HomeMy WebLinkAbout064649 - General - Contract - Texas Department of Housing and Community Affairs (TDHCA)64649
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2601TXLIEI
Award Year (Year of Award from HHS to TDHCA): 2026
Unique Entity Identifier Number: ENS6MKS1ZL18
SECTION 1. PARTIES TO THE CONTRACT
This 2026 Comprehensive Energy Assistance Program (CEAP) Contract Number 58960004564 ("ContracY')
is made by and between the Texas Department of Housing and Community Affairs, a public and official
agency of the State of Texas ("DepartmenY'), 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, 2026, and, unless earlier terminated, shall end on
December 31, 2026 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA QFFICIAL RECORD
A. The following County/Counties constitute the SubrecipienYs "Service Area": TARRANT CITY SECRETARY
FT. WORTH, TX
B. Subrecipient shall, throughout its Service Area 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 etseq.) (Title XXVI
of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended) ("LIHEAP AcY'),
Chapter 2105 of the Texas Government Code ("State Act"), Chapters 2105 and 2306 of the Texas
Government Code ("State AcY'), 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
DepartmenYs guidance related to CEAP, all applicable state and federal regulations and the terms
of this Contract. Subrecipient further agrees to comply with the certifications attached hereto as
Addendums A, B, C and D and incorporated herein for all relevant purposes; the Budget attached
hereto as Exhibit A and incorporated herein for all relevant purposes, the Personal Responsibility and
Work Opportunity Act of 1996 ("PRWORA") Requirements for the CEAP attached hereto as Addendum
E and incorporated herein for all relevant purposes; the assurances, certifications, and all other
statements made by Subrecipient in its application funding under this Contract; and with all other
terms, provisions, and requirements herein set forth.
C. Subrecipient shall assist "Households" that are "Low-Income" with priority being given in no particular
order to "Elderly Persons", "Person with a Disability", 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.
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SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of SubrecipienYs 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 contracts between the Parties, and
Subrecipient's overall compliance with the terms of this Contract.
C. Subrecipient understands that all obligations of the Department under the Contract are subject to
the availability of 2026 CEAP funds. The Contract is subject to termination or cancellation, either in whole
or in part, without penalty to Department if such funds become unavailable.
D. The Contract shall not be construed as creating a debt on behalf of Department in violation of
Article III, Section 49a of the Texas Constitution. Subrecipient understands that all obligations of the
Department under this Contract are subject to the availability of 2026 funds from the U.S. Department
of Health and Human Services ("HHS"). If sufficient funds are not available to make payments under
this Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact
is determined. Department shall then terminate this Contract and will not be liable for the failure to
make any payment to Subrecipient under this Contract. Department acknowledges that it has received
obligations from those sources which, if paid, will be sufficient to pay the allowable costs incurred by
Subrecipient under this Contract.
E. Department is not liable for any cost incurred by Subrecipient which:
1. is subject to reimbursement by a source other than Department;
2. is for performance of services or activities not authorized by the LIHEAP Act, State Rules, or
which is not in accordance with the terms of this Contract;
3. is not incurred during the Contract Term;
4. is not reported to Department on a monthly expenditure and performance report within forty-
five (45) calendar days following the end of the Contract Term; or
5. is incurred for the purchase or permanent improvement of real property.
F. Notwithstanding any other provision of this Contract to the contrary, Department shall only be liable
to Subrecipient for allowable costs actually incurred or performances rendered for activities specified
in the LIHEAP Act.
G. Notwithstanding any other provision of this Contract, the total of all payments and other obligations
incurred by Department under this Contract shall not exceed the sum of $472,234.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
q. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days.
SubrecipienYs request for cash advance shall be limited to the minimum amount needed and be
timed to be in accordance with the actual, immediate cash requirements of the Subrecipient or an
advance of Five Thousand and No/100 Dollars ($5,000.00), whichever is greater. In carrying out the
purpose of this Contract. Subrecipient must request an advance payment by submitting a properly completed
monthly expenditure and performance report to Department through the electronic reporting system
no later than the fifteenth (15th) day of the month prior to the month for which advance payment is sought,
together with such supporting documentation as the Department may reasonably request.
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B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time between
the disbursement of funds from Department to Subrecipient and the 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.
