accordance with the LIIIEAP
State Plan.
C. Administrative and program services activities funds 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.
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SECTION 9. RECORD KEEPING 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 Uniform Grant Management Standards, Chapter 111, "State Uniform Administrative
Requirements for Grants and Cooperative Agreements", Subpart C -Post Award Requirements, §_.42. Subrecipient
agrees .to comply with any changes to the UGMS record keeping requirements. For purposes of compliance
monitoring, all associated documentation must be readily available, whether stored electronically or hard copy to
demonstrate compliance with Subrecipient Performance as outlined in Section 3.
B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by
Subrecipient pertaining to this Contract, except records made confidential by law, is subject to the Texas Public
Information Act (Chapter 552 of Texas Government Code) and must provide citizens, public agencies, and other
interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the
Texas Public Information Act.
C. ACCESS TO RECORDS. Subrecipient shall give the U.S. Department of Health and Human Services, the U.S.
General Accounting Office, the Texas Comptroller, the 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;
(il) 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 ofthe 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 he disallowed. Each client file shall contain the following;
1. Client application containing all Department requirements;
2. Documentation/verification of client income for the thirty (30) days preceding 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. Energy consumption history for previous twelve (12) months (all fuel types) OR 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.);
h. 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. Case notes sufficient to document that program service activity has occurred.
F. 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 15th of each month, Subrecipient shall electronically submit to Department, a Funding
Report of all expenditures of funds and clients served under this Contract during the previous month. These reports
are due even if Subrecipient has no new activity to report during the month.
B. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department, no later than forty-five
(45) calendar days after the end of the Contract Term, an inventory of all vehicles, tools, and equipment with a unit
acquisition cost of $5,000.00 and/or a useful life of more than one year, if purchased in whole or in pact with funds
received under this Contract or previous CEAP contracts. The inventory shall include the vehicles, tools, equipment,
and appliances purchased with Energy Crisis funds on hand as of the last day of the Contract Term. Subrecipient
acknowledges that all equipment and supplies purchased with funds front the CEAP are the property of CEAP and as
such,stay with the Subrecipient that provides CEAP 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 `Perm, Department will
use the last report submitted by Subrecipient as the final report.
D. HOUSEHOLD DATA. By the 15th of each month, Subrecipient shall electronically upload data on Households
served in the previous month into the CA Performance Measures Module located in the Community Affairs Contract
System.
E. DEFAULT. If Subrecipieut 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,
dcobligate, 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 (DONS) 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 that contains
assurances relating to fair billing practices, delivery procedures, and pricing procedures for business transactions involving
CEAP clients. All vendor agreements are subject to monitoring procedures performed by TDIICA, All vendor agreements
must be renegotiated at least every two years.
SECTION 12. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the terms of this
Contract required by a change in federal or state law or regulation is automatically incorporated herein and is effective
on the date designated by such law or regulation without the requirement of a written amendment hereto. Said
changes,additions,or deletions referenced under this Section 12 may be further evidenced in a written amendment,
B, GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the
terms of this Contract shall be in writing and executed by both Parties to this Contract.
C. FACSIMILIE 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.
Page 5 of 25
SECTION 13. PROGRAM INCOME
Subrccipient 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, more specifically,
Chapter 111, "State Uniform Administrative Requirements For Grants and Cooperative Agreements", Subpart C -
Post-Award Requirements--Financial Administration,§_.25,Program Income.
SECTION 14. TECIINICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms of this Contract. Department
or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance with the terms of this
Contract. Department's monitoring may include a review of the efficiency, economy, and efficacy of Subrecipient's
performance. Department will notify Subrecipient in writing of any deficiencies noted during such monitoring,
Department may provide training and technical assistance to Subrecipient in correcting the deficiencies noted. Department
may require corrective action to remedy deficiencies noted in Subrccipient'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.
SECTION 15. INDEPENDENT SUBRECIPIENT
Subrecipient is an independent contractor.
