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'TE!{AS DCPAR'CNIGNT OT HOUSING AND COMMUNITY ArFAIRS
CONTRACT NO. 58120001680 FOR THE
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
S�CTION 1. PARTIES TO THE CONTRACT
This Comprehensive Energy Assistance Program Contract No. 58120001680 (the "Contract") is made by and between the Texas
Department of Housing and Community Affairs, a public and official agency of the State of Texas (the "Department"), and City ot
i'ort Worth, a political subdivision (the "Subrecipient"), hereinafter the "PaRies".
SGCI'ION 2. CONTRACT PERIOD
The period for performance of this Contract, unless earlier tenninated, is April Ol, 2013 through July 31, 2013 (hereinafter the
"Contract Term").
SCCTION 3. SUBRECIPIGNI' P�RTORMANCE
Subrecipient shall, on an equitable basis throughout its service area, operate a Comprehensive Energy Assistance Program,
(hereinafter the "CEAP"), in accordance with the Economic Opportunity Act of 1964 (Public La�v 88-452), the Low-[ncome Home
Energy Assistance Act of 1981 as amended (42 U.S.C. Sec. 8621 et seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of
1981, Public Law 97-35, as amended) (hereinafter the "LIHEAP Act"), Chapter 2306 of the Texas Government Code (hereinafter
the "State Act"), the implementing State regulations under Title 10, Part 1, Chapter 5, Subchapters A and D of the Texas
Administrative Code, as amended or supplemented from time to time (hereina8er the "State Rules"), the LIHEAP State Plan,
Subrecipient's Service Delivery Plan as de6ned in the State Rules, the DepartmenPs guidance related to CEAP, all applicable state
and federal regulations and the terms of this Contract. Subrecipient shall assist low-income households with priority being given in
no particular order to eldedy, persons �vith disabilities, households with a young child 5 years of age or under, households �vith high
energy burden and households with high energy consumption. Subrecipient shall implement the CEAP in accordance with the
Certifications attached hereto as Exhibit A, the Budget attached hereto as Exhibit B, the Personal Responsibility and Work
Opportunity Act of 1996 ("PRWORA") Requirements for the CEAP attached hereto as Exhibit C, the Documentation of Disability
requirements attached hereto as Exhibit D, and all such Exhibits incorporated herein for all relevant purposes; the assurances,
certifications, and all other statements made by Subrecipient in its application fimding wider this Contract; and with all other terms;
provisions, and requirements herein set forth.
SGCTION 4. D�PARTNIGNT OBLIGATIONS
A. In consideration of Subrecipient's satisfactory perfonnance of this Contract, Department shall reimburse Subrecipient for the
actual allowlble costs for administrative expenditures and Assurance 16 activities as defined herein incurred by Subrecipient
during the Contract Tenn in the amount speci6ed in Exhibit B, Budget, of this Contract.
B. Any decision to obligate additional funds or deobligate funds shall be made in �vriting by Department in its sole discretion
based upon factors including, but not limited to, the status of funding under grants to Department, the rate of Subrecipient's
utilization of funds under this or previous contracts, the existence of questioned or disallowed costs under this or other
contracts between the Parties, and Subrecipient's overa(1 compliance with the tenns of this Contract.
C. Deparhnent's obligations under this Contract are contingent upon the actual receipt of funds from the U.S. Department of
Health and Human Services. If sufficient fwids are not available to make payments under this Contract, Department shall
notify Subrecipient in writing �vithin a reasonable time after such fact is determined. Department shall then tenninate 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 �vhich, 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 auth ' th�-�I�C�4P�-�cr—or' which is not in accordance with the
tenns of this Contract;
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3. is not incurred during the Contract Term; ��Ty SECRETARY� ��, � Y 1,�� �U AI
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4. is not reported to Department on a monthly expenditure or perfonnance report within forty five (45) days following the
end of the Contract Term; or
5. is incurred for the purchase or pennanent improvement of real property.
E. Subrecipient shall refund, within �fteen (15) days of the Department's request, any sum of money paid to Subrecipient which
Department determines has residted in an overpayment or has not been spent in accordance with the tenns of this Contract.
F. Nohvithstanding airy other provision of this Contract, the total of al) payments and other obligations incurred by Department
under this Contract shall not exceed the sum of
$2,069,424.00.
SECTION 5. M�THOD Or PAYMENT/CASH BALANCES
A. �ach month, Subrecipient may request �n advance payment of CEAP funds under this Contract. As per the Unifonn Grant
Management Standards, 34 T.A.C. §20.421 et seq (herein "UGMS"), SubrecipienYs requests for advances shall be limited to
the amount needed and be timed to be in accordance with actual i�mnediate cash requirements of the Subrecipient in carrying
out the purpose of this Contract.
B. Subrecipient shall establish procedures to minimize the time elapsing between the disbursement of funds from Department to
Subrecipient and the expendihire of such funds by Subrecipient.
C. Subrecipient must request an advance payment by submitting a properly completed monthly expenditure report to the
Department through the electronic reporting system no later than the fifteenth (15th) day of the month prior to the tnonth for
which advance payment is sought.