E. REPAYMENT. Subrecipient shall repay, within fifteen (15) calendar days of the Department's
request, any sum of money paid to Subrecipient which Department determines has resulted in an overpayment
or has not been spent in accordance with the terms of this Contract.
SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Except as expressly modified by
law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative
requirements set forth in the Texas Grant Management Standards Version 2.1 under the authority of
Chapter 783 of the Texas Government Code ("TXGMS"). All references therein to "local governmenY'
shall be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and
Subpart F of 2 CFR Part 200. The expenditure threshold requiring an audit is One Million and
No/100 Dollars ($1,000,000.00) of Federal funds.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds received
and performances rendered under this Contract. Subrecipient agrees to permit Department or its
authorized representative to audit SubrecipienYs records and to obtain any documents, materials, or
information necessary to facilitate such audit.
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E. CERTIFICATION FORM. For any fiscal year ending within or one year after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty
(60) days after the Subrecipient's fiscal year end. If the SubrecipienYs Single Audit is required by 2
CFR Part 200, Subpart F, the report must be submitted to the Federal Audit Clearinghouse ("FAC")
the earlier of 30 calendar days after receipt of the auditor's report or nine (9) months after the end
of its respective fiscal year. As noted in 10 TAC §1.403(f), Subrecipient is required to submit a
notification to Department within five (5) business days of submission to the FAC. Along with the
notice, indicate if the auditor issued a management letter. If there is a management letter, a copy of
the letter must be sent to the Department. Both the notice and the copy of the management letter, if
applicable, must be submitted to by electronic mail to SAandACF(c�tdhca.texas.aov.
F. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the Texas Government Code,
the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly
under any contract or indirectly through a subcontract under the Contract. The acceptance of funds by
the Subrecipient or any other entity or person directly under the Contract or indirectly through a
subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction
of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under
the direction of the legislative audit committee, the Subrecipient or other entity that is the subject of
an audit or investigation by the state auditor must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure
that this paragraph concerning the authority to audit funds received indirectly by subcontractors
through the contract and the requirement to cooperate is included in any subcontract it awards.
G. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides the Department
the ability to directly review, monitor, and/or audit the operational and financial performance and/or
records of work performed under this Contract.
SECTION 7. DEOBLIGATION, TERMINATION, CANCELLATION AND SUSPENSION
A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance with 10
TAC §1.411, 10 TAC §6.304, and Chapter 2105 of the Texas Government Code. The Department
may also deobligate funds from this Contract in whole or in part if Subrecipient missing any of the expenditure
deadlines listed in this Contract.
B. TERMINATION. Pursuant to 10 TAC §2.203, the Department may terminate this Contract, in whole
or in part, at any time Department determines that there is cause for termination. Cause for termination
includes, but is not limited to, Subrecipient's failure to comply with any term of this Contract or
reasonable belief that Subrecipient cannot or will not comply with the requirements of the Contract.
C. GENERAL. SubrecipienYs failure to expend the funds provided under this Contract in a timely
manner may result in either the termination of this Contract or Subrecipient's ineligibility to receive
additional funding under CEAP, or a reduction in the original allocation of funds to Subrecipient.
D. SUSPENSION. Nothing in this Section 7 shall be construed to limit DepartmenYs 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, SubrecipienYs failure to correct any monitoring findings on this or any state
contract or on a single audit review.
E. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of deobligation,
termination or suspension, Subrecipient shall not be relieved of any liability to Department for
damages by virtue of any breach of this Contract by Subrecipient. Department may withhold any
payment due to Subrecipient until such time as the exact amount of damages due to Department is
agreed upon or is otherwise determined in writing between the Parties.
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F. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination
or during suspension of this Contract or for any costs that are disallowed.
G. STATEWIDE OR REGIONAL PROVIDER. Department may award deobligated or terminated funds
from this Contract to a Statewide or Regional Provider in accordance with 10 TAC §1.411. Subrecipient
agrees to provide information as requested by the Department to serve clients in the Service Area.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of SubrecipienYs costs incurred in the performance of this Contract shall be determined
in accordance with the provisions of Section 4 of the Contract and the regulations set forth in the
LIHEAP Act and the State Rules, subject to the limitations and exceptions set forth in this Section 8.