SECTION 16. PROCUREMENT STANDARDS
A. Subrecipient shall comply with UGMS and 10 TAC §1.404, this Contract, and all applicable federal, state, and local
laws,regulations,and ordinances for making procurement transactions and purchases under this Contract.
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 LEAP grant funds, regardless of purchase price, or
upon the termination of this Contract, Department may take possession and transfer title to any such property or
equipment to the Department or to a third party or may seek reimbursement from Subrecipient of the current unit price
of the item of equipment, in Department's sole determination. Subrecipient must request permission from the
Department to transfer title or dispose of equipment purchased with CEAP grant funds.
SECTION 17. SUBCONTRACTS
A. Subrecipient may not subgrant funds under this Contract or subcontract the primary performance of this Contract,
including but not limited to expenditure and performance reporting and drawing funds through the Community Affairs
Contract System, and only may enter into properly procured subcontractual agreements for consulting and other
professional services, if Subrecipient has received Department's prior written approval. Subrecipient may subcontract
for the delivery of client assistance without obtaining Department's prior approval. Any subcontract for the delivery of
client assistance will be subject to monitoring by the Department.
B. In no event shall any provision of this Section 17, specifically the requirement that Subrecipient obtain Department's
prior written approval of a subcontractor, be construed as relieving Subrecipient of the responsibility for ensuring that
the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Contract, as
if such performances rendered were rendered by Subrecipient. Department's approval under this Section 17 does not
constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder.
Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract.
Department's approval 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 6 of 25
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 IOTAC §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. 13ONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND. If Subrecipient will enter in to a construction or facility
improvements contract with a third-party in the amount of $25,000.00 or greater, Subrecipient must execute with the
contractor a payment bond in the full amount of the contract. If the Subrecipient will enter in to contract with a prime
contractor in excess of $100,000.00, a performance bond in the full amount of the contract is also required. These
bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from
the State Insurance Department. Such assurances of completion will run to the Department as obligee and must be
documented prior to the start of construction. This bonding requirement applies to the extent required by federal or
state law.
B. INSURANCE. Subrecipient shall maintain adequate personal injury and property damage liability insurance.
Subrecipient is encouraged to obtain pollution occurrence insurance in addition to the general liability insurance.
Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety
measures, such as lead disturbances and other pollution occurrence items. Subrecipient should review existing policies
to determine if lead contamination is covered. If it is not, Subrecipient should consider securing adequate coverage
for all construction projects. Additional liability insurance costs may be paid from administrative funds. 'Elie
Departrrrent strongly recommends the Subrecipient require their contractors to carry pollution occurrence insurance to
avoid being liable for any mistakes the contractors may make, Each agency should get a legal opinion regarding the
best course to take for implementing the pollution occurrence insurance coverage.
SECTION 20. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a 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 AUTIORITY. 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 7 of 25
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the federal rules and
regulations promulgated under the LIHEAI' Act, the State Act, Chapter 2105 of the Texas Government Code, the
State Rules, LIHEAP State Plan, the certifications attached, and all federal, state, and local laws and regulations
applicable to the performance of this Contract. Subrecipient shall not violate any federal, state, or local laws, stated
herein or otherwise, nor commit any illegal activity in the performance of or associated with the performance of this
Contract. No funds under this Contract shalt 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 I3166 of August 11, 2000. `1'o 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. 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).
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,
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 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,
5ECTION 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(511%)per annum,not later than the 120th day after the date the Department notifies Subrecipient of the violation.
Page 8 of 25
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.
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 subagreements. 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 pant 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 [seeping
with the principles as provided in President's Executive Order 11246 of September 24, 1965, as amended, and its
implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY, Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of 1973(5
U.S.C. §794) and (ii) Titles 11 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.
Page 9 of 25
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 or 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. Subrecipient may decide the frequency by which it determines the eligibility of its
subcontractors. Subrecipient may rely upon a certification of a prospective 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 fi•om 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
("H-IS")at 45 CPR Part 87.2.
SECTION 30. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this
Contract. Department and HHS shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish,
or otherwise use,and to authorize others to use,the copyrighted work for government purposes.