D. Subsection 4(A) nohvithstanding, Department reserves the right to utilize a modi�ed cost reimbursement method of payment,
whereby reimbursement of costs inctirred by a Subrecipient is made only after the Department has revie�ved and approved
backup documentation provided by the Subrecipient to support such costs for all funds if (1) Subrecipient maintains excessive
cash balances or requests advance payments in excess of thirty (30) days need; (2) Department identifies any deficiency in the
internal controls or 6nancial management system used by Subrecipient; (3) Subrecipient violates any of the terms of this
Contract; (4) Department's funding sources require the use of a wst reimbursement method of payment or (5) Subrecipient
owes the Department funds.
E. Department may offset or withhold any amounts othenvise owed to Subrecipient under this Contract against any amount owed
by Subrecipient to Department arising under this Contract.
F. AIl funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible clients of the CEAP
and for allowable direct services and for allowable administrative expenditures and Assurance 16 activities de6ned below
incurred during the Contract Tenn, including but not limited to trainin�travel expenditures and services that encourage and
enable households to reduce their home energy needs and thereby the need for energy assistance (hereafter "Assurance 16
activities") as defined in the LIHEAP Act
S�CT[ON 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMCNTS
A. Except as expressly modified by law or the tenns of this Contract, Subrecipient shall compiy �vith the cost principles and
uniform administrative requirements set forth in the UGMS. All references therein to "Iocal government" shall be construed to
mean Subrecipient.
B. Unifonn cost principles for politica( subdivisions are set forth in OMB Circular A-87 as implemented by 2 C.['.R. Part 225.
Unifonn administrative requirements for politicall subdivisions are set forth in OMB Circular A-102. OMB Circular A-133
"Audits of States, Local Govenunents, and Non-Profit Organizations," sets forth audit standards for governmental
organizations and odier organizations expending Federal funds. The expenditure threshold requiring an audit under Circidar
A-133 is $500,000.
C. Nobvithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for costs incurred or
perfonnances rendered for activities specified in the LIHEAP Act.
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D. Subrecipient may incur costs for activities associated with the closeout of the CEAP Contract for a period not to exceed
forty-five (45) days from the end of the Contract Tenn defined in Section 2 of this Contract.
SCCTION 7. TERMINATION AND SUSP�NSION
A. Pursuant to §5.t7 of the State Rules, Department may tenninate this Contract, in whole or in part, at any time Department
detennines that there is cause for termination. Cause for termination includes, but is not limited to, Subrecipient's failure to
comply with any tenn of this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of
the Contrack If the Department determines that a Subrecipient has failed to comply with the tenns of the Contract, or has failed
to provide services that meet appropriate standards, goals, or other requirements established by the Department, Deparhnent
will notify Subrecipient of the de6ciencies to be corrected and require the de6ciencies be corrected prior to implementing
tennination.
B. Subrecipient's failure to expend the fimds provided under this Contract in a timely manner may result in either the tennination
of this Contract or Subrecipient's ineligibility to receive additional fwtding under CEAP, or a reduction in the original
allocation of funds to Subrecipient.
C. Nothing in this Section shall be construed to limit DepartmenPs authority to withhold payment and immediately suspend this
Contract if Department identi6es possible instances of fraud, abuse, waste, 6scal mismanagement, or other deficiencies in
Subrecipient's performance including but not limited to, Subreceipient's failure to correct any moniroring findings on this o�
any state contract or on a single audit review. Suspension shall be a temporary measure pending either corrective action by
Subrecipient or a decision by Deparhnent to tenninate this Contract.
D. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any
liability to Department for damages by virtue of any breach of this contract by Subrecipient. Department may withhold any
payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is othenvise
determined in writing between Parties.
E. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this
Contract.
SCC'TION 8. ALLOWABL� �XPENDITURES
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 and the regidations set forth in the LIHEAP Act and the State Rules, subject to the limitations and
exceptions set forth in this Section.
B. CEAP funds may be used for administrative activities and Assurance 16 activities during the Contract Term as well as other
allowable expenditures under this Contract such as direct services until the end of the Contract Term, and include the
follo�ving:
Conducting Assurance 16 activities, to include needs assessment, referrals, budget counseling, energy conservation
education and assistance �vith energy vendors;
2. Providing assistance to low income households in meeting their home energy costs;
3. Intervening in energy crisis situations; or
4. Depadment-approved travel and training.
C. CEAP funds allow up to 6% of the award amount to be utilized for administrative costs. Administrative costs incurred by
Subrecipient in perfonning this Contract are to be based on actual programmatic expenditures and shall be allowed up to the
amount outlined in Exhibit B of this Contract. Eligible administrative costs include costs related to staff performance of
management, accounting and reporting activities.
D. Administrative and Assurance l6 Activities funds as de6ned under and in accordance with the State Rules are earned through
provision of direct services to clients. Subrecipient may choose to submit a final budget revision no later than forty five (45)
days prior to the end of the Contract Tenn to use its administration and Assurance 16 activities funds for direct service
categories; however, Subrecipient is still required to perform Assurance 16 activities.
Page 3 of 18
�. Subrecipient shall provide direct services to clients within sisty (60) days of receipt of funds under this Contract pursuant to
§5.406(b) of the State Rules.