B. CEAP grant funds allow up to 7.22% of the award amount to be utilized for administrative costs . Administrative
costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in the Budget attached hereto as Exhibit A.
Eligible administrative costs include costs related to staff performance of management, accounting and
reporting activities in accordance with the LIHEAP State Plan.
C. Administrative and program services activities funds are earned through provision of 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.
D. Whenever applicable, all heating and cooling equipment and /or systems must have an Energy Star
rating. Heating and cooling equipment must be sized in accordance with Air Conditioning Contractors
of America Manual S based on building loads calculated in accordance with ACCA Manual J or
other approved heating and cooling calculation methodologies. HVAC contractors must provide a one-
year warranty on their work for parts and labor; the period for the warranty shall begin at the completion
of installation.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with all the record keeping requirements set forth below and shall
maintain fiscal and programmatic records and supporting documentation for all expenditures of funds
made under this Contract in accordance with TXGMS. Subrecipient agrees to comply with any changes
to the TXGMS recordkeeping requirements. For purposes of compliance monitoring, all associated
documentation must be readily available, whether stored electronically or hard copy to demonstrate
compliance with Subrecipient Performance as outlined in Section 3.
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B. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained
by Subrecipient pertaining to this Contract, except records made confidential by law, is subject to the
Texas Public Information Act (Chapter 552 of Texas Government Code) and must provide citizens, public
agencies, and other interested parties with reasonable access to all records pertaining to this
Contract subject to and in accordance with the Texas Public Information Act. Subrecipient understands
that the Department will comply with the Texas Public Information Act (Chapter 552 of the Texas
Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State
of Texas. Information, documentation, and other material in connection with this Contract may be
subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Texas
Public Information AcY'). In accordance with Section 2252.907 of the Texas Government Code,
Subrecipient is required to make any information created or exchanged with the State pursuant to the
Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available
in a format that is accessible by the public at no additional charge to the State of Texas. A request to the
Subrecipient for public information shall be communicated to the DepartmenYs contact identified in this
Contract, by the close of business on the following business day after the request is received.
Subrecipient shall not provide to the requestor any information that was written, produced, collected,
assembled, or maintained under this Contract, but shall respond to the requestor that the request has
been forwarded to the Department for processing. After gathering all information that is responsive
to the request, but in no event later than five (5) business days after receiving the information request,
Subrecipient shall send the information to the Department. Subrecipient shall timely contact the
Department if there will be any delay in sending the information request or responsive documents to the
Department.
C. ACCESS TO RECORDS. Subrecipient shall give the U.S. Department of Health and Human
Services, the U.S. General Accounting Office, the Texas Comptroller, the Office of Inspector General,
the State Auditor's Office, the HHS Office of the Inspector General, and Department, or any of their
duly authorized representatives, access to and the right to examine and copy, on or off the premises of
Subrecipient, all records pertaining to this Contract. Such right to 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 represents and warrants its compliance with the records
retention requirements of 2 CFR §200.334. The Department reserves the right to direct a Subrecipient
to retain documents for a longer period of time or transfer certain records to the Department custody
when it is determined the records possess longer term retention value . Subrecipient must include the
substance of this clause in all subcontracts. Subrecipient agrees to maintain such records in an accessible
location for the greater of: ( i) the time period described in TXGMS; (ii) the date that the final audit
is accepted with all audit issues resolved to the DepartmenYs satisfaction if the Department notifies
the Subrecipient in writing; (iii) if any litigation claim, negotiation, inspection, or other action has
started before the expiration of the required retention period records must be retained until completion
of the action and resolution of all issues which arise under it; or (iv) a date consistent with any other
period required by the performed activity reflected in federal or state law or regulation. Upon termination
of this Contract, all records are property of the Department.
E. CLIENT FILES. Subrecipient shall maintain a client file system to document direct services
rendered. Subrecipient shall maintain complete client files at all times. Costs associated with incomplete
files found at the time of program monitoring may be disallowed. Each client file shall contain the
following:
1. Client application containing all Department requirements;
2. Documentation/verification of client income for the thirty (30) days preceding 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;
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3. Priority rating form;
4. Case notes sufficient to document that program service activity has occurred;
5. Household Status Verification Form for all Household members; and
6. SAVE printout (if applicable);
7. Copy of client's utility bill(s);
8. Energy consumption history for previous twelve (12) months (all fuel types) or Department
approved Alternative Billing Method;
9. Documentation of payment (Documentation of payment may be maintained
but must be accessible to the Department.);
10. Documentation of benefits determination;
11. Any documentation required by directives provided by the Department;
12. Notice of Denial Form (if applicable); and
13. Right of appeal and procedures for denial or termination of services (if applicable).
in a separate file,
F. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit timely,
complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation
to support the reports.