SECTION 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. SEVERABLLITY
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,
Page 10 of 25
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 Contracfi
I. Addendum A-Certification Regarding Lobbying for Contracts,Grants,Loans,and Cooperative Agreements
2. Addendum B-Certification Regarding Drug-Free Workplace Requirements
3. Addendum C-Certification Regarding Environmental Tobacco Smoke
4. Addendum D-Certification Regarding Debarment,Suspension and Other Responsibility Matters
5. Addendum E-PRWORA Requirements
6. Exhibit A-Budget
SECTION 34. SPECIAL CONDITIONS
A. In order to achieve compliance with the LIHEAP Act, Subrecipient must coordinate with other energy related
programs. Specifically, Subrecipient must make documented referrals to the local Weatherization Assistance
Program.
B. Subrecipient shall accept applications for CEAP benefits at sites that are geographically accessible to all Households
in the Service Area. Subrecipient shall provide Elderly Persons and Persons with Disabilities who cannot
independently travel to the application site the means to submit applications for CEAP benefits without leaving their
residence or by securing transportation for them to the sites that accept such applications.
SECTION 35. APPEALS PROCESS
In compliance with the LIHEAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to
individuals whose application for assistance is denied, terminated or not acted upon in a timely manner. Subrecipient must
establish a denial of service complaint procedure in accordance with 10 TAC§6.8.
SECTION 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.
SECTION 37. FORCE MAdURE
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, 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.
Page I of25
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 shal I 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.
SECTION 42. NOTICE
A. If a notice is provided concerning this Contract,notice maybe given at the following(herein referred to as
"Notice Address"):
As to Department:
TEXAS DEPARTMENT OF I-IOU SING AND COMMUNITY AFFAIRS
P.O.Box 13941
Austin,Texas 78711-3941
Attention:Michael De Young
Telephone:(512)-475-2125
Fax:(512)-475-3935
michael.deyoung @tdIica.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Attention:Femando Costa,Assistant City Manager
Telephone:(817)392-6122 Fax:(817)392-6134 Email:fernando.costa cr 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 12 of 25
EXECUTED to be effective on,January 01,2020
SUBRE,CIPIENT;
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:36 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: January 6,2020 9:58 am
Page 13 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
CONTRACT NO. 58200003147
(CFDA#93.568)
APPROVED AS TO FORM AND LEGALITY:
Matt Murray
Assistant City Attorney
ATTEST:
Mary J. KayW
City Secretary gar-.
M&C: 19-0343
Dated: December 3,2019
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)___
Title: Assistant City Manager
Date: December 30,2019
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson(signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: January 6,2020
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.
all)41U�
Sonia Singleton,AVices
lstant Director
Neighborhood Ser
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACTNUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
(CFDA#93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of its knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of 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.
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and 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.
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, "fine
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:December 30,2019 4:36 pm
Page 14 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
(CFDA#93,568)
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988: 45 CPR Part 76,
Subpart, F., Sections 76.630(c) find (d)(2) and 76.645(a)(1) and (b) provide that a Federal agency may designate a
central receipt point for SIATE-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 Hannan 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-
(])The dangers of drag 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-
(])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 alter 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;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a),(b),(c),(d),(e)and(f).
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
Page 15 of 25
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 depaftment 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 Gove€nment, may
take action authorized under the Drug-Free Workplace Act,
SUBRECIPILNT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title:Assistant City Manager
Date:December 30,2019 4:36 pm
Page 16 of25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
(CFDA 4 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:December 30,2019 4:36 pm
Page 17 of25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
(CFDA#93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any
Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a pubic (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.
(e) Will submit to the Department information about each proceeding that occurs during this Contract Term or
during the recordkeeping period that:
1. is in connection with this award;
2. Reached its final disposition during the most resent five year period;and
3. Is one of the following:
i. A criminal proceeding that resulted in a conviction,as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,
penalty,reimbursement,restitution,or damages of$5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damage
in excess of$100,000;or
iv. Any other criminal,civil,or administrative proceeding if-
It could have led to an outcome described in this section (e) paragraph (3) items (i) - (iii) of this
award term and condition;
2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault
on your part;and
3. The requirement in this award term and condition to disclose information about the proceeding does
not conflict with applicable laws and regulations
4. For purposes of section(e)of this certification the following definitions apply:
i. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to
make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level but only in connection
with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or
inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment 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 it plea ofnolo contendere.