S�CTION 9. RECORD IC��PING RGQUIRCMENTS
A. Subrecipient shail maintain fiscal and programmatic records and supporting documentation for all expenditures of fimds made
under this Contract in accordance with the UGMS, Section III, Common Rule: State Unifonn Administrative Requirements for
Grants and Cooperative Agreements, Subpart C-Post Award Requirements, _.42.
B. Open Records. Subrecipient acknowledges that all infonnation collected, assembled, or maintained by Subrecipient periaining
to this Contract is subject ro 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 lccordance with the Texas Public Information Act.
C. Subrecipient shall give the U.S. Department of Health and Hwnan Services, the U.S. General Accounting Office, the 'I'exas
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 maintain such records in an accessible
location for the greater oi (i) four (4) years; (ii) if notified by the Department in writing, the date that the final audit is
accepted with all audit issues resolved to the DepartmenPs satisfaction; (iii) if any litigation claim, negotiation, inspection, oc
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; (iv) a date consistent with any other period required by federal or state
law or regulation. Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection. Upon
termination of this Contract, all records are property of the Department.
D. Subrecipient shal( maintain a client file system to docwnent direct services rendered. Each client file shall contain the
following.
L 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 fonn,
including policies requiring a client statement of efforts to obtain documentation of income with a notarized client
signature; as oudined in § 5.407(e) of the State Rules.
3. Copy of client's utility bill(s);
4. Energy consumption history for previous hvelve (12) months (all fuel types) (not applicable for Household Crisis);
5. Documentation of payment (Documentation of payment may be maintained in a separate file, but must be accessible to
the Department.);
6. Documentation of bene�ts detennination;
7. Notice of Denial Form (if applicable);
8. Right of appeal and procedures for denial or tennination of services (if applicable);
9. Any documentation required by directives;
10. Priority rating fonn; and
ll. Case notes sufficient to document that Assurance 16 activity has occurred.
E. Subrecipient shall maintain complete client files at all times. Costs associated with incomplete files found at the time o1
program monitoring may be disallo�ved.
SECTION 10. REPORTING R�QUIR�NIENTS
A. Subrecipient shall electronically submit to Department, no later than fifteen (15) days after the end of each month of the
Contract Term, a Funding Report of all expenditures of funds and clients served under this Contract during the previous month.
These reports are due even iPSubrecipient I�as no new �ctivity to report dnring tl�e montli.
Page 4 of 18
B. Subrecipient shall submit to Department, no later than forty five (45) days after the end of the Contract Term, an inventory of
all vehicles, tools, and equipinent with a unit acquisition cost of $5,000 and /or a useful Iife of more than one year, if purchased
in whole or in part with fimds 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 fimds from the CEAP are the property of CEAP and
as such, stay with the subrecipient which provides CEAP services in the service area.
C. Subrecipient shall electronically submit to Department, no (ater than forty-five (45) days after the end of the Contract Tenn, a
final report of all expenditures of funds and ciients served under this Contract. �ailure of Subrecipient to provide a full
accounting of fimds expended under this Contract may residt in the tennination of this Contract and ineligibility to receive
addition�l fimds. If Subrecipient fails to submit a final expenditure/perfonnance report within 45 days of the end of the
Contrlct Term, Department will use the last report submitted by Subrecipient as the 6nal report.
D. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this Contract,
Department may witi�hold any or all payments otherwise due or requested by Subrecipient hereundec Payments may be
�vithheld until such time as the delinquent report or response is received by Departmenk [f the de(inquent report or response is
not received within forty-five (45) days of its due date, Department may suspend or tenninate this Contract. If Subrecipient
receives funds from Department over two or more Contract Tenns, fimds may be withheld or this Contract suspended or
tenninated for SubrecipienYs failure to submit a past due report or response (induding an audit report) from a prior contract or
Contract Term.
E. Subrecipient shall provide the Department wit6 a Data Universal Numbering System (DUNS) number and a Central Contractor
Registration (CCR) System number. 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:/hvww.sam.gov/portal/public/SAM/ website.
These documents must be provided to the Department prior to the processing first payment to Subrecipient. SuUrecipient shall
maintain a current DUNS nwnber and CCR number for the entire Contract T'erm.
S�CTION 11. VGNDOR AGREENI�NTS
For each of SubrecipienPs 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 perfonned by TDHCA. All vendor agreements must be renegotiated every hvo
years.
S�CTION 12. CHANGCS AND AMENDNIENTS
A. Any change, addition or deletion to the tenns 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.
B. Except as specifically provided otheRvise 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. If any Pariy retums an executed copy by facsimile machine or
electronic transmission, the signing party intends the copy of its authorized signature printed by tlie receiving machine or the
electronic transmission, to be its original signature.
C. Written requests for Contract amendment must be received by the Department by no later than forty five (45) days prior to the
end of the Contract Term.
SECTION 13. PROGRAM INCOME
Subrecipient shail account for and expend program income derived from activities financed in whole or in part �vith funds provided
under this Contract in accordance with the UGMS, Common Rule, §_ 25 and OMB Circular A-102, Attaclunent, 2e.
Page 5 of 18
S�CTION 14. 'C�CHNICAL ASSIS'I'ANCG AND NiONITORING
Department may issue technical guidance to explain the rules and provide directions on tenns 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.