B. FUNDING REPORT. By the fifteenth (15th) of each month, Subrecipient shall electronically submit
to Department, a Funding Report of all expenditures of funds and clients served under this Contract
during the previous month. These reports are due even if Subrecipient has no new activity to report
during the month.
C. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department, no later
than forty-five (45) calendar days after the end of the Contract Term, an inventory of all vehicles,
tools, and equipment with a unit acquisition cost of $ 10,000.00 and/or a useful life of more than one (1)
year, if purchased in whole or in part with funds received under this Contract or previous CEAP
contracts. The inventory shall include the vehicles, tools, equipment, and appliances purchased with
Energy Crisis funds on hand as of the last day of the Contract Term. If the Aggregate Supply Level in
10 TAC §1.407(c) is raised during the Contract Term, the new level may be used without an amendment
to this Contract. Subrecipient acknowledges that all equipment and supplies purchased with funds
from the CEAP are the property of CEAP and as such, stay with the Subrecipient that provides CEAP
services in the Service Area.
D. FINAL REPORTS. Subrecipient shall electronically submit to Department, no later than forty-five
(45) calendar days after the end of the Contract Term, a final report of all expenditures of funds and
clients served under this Contract. Failure of Subrecipient to provide a full accounting of funds expended
under this Contract may result in the termination of this Contract and ineligibility to receive additional
funds. If Subrecipient fails to submit a final expenditure/performance report within forty-five (45) calendar
days of the end of the Contract Term, Department will use the last report submitted by Subrecipient as
the final report.
E. HOUSEHOLD DATA. By the 15th of each month, Subrecipient shall electronically upload data on Households
served in the previous month into the CA Performance Measures Module located in the Community Affairs
Contract System.
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F. DEFAULT. If Subrecipient fails to submit within forty-five (45) calendar days of its due date, any report
or response required by this Contract, including responses to monitoring reports, Department may,
in its sole discretion, deobligate, withhold, or suspend any or all payments otherwise due or requested
by Subrecipient hereunder, and/or initiate proceedings to terminate this Contract in accordance with Section
7 of this Contract.
G. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with the number
registered in the System of Award Management ("SAM") to be used as a Unique Entity Identifier ("UEI")
number on all contracts and agreements. The UEI 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
UEI number for the entire Contract Term.
H. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall provide copies
of its most recent business continuity and disaster recovery plans.
SECTION 11. VENDOR AGREEMENTS
For each of SubrecipienYs vendors, Subrecipient shall implement and maintain a vendor agreement that
contains assurances relating to fair billing practices, delivery procedures, and pricing procedures for
business transactions involving CEAP clients. All vendor agreements are subject to monitoring procedures
performed by TDHCA. All vendor agreements must be renegotiated at least every two (2) 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, ordeletions
to the terms of this Contract shall be in writing and executed by both Parties to this Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy of an amendment by facsimile machine
or electronic transmission, the signing party intends the copy of its authorized signature printed by the
receiving machine or the electronic transmission, to be its original signature.
D. REQUEST. Written requests for a Contract amendment must be received by the Department by
no later than forty-five (45) days prior to the end of the Contract Term.
SECTION 13. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or
in part with funds provided under this Contract in accordance with TXGMS.
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SECTION 14. TECHNICAL ASSISTANCE AND MONITORING
Department may issue technical guidance to explain the rules and provide directions on terms of this Contract.