Page I8 of 25
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,INELIGIBILITV 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:Decernber30,2019 4:36 pm
Page 19 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACTNUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
(CFDA 4 93.568)
ADDENDUM E
PRWORA REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying for LIHEAP funds is
a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA") or
("Act"), Pub. L, 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations
Act,1997,Pub.L.104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to public benefits based on
immigration status. This includes activities that: (1) deliver in-kind services at 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
ENTITLEMENT'S(SAVE)SYSTEM
Subrecipient shall:
(I) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e.g„ alien registration number) required by the SAVE
Program;
(b) Physically examine the documentation presented by the applicant and determine whether the document(s) reasonably
appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for
verification of immigration or naturalized or derived citizenship status information, including (1) information from the
applicant's immigration or naturalization documentation for initial automated verification, (2) additional information
obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-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),
littp://www.uscis.gov/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;
(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
hitps:l/www.uscis.gov/e-verify/cmnloyers/monitoring-and-compliance or202-443-0104
Page 20 of 25
(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;
0) Comply with the requirements of the Federal Information Security Management Act (FISMA (PL-107-347), Title III,
Section 301) 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 HowToCorrectYourRecordswith
USCIS.pdf(subject to revision and reposling on the SAVE Website and Online Resources);
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable taws, regulations,
and policies, including but not limited to all OMB and DFIS privacy guidance, in conducting verification procedures
pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to the
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 arc 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
D H S - U S C I S i s p o s t e d a t
http:l/www.useis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrectYourRecordswith
USCIS.pdf,(subject to revision and reposting on the SAVE Website and Online Resources);
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the
opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their
records prior to a final decision,if necessary;and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification
requirements of Section 274A of the Immigration and Nationality Act,8 U.S.C.§1324a.
(2) Monitoring and Compliance.
(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-07-1 G,"Safeguarding Against and Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor acid review all records and documents related to
the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not Iimited 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 Exhibit B and all other SAVE-related policy, procedures, guidance and law applicable
to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this
Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use and access,
SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and
other relevant data;
Page 21 of 25
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact
persons or other personnel within the Subrecipient's organization or relevant contractors regarding any and all questions or
problems which may arise in connection with the Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE
users as necessary to ensure compliance with the terms of this Exhibit B and the SAVE Program requirements by its
authorized agents or designees;and
(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 Exhibit B,SAVE Program procedures or other applicable law,regulation or policy.
0) 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) DES-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.
(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 Division
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O.Box 13941
Austin,TX 78711-3941
Phone:(512)475-2125
Email:micbael.devoungRtdhca.statc.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: saveregistration(r�dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S.Citizenship and Immigration Services
Department of Homeland Security
Washington,DC 20529-2640
Phone: (888)464-4218
Email: save.monitoring rr,dhs.gov
Page 22 of25
(6) Certi tication.
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 will)a state or
governmental entity(such as a housing finance agency,public housing authority,unit of local government,council of
governments,county,etc.)
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
(19 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:December 30,2019 4:36 pm
Page 23 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(LEAP)
(CFDA di 93.568)
EXHIBIT A
BUDGET
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
S 5,638,953.00 CEAP FUNDS CURRENTLY AVAILABLE
$1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $407,132.00 -
Direct Services $5,230,621.00 -
TOTAL CEAP BUDGET $5,637,753,00 -
BUDGET CATEGORY FUNDS %
Household Crisis $2,267,735.00 43.35
Utility Assistance $2,267,736.00 43.36
Program Services $695,150.00 13.29
TOTAL DIRECT SERVICES $5,230,621.00 100.00
Subrecipient's service area consists of the following Texas counties:
TARRANT
General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include
salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the
Contract expenditures. All other administrative costs, exclusive of costs for program services, must be paid with
nonfederal funds.
Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative cost
associated with providing the client direct service salaries and benefits cost for staff' providing program services, cost for
supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable program services
cost when associated with providing client direct services. Other program services costs may include outreach activities
and expenditures on the information technology and computerization needed for tracking or monitoring required by CEAP.
Page 24 of25
Department's prior written approval for put-chase or lease of equipment with an acquisition cost of $5,000 and over is
required. Approval of this budget does not constitute prior approval for such purchases.
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and
final budget revision must be received by the Department no later than 45 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 CEAP funds or other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the
payment(s),and if the Contract Term has expired.
If the Contract Term has not expired, Subrecipient must enter the amount into the Contract System in the appropriate
budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This will
credit back the vendor refund(s)for the Subrecipient to expend on eligible expenses during the 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 25 of 25
CITY SECRETARY
CONTRACT NO. 5 3 4 3 5�)
ape_�2020
�N�RTN TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CI COIF stCmTARI AMENDMENT NO. 1 TO CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568)
This Amendment No. 1 to Comprehensive Energy Assistance Program Contract Number. 58200003147 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"Parties",
RECITALS
WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number
58200003147("Contract")on January 01,2020 and
WHEREAS,the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
SECTION 1.
The following Contract section is hereby amended as follows:
1. Section 4.F. Department Obligations,of this Contract is hereby amended to read as follows:
"Section 4. F. Department Obligations. Notwithstanding any other provision of this Contract, the total of
all payments and other obligations incurred by Department under this Contract shall not exceed the sum of
$6,633,427.00."
2. Exhibit A. Budget And Performance Statement, of this Contract is hereby deleted and replaced in its entirety
with the attached Exhibit A.
SECTION 2.
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.
SECTION 3.
Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
SECTION 4.
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.
SECTION 5.
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.
Page 1 of 4
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 forth word for word therein.
SECTION 7.
This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
SECTION 8.
This Amendment shall be effective and memorializes an effective date of February 27,2020.
WITNESS OUR HAND EFFECTIVE: February 27,2020
SUBRECIPIENT:
City of I+ort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: March 26,2020 7:36 am
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 26,2020 3:57 pm
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CEAP)
CONTRACT NO. 58200003147; AMENDMENT NO. 1
(CFDA#93.568)
APPROVED AS TO FORM AND LEGALITY:
tt a A P �
Assistant City Attorneys
ATTEST: ���
Mary J. Kayse �a
City Secretary A ""�
M&C: 19-0343
Dated: December 3,2019
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)
Title: Assistant City Manager
Date: March 26,2020
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson(signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: March 26,2020
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 Singleton, ss'st nt Director
Neighborhood Se vi es
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 58200003147
FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM(CFDA#93.568)
EXHIBIT A
BUDGET
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$6,633,427.00 CEAP FUNDS CURRENTLY AVAILABLE
$2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $478,933.00
Direct Services $6,151,994.00 -
TOTAL CEAP BUDGET $6,630,927.00 -
BUDGET CATEGORY FUNDS %
Household Crisis $2,667,197.00 43.36
Utility Assistance $2.,667,197.00 43.36
Program Services $817,600.00 13.29
TOTAL DIRECT SERVICES $6,151,994.00 100.00
Subrecipient's service area consists of the following Texas counties:
TARRANT
General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include
salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the
Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program
services,must be paid with nonfederal funds.
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Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative
cost associated with providing the client direct service salaries and benefits cost for staff providing program services,
cost for supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable
program services cost when associated with providing client direct services. Other program services costs may include
outreach activities and expenditures on the information technology and computerization needed for tracking or
monitoring required by LEAP.
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 Contract Term. A second
and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract
Term.
Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in
Contract termination. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or
other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the
payment(s)and if the contract remains open.
If the contract remains open, 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.
If the contract is closed, Subrecipient must return the vendor refund(s) to the Department containing the contract
number and appropriate budget line item associated to the refund(s).
Signature:
Email:
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