DepartmenPs monitoring may include a review of the efficiency, economy, and efficacy of Subrecipient's performance. Department
will notify Subrecipient in �vriting of any de6ciencies noted during such monitoring. Department may provide training and technica(
assistance to Subrecipient in correcting the deficiencies noted. Department may require corrective action to remedy deficiencies
noted in SuUrecipient's accounting, personnel, procurement, and management procedures and systems in order to comply �vith State
or ['ederal requirements. Department may conduct follo�v-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 detennines 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
detennined by the Department. Deplrtment or its designee may conduct an ongoing program evaluation throughout the Contract
1'erm.
S�CTION 15. INDCP�NDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 16. PROCUR�M�NT STANDARDS
A. For making procurements under this contract, Subrecipient shall comply with 45 C.P.R. Part 92, OMB Circular A-102, 10
T.A.C. §5.10, and aIl applicable federal, state, and local laws, regu(ations, and ordinances.
B. Subrecipient may not use funds provided under this Contract to purchase personal property, .equipment, goods, or services wiYh
a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received
the prior �vritten approval of Department for such purchase.
C. Upon the termination or non-renewal of this Contract, Department may transfer title to any such property or equipment having
a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity
receiving DeparUnent fimding.
SECTION 17. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to expenditure and
perfonnance reporting and drawing funds through the Community Affairs Contract System, and only may enter into propedy
procured contractua( agreements for consulting and other professional services, if Subrecipient has received DeparhnenPs prior
written approval. Subrecipient may subcontract For the delivery of client assistance without obtaining DepartmenYs prior
approvaL Any subcontract for the delivery of client assistance will be subject to monitoring by the Department as per Section
14.
B. In no event shall any provision of this Section 17, speci�caliy the reyuirement that Subrecipient obtain DepartmenYs 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. DeparGnenPs approval under this section does not constitute adoption,
ratification, or acceptance of Subrecipient's or subcontracto�'s perfonnance hereundec Department maintains the right to
monitor and require SubrecipienPs full compliance with the tenns of this Contract. DepartmenYs approval under this section
does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract.
S�CTION 18. AUDIT
A. Subrecipient shall arrange for the perfonnance of an annual financial and compliance audit of funds received and performances
rendered under this Contract, subject to the following conditions and limitations:
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Subrecipient expending $500,000 or more in total Federal awards or $500,000 in total state financial assistance shal)
have an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501, and OMB
Cirouiar No. A-133, "Audits of States, Local Governments, and Non-Pro6t Organizations" issued June 3Q 1997. ['or
purposes of this Section 18, "Federal 6nancial assistance" means assistance provided by a Pederal agency in tlie form of
grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct
appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to
individuals in accordance with OMB guidelines. The term includes a�vards of Federal 6nancial assistance received
directly from Federal agencies, or indirectly through other units of State and local govemment;
2. Sections 4 D(3) and (4) above norivithstanding, Subrecipient may utiiize funds budgeted under this Contract to pay for
that portion of the cost of such audit services properly allocable ro the activities fimded by Department under this
Contract.
3. Subrecipient shall submit three (3) copies of sucli audit report and any associated management letter to the Department,
two (2) copies of the audit report to DepartmenPs Compliance and Asset Oversight Division and one (1) copy of the
audit report to the DeparUnenPs Community Affairs Division within the earlier of thirty (30) days after receipt of the
auditor's report(s), or nine (9) months after the end of the audit period. Sub�ecipient shall make audit report available for
public inspection within thir[y (30) days after receipt of the audit report(s). Audits performed under this Section are
subject to review and resolution by Department or its authorized representative. Subrecipient shall submit such audit
report to the Federal clearinghouse designated by OMB in accordance with OMB A-133.
4. The audit report must include verification of all expenditures by Uudget category, in accordance with Exhibit B, Budget,
of this Contract.
B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an
allowable charge under Federal awards.
C. Subsection A of this Section 18 nohvithstanding, Department reserves the right to conduct an annual financial and compliance
audit of fimds received and performance rendered under this Contract. Subrecipient agrees to permit Department or its
authorized representative to audit SubrecipienPs records and obtain any documents, materials, or information necessary to
facilitate such audit.
D. Subrecipient understands and agrees that it shall be liable to the Deparhnent for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this Contract. Subrecipient fi�rther understands and agrees that reimbursement to
Department of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otheRvise made
available to Subrecipient under this Contract.
E. Subrecipient shall facilitate the perfonnance of such audit or audits conducted pursuant to this Section 18 as Department may
require of Subrecipient.
F. Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor shall
retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the
Subrecipient. Audit working papers shall be made available upon request to Deparhnent at the completion of the audit, as part
of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this
Section. Access to working papers includes the right to obtain copies ofworking papers, as is reasonable and necessary.
G. For any fiscal year ending within or immediately after the Contract 'term, Subrecipient must submit an "Audit Certification
Fonn° (available from the Department) within sixty (60) days after the SubrecipienPs fiscal year end.