Department or its designee may conduct on and off-site monitoring and evaluation of SubrecipienYs
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. SubrecipienYs can request, and the Department may
provide training and technical assistance to Subrecipient in correcting the deficiencies noted. Department
may require corrective action to remedy deficiencies noted in SubrecipienYs accounting, personnel,
procurement, and management procedures and systems in order to comply with State or Federal
requirements. Department may conduct follow-up visits to review the previously noted deficiencies and
to assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in
disallowed costs. Department may terminate or suspend this Contract or invoke other remedies
Department determines to be appropriate in the event monitoring reveals material deficiencies in
Subrecipient's performance, or Subrecipient fails to correct any deficiency within a reasonable period of
time, as determined by the Department. Department or its designee may conduct an ongoing program
evaluation throughout the Contract Term. Department may issue such corrective actions in accordance with 10
TAC §2.203.
SECTION 15. INDEPENDENT CONTRACTOR
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and, to
the extent allowed by law, indemnify it against any disallowed costs or other claims which may be asserted
by any third party in connection with SubrecipienYs performance of this Contract.
SECTION 16. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 2 CFR Part 200, TXGMS, and 10 TAC §1.404, this Contract, and all
applicable federal, state, and local laws, regulations, and ordinances for making procurement transactions
and purchases under this Contract.
B. Subrecipient may not use funds provided under this Contract to purchase equipment (as defined by
TXGMS) with a unit acquisition cost (the net invoice unit price of an item of equipment) of more
than Ten Thousand and No/100 Dollars ($10,000.00, unless Subrecipient has received the prior
written approval for such purpose). If the Aggregate Supply Level in 10 TAC §1.407(c) is raised
during the Contract Term, the new level may be used without an amendment to this Contract.
C. Subrecipient may not use funds provided under this contract for any vehicle purchase unless Subrecipient
has received the prior written approval from the Department for such purchase.
D. When the Subrecipient no longer needs equipment purchased with CEAP grant funds, regardless
of purchase price, or upon the termination of this Contract, Department may take possession and transfer
title to any such property or equipment to the Department or to a third party or may seek reimbursement from
Subrecipient of the current unit price of the item of equipment, in DepartmenYs 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 DepartmenYs prior approval. Any subcontract for the delivery of client assistance will
be subject to monitoring by the Department.
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B. In no event shall any provision of this Section 17, specifically the requirement 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. DepartmenYs 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. DepartmenYs 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.
C. Subrecipient represents and warrants that it will maintain oversight to ensure that subcontractors perform
in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
SECTION 18. TRAVEL
The travel funds are to be used only for Department-approved training events. Subrecipient shall
adhere to 2 CFR Part 200 (as applicable) and either its board-approved travel policy (not to exceed the
amounts established in subchapter I of Chapter 57 of Title 5, United States Code "Travel and
Subsistence Expenses; Mileage Allowances), or in the absence of such a policy, the State of Texas
travel policies under 10 TAC §1.408. SubrecipienYs 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. BONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND. If Subrecipient will enter into a construction or facility
improvements contract with a third-party in the amount of Twenty-Five Thousand and No/100 Dollars
($25,000.00) or greater, Subrecipient must execute with the contractor a payment bond in the full
amount of the contract. If the Subrecipient will enter in to contract with a prime contractor in excess of
One Hundred Thousand and No/100 Dollars ($100,000.00), 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 is basically a self-funded entity in accordance with Chapter 2259 of the
Texas Government Code subject to statutory tort laws and, as such, generally, it does not maintain
a commercial general liability insurance and/or auto liability policy. Subrecipient is encouraged to
obtain pollution occurrence. Generally, regular liability insurance policies do not provide coverage for
potential effects of many health and safety measures, such as lead disturbances and other pollution
occurrence items. Subrecipient should review existing policies to determine if lead contamination is
covered. If it is not, Subrecipient should consider securing adequate coverage for all construction
projects. Additional liability insurance costs may be paid from administrative funds . The Department
strongly recommends the Subrecipient require their contractors to carry pollution occurrence insurance to
avoid being liable for any mistakes the contractors may make. Each agency should get a legal
opinion regarding the best course to take for implementing the pollution occurrence insurance coverage.
Page 10 of 34
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 represents that it possesses legal authority to apply for the Contract.
A resolution, motion or similar action has been duly adopted or passed as an official act of the
SubrecipienYs governing body, authorizing the filing of the Contract, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the official
representative, or the designee of Subrecipient to act in connection with the Contract and to provide such
additional information as may be required. 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 SubrecipienYs constitutive documents or
any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement
of Subrecipient, enforceable in accordance with its terms.
B. SIGNATURE AUTHORITY.
that he/she has been duly
on behalf of Subrecipient
performances herein.
The person signing this Contract on behalf of Subrecipient hereby warrants
authorized by the SubrecipienYs governing board to execute this Contract
and to validly and legally bind Subrecipient to the terms, provisions and
C. TERMINATION; LIABILITY. Department shall have the right to suspend or terminate this Contract ifthere
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 SubrecipienYs ability
to perform under the terms of this Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE, AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the federal rules
and regulations promulgated under the LIHEAP Act, the State Act, Chapter 2105 of the Texas Government
Code, the State Rules, LIHEAP State Plan, and the certifications attached hereto. Subrecipient represents
and warrants that it will comply, and assure the compliance of all its contractors, with all applicable
federal and state laws, rules, regulations, and policies in effect or hereafter established. In addition,
Subrecipient represents and warrants that it will comply with all requirements imposed by the awarding agency
concerning special requirements of law, program requirements, and other administrative requirements. In
instances where multiple requirements apply to Subrecipient, the more restrictive requirement applies
. Subrecipient shall not violate any
federal, state, or local laws, stated herein or otherwise, nor commit any illegal activity in the performance
of or associated with the performance of this Contract. No funds under this Contract shall be used for
any illegal activity or activity that violates any federal, state or local laws.
Page 11 of 34
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 HHS's implementing
regulations including, without limitation, 2 CFR Parts 182 and 382.
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipient must take reasonable steps to insure that
persons with Limited English Proficiency have meaningful access to the program. Meaningful access
may entail providing language assistance services, including oral and written translation, where
necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
1
2
General. Subrecipient shall comply with the information security and privacy requirements under
10 TAC §1.24 to ensure the security and privacy of Protected Information (as said term is defined
under 10 TAC §1.24).
Information Securitv and Privacv Aqreement ("ISPA"). Prior to beginning any work under this
Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required by 10 TAC
§1.24, on file with the Department, or (ii) will execute and submit to the Department an ISPA
in accordance with instructions found on the DepartmenYs website at the "Information Security and
Privacy AgreemenY' link.
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g)
of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or
its contractor or subcontractor engages in, or uses labor recruiters, brokers or other agents who
engage in any of the prohibited activities under Section 106(g) of the Trafficking Victims Protection Act
of 2000, Department may terminate this Contract and Subrecipient hereby agrees and acknowledges
that upon termination, Subrecipient 's rights to any funds shall be terminated.
F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Subrecipient represents and warrants
that if the Contract involves construction of a project, it will comply with the requirements of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts involving
employment, as applicable.
G. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTRAL ACT. Subrecipient
represents and warrants that it will comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387).
H, PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS A N D V I D E O
SURVEILLANCE SERVICES AND EQUIPMENT.
1. General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited from
using funds under this Contract for equipment, services, or systems that use the following
covered telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system in accordance with Section 889
of Public Law 115-232 (National Defense Authorization Act 2019) or enter into, extend or renew
a contract to procure the following covered telecommunications equipment or services:
a) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
b) For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
Page 12 of 34
c) Telecommunications or video surveillance services provided by such entities or using such equipment.
d� Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
e) Systems that use covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
2. Subcontracts. Subrecipient must incorporate this prohibition in any contract and require its
contractors to incorporate this requirement into any contract.
NOTIFICATION OF INVESTIGATION. Subrecipient must notify the Department if Subrecipient is
under federal or state investigation (by, for example, including, but not limited to, U.S. Department
of Health and Human Services, Office of Inspector General and the Office of State Inspector
General). Subrecipient must inform the Department in writing of this investigation in accordance
with the Notice Provisions in Section 48. Subrecipient must also inform the Department in writing,
in accordance with the Notice Provisions in Section 48, of any written requests for information by
the State Auditor's Office, the Office of the Attorney General, or any other investigative agency,
unless otherwise prohibited by law.
J. NEVER CONTRACT WITH THE ENEMY ACT. Subrecipient represents and warrants that itwill comply
with all applicable standards, orders, or regulations pursuant to 2 CFR §200.215, implementing Never
Contract with the Enemy in 2 CFR Part 183.