S�CTION 19. MANAGGMGNT Or EQUIPMENT AND INVENTORY
A. Subrecipient shall comply �vith Subchapter A of the State Rules.
B. Subrecipient may not use funds provided imder this Contract to purchase personal property, equipment, goods, or services �vith
a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received
the prior written approval of Department for such purchase
C. Upon the tennination or non-renewal of this Contract, Department may transfer title to any such property or equipment having
a useful life of one year or more or a unit acquisition cost (tlie net invoice unit price of an item of eqtiipment) of $5,000 or more
to itself or to any other entity receiving Deparhnent funding.
1'age 7 of 18
SF.CTION 20. 1'RAV�L AND TRAINING
The travel fimds are to be used only for Department-approved training events. Subrecipient shall adhere to OMB Circidar A-87 and
either its board-approved travel policy, or in the absence of such a policy, the State of Texas travel policies.
SECTION 21. BONDING AND INSURANCE R�QUIR�MGNTS
A. If Subrecipient will enter in to a construction or facility improvements contract with a third-party in the amount of $25,000 of
greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient
will enter in to contrlct with a prime contractor in excess of $100,000, a perfonnance 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 nin to the Department as obligee and must
be documented prior to the start of construction.
B. The Subrecipient is basically a self-fimded entity subject to statutory tort la�vs and, as such, generally, it does not maintain a
commercial general liability insurance and/or auto liability policy. The Department strongly recommends the Subrecipient
require their contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may
make. Each agency should get a legal opinion regarding the best course to take for implementing the pollution occurrence
insurance coverage.
SECTION 22. LITIGATION AND CLAINIS
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 hereundec Subrecipient shall furnish to
Department copies of all pertinent papers received by Subrecipient with respect to such action or claim.
SECTION 23. LEGAL AUTHORITY
A. 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 �vil( not violate SubrecipienPs 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 tenns.
B. The person signing this Contract on behalf of Subrecipient hereby �varrants that he/she has been duly authorized by Contract to
execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and
performances herein.
C. Department shall have the right to suspend or tenninate 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
hereundec 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 tenninated this Contract for reasons enumerated in this Section 23.
SECTION 24. COMPLIANCE �VITH LAWS
A. PEDERAL STAT'E AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the federal rules and regulations
promulgated under the LIHEAP Act, the State Act, the State CEAP Rules, LIHEAP State Plan, and all federal, state, and local
laws and regulations applicable to the perfonnance of this Contract.
B. DRUG-PREE WORKPLACE ACT OP 1988. The Subrecipient af6nns by signing this contract that it is implementing the
Drug-Pree Workpiace Act of 1988.
Page 8 of 18
C. PRO-CHILDREN ACT OP 1994. Subrecipient sha(1 fol(ow the requirements of the Pro-Chiidren Act of 1994, (20 U.S.C. Sec.
6081 et seq.) which requires that smoking not be pennitted in any portion of any indoor facility owned or leased or contracted
by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under
the age of 18 if the services are fimded by Federal programs either directly or through States or (ocal governments by Pederal
grant, contract, loan or loan guarantee.
D. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program applications, fonns, and educational
materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the
requirements in Executive Order 13166 of August 11, 2000. T'o ensure compliance, the Subrecipient must take reasonable
steps to insure that persons with Limited English Proficiency have meaningful access to the program. Meaningfid access may
entail provide language assistance services, including oral and �vritten translation, where necessary.
S�C1'ION 25. PR�V�NTION OR WA51'E, TRAUD, AND ABUS�
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse
in activities fimded under this Contract. The systems and procedures shall address possible waste, fraud, and abuse by
Subrecipient, its employees, clients, vendors, subcontractors and administering agencies. SubrecipienYs intemal control
systems and all transactions and other signi6cant 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 Deparhnent of any
discovery of waste, fraud, or abuse. Subrecipient shall fiilly 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 tenns of this Contract,
or of any la�v or regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith.
S�CTION 26. CCRTIrICATION R�GARDING UNDOCUNIENT�D �VORI{ERS
Pursuant to Chapter 2264 of the Texas Govemment Code, by execution of this Contract, Subrecipient hereby certifies that
Subrecipient/Local Operator, or a branch, division, or department of Subrecipient does not and wil( not knowingly employ an
undocwnented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted
for pennanent residence to the United States or authorized under law to be employed in that manner in tlie United States. If, after
receiving a public subsidy, SuUrecipient, or a branch, division, or department of Subrecipient is convicted of a violation under 8
U.S.C. Section 1324a(�, Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%) per annum, not later
than the 120th day after the date flie Department notifies Subrecipient of the violation..
S�CTION 27. CONrLICT OF INTEREST/N�POTISM
A. Subrecipient shall maintain written standards of conduct goveming 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, o�cer, or agent, any member of his or her immediate family, his or her parmer, or an organization which employs or
is about to emp(oy 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. Subrecipients 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 discipiinary actions to be applied for violations of such standards by o�cers, employees, or agents of the Subrecipient.
D Subrecipients who are local governmenta( entities shall, in addition to the requirements of this Section, follow the requirements
of Chapter 171 of the Local Govemment Code regarding conflicts of interest of officers of municipalities, counties, and certain
other local governments.