SECTION 23. PROCUREMENT OF RECOVERED MATERIAL
Subrecipient represents and warrants that it will comply with the requirements of Section 6002 of the
Solid Waste Disposal Act (Chapter 361 of the Texas Health and Safety Code, formerly Tex. Rev. Civ.
Stat. Ann. Art. 4477-7), as amended by the Resource Conservation and Recovery Act. The Subrecipient
should, to the greatest extent practicable and consistent with law, purchase, acquire or use products
and services that can be reused, refurbished or recycled, contain recycled content, are biobased or are energy
and water efficient, and are sustainable.
SECTION 24. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas Government
Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's
Office.
B. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct
waste, fraud, and abuse in activities funded under this Contract. The systems and procedures
shall address possible waste, fraud, and abuse by Subrecipient, its employees, clients, vendors,
subcontractors and administering agencies. Subrecipient's internal control systems and all
transactions and other significant events are to be clearly documented, and the documentation is to
be readily available for monitoring by Department.
C. 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 DepartmenYs efforts to detect, investigate, and prevent waste, fraud, and abuse in the
Comprehensive Energy Assistance Program.
Page 13 of 34
D. Subrecipient may not discriminate against any employee or other person who reports a violation of
the terms of this Contract, or of any law or regulation, to Department or to any appropriate law
enforcement authority, if the report is made in good faith.
SECTION 25. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby
certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will not knowingly
employ an undocumented worker, where "undocumented worker" means an individual who, at the time
of employment, is not lawfully admitted for permanent residence to the United States
or authorized under law to be employed in that manner in the United States. If, after receiving a public
subsidy, Subrecipient, or a branch, division, or department of Subrecipient is convicted of a violation
under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five
percent (5%) per annum, not later than the one hundred-twentieth (120th) day after the date the Department
notifies Subrecipient of the violation.
SECTION 26. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration
of a contract supported by federal funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the Parties
indicated herein, has a financial or other interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors,
or anything of monetary value from contractors, or parties to sub -agreements. Subrecipient may set
standards for situations in which the financial 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 26, follow the requirements of Chapter
171 of the Local Government Code regarding conflicts of interest of officers of municipalities, counties,
and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standards is a
condition of default under this Contract and may result in termination of the Contract or deobligation
of funds.
F. Subrecipient represents and warrants its compliance with the Federal awarding agency's conflict of
interest policies in accordance 2 CFR §200.112.
G. Subrecipient represents and warrants that performance under the Contract will not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety.
H. Subrecipient represents and warrants that performance under the Contract will not constitute an
actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Subrecipient
represents and warrants that in the administration of the grant, it will comply with all conflict of interest
prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter
176 of the Texas Local Government Code. If circumstances change during the course of the Contract,
Subrecipient shall promptly notify Department.
Page 14 of 34
SECTION 27. POLITICAL ACTIVITY AND LEGISLATIVE ACTIVITY PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any election,
or the passage or defeat of any legislative measure. This prohibition shall not be construed to
prevent any state official or employee from furnishing to any member of its governing body upon request,
or to any other local or state official or employee or to any citizen information in the hands ofthe employee
or official not considered under law to be confidential information.
B. 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.
C. 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.
D. BYRD ANTI-LOBBYING AMENDMENT. 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 Subrecipient 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.
E. LOBBYNG EXPENDITURE RESTRICTION. Subrecipient represents and warrants that
Department's payments to Subrecipient and SubrecipienYs receipt of appropriated or other funds
under the Contract are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code
which restrict lobbying expenditures.
SECTION 28. NON-DISCRIMINATION AND EQUAL ACCESS
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105.004 of the Texas Government Code,
Subrecipient represents and warrants that it will not use block grant funds in a manner that discriminates on the
basis of race, color, national origin, sex, or religion.
B. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. §794) and (ii) Titles II and III of the Americans with Disabilities Act (42 U.S.C.
§§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department ofJustice
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 a
Persons with a Disability.
C. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-6107).