Page 9 of 18
E. ['ailure 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 tennination of the Contract or deobligation of funds.
S�CTION 28. POLITICAL ACTIVITY PROHIBIT�D
A. Funds provided under this Contract shall not be used for influencing the outcome of any election, or the passage or defeat of
any legislative measure. "rhis prohibition shall not be construed to prevent any official or employee of Subrecipient from
fumishing 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 ofCcial not considered under Iaw to be confidential infonnation. Any
action taken against an employee or official for supplying such information shall subject the person initiating the action to
immediate dismissal frotn employment.
B. Pimds provided under this Contract may not be used direcdy or indirectly to hire employees or in any other way fund or
support candidates for the legislative, executive, or judicial branches of govermnent of Subrecipient, tlie State of Texas, or the
government of the United States.
S�CTION 29. NON-DISCRINiINATION AND EQUAL OPPORTUNITY
A. 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 wiiole or in part �vith funds
made available under this Contract, on the grounds of race, color, religion, sex, national origin, age, disability, political
affiliation or belief.
B. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping with the principles as provided in
PresidenPs Executive Order 11246 of September 24, 1965.
C. Subrecipient will include the substance of this Section 29 in all subcontracts.
S�CTION 30. CERTIL'ICATION RCGARDING CCRTAIN DISASTER RELI�I' CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person �vho, during the five year
period preceding the date of this Contract, has been convicted of violating a federal law in comiection with a contract a�varded by
the federal govermnent for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459,
Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil
or administrative enforcement action in connection with a contract a�varded by the federal govemment for relief, recovery, or
reconshuction efforts as a result of Hurricane Rita, as de6ned by Section 39.459, Utilities Code, IIurricane Katrina, or any other
disaster occurring after September 24, 2005.
By execution of this Contract, the SubrecipienULocal Operator hereby certifies that it is eligible to participate in this Program and
ackno�vledges that this Contract may be tenninated and payment withheld if this certi6cation is inaccurate.
S�CTION 31. MAINTENANC� OL' �RTORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source nor in any
way serve to reduce the funds or resources which would have been available to, or provided through, Subrecipient had this Contract
never been executed.
S�CTION 32. DEBARR�D AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that its principal employees, board members, agents, or contractors agents are not
included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also
certifies that it will not award any funds provided by this Contract to any party that is debarred, suspended, or othenvise excluded
from or ineligible for participation in federal assistance programs under �xecutive Order 12549. Subrecipient agrees that prior to
entering into any agreement with a potential subcontractor thlt the verification process to comply with this requirement �vill be
accomplished by checking the System for A�vard Management (SAM) at www.sam.gov and including a copy of the results in its
project files.
Page 10 of 18
S�CCION 33. TAITH BASCD AND S�CTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or inherently religious activities such as worship, religious
instniction or proselytization, and must be for the benefit of persons regardless of religious af�Iiation. Subrecipient shall comply
witli the regulations promulgated by the HHS at 45 C.P.R. §87.2.
SECTION 34. 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 othenvise use, and
to authorize others to use, the copyrighted work for government purposes
SECTION 35. NO WAIV�R
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 DepartmenPs right to exercise that or any other right
or remedy at a later time.
SECTION 36. SCVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or administrative tribtmai of competent
jurisdiction, the remainder shall remain valid and binding.
S�CTION 37. ORAL AND WRITT�N AGREEM�NTS
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 perfonnances under
this Contract:
1 Exhibit A, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements
2 Exhibit B, Budget
3 Exhibit C, PRWORA Requirements for the Comprehensive Energy Assistance Program
4 Exhibit D, Documentation of Disability
S�CTION 38. SPECIAL CONDITIONS
A. [n 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 subrecipient and the
Lite Up Texas program administered by the Public Utility Commission ofTexas
E3. Subrecipient shall accept applications for CEAP bene6ts at sites that are geographically accessible to all households in the
service area. Subrecipient shall provide elderly and disabled individuals the means to submit applications for CEAP bene6ts
without leaving their residence or by securing transportation for them to the sites that accept such applications.
S�CTION 39. APP�ALS PROC�SS
In compliance with the LIHEAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to individuals
�vhose application for assistance is denied, tenninated or not acted upon in a timely manner. Subrecipient must establish a denial oi
service complaint procedure in accordance with §5.405 tlie State Rules.
Page 11 of 18
SECTION 40. US� OR ALCOHOLIC BGV�RAG�S
Punds 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.
S�CTION 41. TORCI; MAJUR�
[f the obligations are delayed by the follo�ving, an equitable adjustment �vill be made for delay or Y'ailure 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 imusual actions of federal, provincial, local or foreign Govenunental Authorities; and
B. The non-performing party is without fauit in causing or failing to prevent die occurrence of such event, and such occurrence
could not have been circumvented by reasonable precautions and could not have been prevented or ciroumvented through the
use of commercially reasonable alternative sources, workaround plans or other means.
SECTION 42. TIM� IS OP THE ESSCNC�
Time is of the essence �vith respect to Subrecipient's compliance with all covenants, agreements, terms and conditions of this
Contract.
SCCTION 43. COUNTERPARTS AND TACSINIIL� SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but aIl of �vhich together shall
constitute one and the same instrutnent. Signed signature pages may be transmitted by facsimile or other electronic transmission,
and any such signature shall have the same lega( effect as an original.
S�CTION 44. NUNIB�R, GENDER
Unless the context requires othenvise, the words of the masculine gender shall include the feminine, and singular words shali
include the plural.
S�CTION 45. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78'711-3941
Attention: Michael DeYoung
Telephone: (5l2)- 475-3950
Fax: (512) - 475-3935
michael.deyoung a tdhca.state.txus
As to Subrecipient:
City of Fort Worth
4200 S. Freeway Ste. 2200
Fart Worth, TX 76115
Attention: Susan Alanis, Assistant City Manager
Telephone: (817) 392-8180 Fax: (817) 392-6134 Email: susan.a(anis@fartworthtexas.gov
Page 12 of 18
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by ovemight service, or five days
after mailing by certi6ed or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice
Address as defined in the above Subsection A of this Section 45.
SGCTION 46. V�NUC AND JURISDICTION
This Contract is delivered and intended to be perfonned in the State of Texas. For purposes of litigation pursuant to this Contract,
venue shall Iie in Travis Coimty,'Cexas.
EXECUTED to be effective on :4/I/2013
City of Fort Worth
a political subdivision
By: Susan Alanis
TiNe: Assistant City Manager
TEXAS DEPARTMGNT OP HOUSING AND CONINIUNITY AFTAIRS,
a public and official agency of the State of Texas
By: Timothy K. [rvine
Title: Its duly authorized officer or representative
Page 13 of 18
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIItS
CONTRACT NO. 58120001680
PY 2013 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
APPROVED AS TO FORM AND LEGALITY:
- ,1 --_ % � ,
// / ��//' / , /,
_ /
` Tyler Wa�lach
Assistant City Attorney
ATTEST: �
�
,
j � � ��%- , ���� � �L�
Mary J. Kays ,
City Secretary
�.
'i
M&C C-26093 ���������'
Dated: February 5, 2013
CITY OF FORT WORTH
By: Susan Alanis (signed electronically-see attached contract)
Title: Assistant City manager
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIltS
By: Timothy K. Irvine (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
OFFICI�4L �tECORD
CIT'Y SIECRETARY
�7'• �YORTH,1'� i
TEYAS DGPARTNIGN"I' Or HOUSING AND CONIMUNITY ArP'AIRS
CONTRACT NO. 58120001680 ['OR THE PY 2012
COMPREHENSNE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT A
CERT[FICAT[ON REGARDING LOBBYING POR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Fort Worth,
a political subdivision
The undersigned certifies, to the best of its knowledge and belief, that:
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 of6cer 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 �vith the a�varding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, 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 �vith this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit standard fonn -LLL, "Disclosure Ponn to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the a�vard 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, U.S.
Code. Any person �vho fails to file the required certification shail be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
City of Fort Worth
a political subdivision
By: Susan Alanis
Title: Assistant City Manager
Date: 5/29/2013
Page 14 of 18
'TGYAS D�PARTNI�NT Or HOUSING AND CONINIUNITY ArTAIRS
CONTRACT NO. 58120001680 FOR THE ['Y 2012
COMPREHENSNE ENERGY ASSISTANCE PROGRAM (CEAP)
(CPDA # 93.568)
EXHIBIT B
BUDGET
City of Fort Worth,
a political subdivision
D�PARTNICNT RINANCIAL OBLIGATIONS
� 2,069,'IZ.�I.00 CEAP F[INDS CURRENTLY AVA[LABLE
TRA[NING T2AVEL ALLOWANCE FUNDS CU2ItENTLY AVAILABLE
BUDG�T P'OR AVAILABL� ALLOCATIONS
BUDGCT CATEGORY TUNDS %
Administration $ 129,354.00 -
Assurance 16 $ 209,188.00 -
Direct Services $ 1,730,882.00 -
TOTAL C�AP BUDG�T $ 2,069,424.00 -
BUDGET CATEGORY I'UNDS %
Household Crisis $ 865,441.00 50.00
Utility Assistance $ 865,441.00 50.00
TOTAL DIR�CT SERVICES $ 1,730,8A2.00 100.00
Subrecipient's service area consists of the following Texas coimties:
TARRANT
Page 15 of 18
Administrative costs, salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 6.2% 01
the contract expenditures, excluding Training/"travel costs. All other administrative costs, exclusive of administrative costs for
Assurance 16 Activities, must be paid with nonfederal funds.
Assurance 16 Activities costs will be the maximum allowable under the total State of Texas LIHEAP award but at least 10% of the
contractexpenditures excluding Training and Travel costs.
DepartmenYs prior �vritten approval for purchase or Iease 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.
Punds may not be used for the purohase or improvement of land, or the purchase, constniction, or permanent improvement of any
building or facility.
Subrecipient is limited to only one budget revision reqttest during the first 2 months of the Contract Tenn. A second and �nal
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
tennination. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or other fimds.
Page 16 of 18
1'�%AS D�PAR'I'M�NT OT HOUSING AND COMMUNITY AT�AIRS
CONTRACT NO. 58120001680 FOR THE FY 2012
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT C
PRWORA REQUIREMENTS
City of' Fort Worth ,
a political subdivision
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying for L[HEAP funds is a
quali6ed recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), Pub. L.
104-193, I10 Stat. 2105, codified at 8 U.S.C. § 1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L.
ioa-2os.
To ensure that a non-qualified applicant does not ceceive "federal public benefits," a imit of general purpose govenunent that
administers "federal public bene�t programs" is required to detennine, 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.
An exception to the requirement of verification of alienage status applies when the applicant's eligibility is determined by a
non-profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable." An
organization is "nonprofit" if it is organized and operated for purposes othe� than making gains or profits for the organization, its
member or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization
is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its generally
accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed or the
underprivileged, as well as religiously-affiliated organizations and educational organizations. Federal Register on November ]7;
1997 at 62 Ped. Reg. 61344.
Page 17 of 18
1'�`{AS DGPARTM�NT Or HOUSING AND CONiNIUNITY ATRAIRS
CONTRACT NO. 58120001 GSO ['OR THE FY 2012
COMPREHENSNE ENERGY ASSISTANCE PROGRAM (CEAP)
(CrDA # 93.568)
EXHIBIT D
DOCUMENTATION OF DISABILITY
City of Fort Worth,
a political subdivision
I. All CEAP purchases of portable heating/cooling imits are allowable only for households °that include at least one member tl�at
is elderly, disabled, or a child aged 5 or younger when Subrecipient has met local weather crisis criteria, pursuant to 10 TAC
5.423(d)(4). No other reason for purchase, including medical reasons, shall be accepted. Notwithstanding the provisions under
]0 TAC 10 TAC 5.402, 10 TAC 5.422(c), 10 TAC 5.422(d)(3), and 5.423(d)(4), under NO CIRCUMSTANCES should clients'
medical information be collected or kept by Subrecipients.
2. Documentation of Disability must NOT include protected health information as defined in the Texas Health and Safety Code,
Subtitle I, Chapter 181.
Page 18 of 18
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/5/2013 - Ordinance No. 20609-02-2013
DATE: Tuesday, February 05, 2013
LOG NAME: 80CEAP2013
REFERENCE NO.: G26093
SUBJECT:
Authorize Acceptance of a Grant and Execution of a Contract with Texas Department of Housing and
Community Affairs for 2013 Comprehensive Energy Assistance Program in the Amount Up to
$10,000,000.00 Through December 31, 2013, Authorize Interfund Loan, Waive Indirect Costs and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a grant and the execution of a contract with the Texas Department of
Housing and Community Affairs in the amount up to $10,000,000.00 for the 2013 Comprehensive Energy
Assistance Program;
2. Authorize a non-interest bearing interfund loan from the fund balance of the General Fund to the
Grants Fund in the amount of $500,000.00 for interim financing of this grant project pending contract
execution;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $10,000,000.00; and
4. Waive indirect costs.
DISCUSSION:
The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA)
to provide the Comprehensive Energy Assistance Program (CEAP) through Community Action Partners
(CAP) offices managed by the City's Parks and Community 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 2013
CEAP. The total 2012 contract amount was $7,444,661.00. In response to the continuing increase in
energy rates, CAP staff projects an increase in funding resulting in an estimated grant award in the
amount up to $10,000,000.00 for this program in 2013.
The TDHCA has proposed to substantially modify the rules governing the administration of the
CEAP. Under the new rules, there will be three components:
1. Household Energy Crisis - weatherization and/or energy related assistance; and repair of HVAC
systems and/or purchase of window units;
2. Elderly/Disabled Assistance - assistance to households with a composition of elderly and/or disabled
members; and
Logname: 80CEAP2013 Page 1 of 2
3. Case Management - promoting energy self-sufficiency.
All households at or below 125 percent of the Federal Poverty Income Guidelines will be afforded access
to the program. Applicant households will be determined eligible according to income guidelines and
program procedures. Benefit determinations include household income, household size, energy
consumption and/or vulnerability and the availability of funds. CAP staff will accept applications at 10
neighborhood Community Action Partners facilities and at other identified locations throughout Tarrant
County. Payments will be made for eligible clients directly to the utility vendors and heating and cooling
system repair companies.
TDHCA allows no more than six percent of the grant award (excluding travel and training) to be budgeted
for administrative costs and five percent for case management administrative costs. The remaining funds
will be used for Household Energy Crisis and Elderly/Disabled Assistance for the duration of the
Contract. During 2012, CAP served 8,868 households and 22,099 individuals.
Interim financing is necessary in order to provide for transition from one grant funding program period to
the next. Repayment to the General Fund will be made after the first reimbursement, which is anticipated
to be in the March or April timeframe. No matching funds are required from the City for the CEAP
grant. A waiver by the City of indirect costs will maximize program benefits.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund. Upon execution of the grant contract, interim funding will be
returned to the General Fund, after the first reimbursement.
FUND CENTERS:
TO Fund/Account/Centers
GR76 488195 080200615000
GR76 SXXXXX 080200615XXX
GR76 220001 000200615
CERTIFICATIONS:
FROM FundlAccount/Centers
$10,000,000.00 GG01 136076 0000000
$10, 000, 000.00
$500, 000.00
Submitted for City Manager's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
1. 80CEAP2013 A013.doc (Public)
2. funding verificationqen.doc (CFW Internal)
Logname: 80CEAP2Q 13
Susan Alanis (8180)
Richard Zavala (5704)
Sonia Singleton (5774)
$500,000.00
Page 2 of 2