D. SUBCONTRACTS. Subrecipient will include the substance of this Section 28 in all subcontracts.
Page 15 of 34
SECTION 29. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. 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 on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public
Accounts and the System for Award Management ("SAM') maintained by the General Services
Administration and 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",
"participanY', "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded",
as used in the certification attached as Addendum D, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that
it will not knowingly award any funds provided by this Contract to any person who is proposed for
debarment under 48 CFR Part 9, subpart 9.4 or that is debarred, suspended, or otherwise excluded from
or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient
agrees that prior to entering into any agreement with a potential subcontractor that the verification
process to comply with this requirement will be accomplished by checking the System for Award
Management ("SAM") at www.sam.gov and including a copy of the results in its project files. After said
verification, Subrecipient may decide the frequency by which it determines the eligibility of its
subcontractors during the term of the subcontractor's agreement. Subrecipient may subsequently rely
upon a certification of a subcontractor that is not proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the
certification attached hereto as Addendum D or an explanation of why it cannot provide said certification
shall disqualify Subrecipient from participation under this Contract. The certification or explanation will be
considered in connection with the DepartmenYs 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 29, in all
its subcontracts.
g. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not listed
in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and Prohibiting
Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism ", published by the
United States Department of the Treasury, Office of Foreign Assets Control.
Page 16 of 34
SECTION 30. INDEMNIFICATION
TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS
THE STATE OF TEXAS AND THE DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES,
AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF
SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR
SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND
ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE
COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN
TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY
NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE
OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH
TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
SECTION 31. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such
as worship, religious instruction or proselytization, and must be for the benefit of persons regardless of
religious affiliation. Subrecipient shall comply with the regulations promulgated by the U. S. Department
of Health and Human Services ("HHS") at 45 CFR Part 87.
SECTION 32. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended
under this Contract. Department and HHS shall each have a royalty -free, nonexclusive, and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government
purposes.
SECTION 33. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall 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 DepartmenYs right to exercise that
or any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in any
way intended to constitute a waiver by the Department or the State of Texas of any immunities
from suit or from liability that the Department or the State of Texas may have by operation of law.
SECTION 34. SEVERABILITY
If any section or provision of this Contract is held to be invalid or unenforceable by a court or
administrative tribunal of competentjurisdiction, the remainder shall remain valid and binding.
SECTION 35. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the Parties relating to the subject matter of this Contract
have been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute
promised performances under this Contract:
Page 17 of 34
1. Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
2. Addendum B- Certification Regarding Drug-Free Workplace Requirements
3. Addendum C- Certification Regarding Environmental Tobacco Smoke
4. Addendum D- Certification Regarding Debarment, Suspension and Other Responsibility
M atte rs
5. Addendum E- PRWORA Requirements
6. Exhibit A- Budget
SECTION 36. SPECIAL CONDITIONS
A. In order to achieve compliance with the LIHEAP Act, Subrecipient must coordinate with other
energy related programs. Specifically, Subrecipient must make documented referrals to 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 a Person
with a Disability who cannot independently travel to the application site the means to submit applications
for CEAP benefits without leaving their residence or by securing transportation for them to the sites
that accept such applications.
SECTION 37. APPEALS PROCESS
In compliance with the LIHEAP Act, Subrecipient must provide an opportunity for a fair administrative hearing
to individuals whose application for assistance is denied, terminated or not acted upon in a timely
manner. Subrecipient must establish a denial of service complaint procedure in accordance with 10
TAC §6.8.
SECTION 38. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's
employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic
beverages, or for the purchase of alcoholic beverages.
SECTION 39. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure
to perform hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature
or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil
disorders, rebellion or sabotage; and (iv) quarantines, disease, pandemics, embargoes and other
similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of 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.
Page 18 of 34
SECTION 40. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the
parties to resolve any dispute arising under the Contract. If at any time the Subrecipient would like to
engage Department in an Alternative Dispute Resolution ("ADR") procedure, the Subrecipient may send
a proposal to DepartmenYs Dispute Resolution Coordinator. For additional information on DepartmenYs ADR
policy, see DepartmenYs Alternative Dispute Resolution and Negotiated Rulemaking in at 10 TAC §1.17.
SECTION 41. OPEN MEETINGS
Subrecipient represents and warrants its compliance with Chapter 551 of the Texas Government Code,
which requires all regular, special or called meetings of a governmental body to be open to the public, except
as otherwise provided by law.
SECTION 42. TIME IS OF THE ESSENCE
Time is of the essence with respect to SubrecipienYs compliance with all covenants, agreements,
terms and conditions of this Contract.
SECTION 43. COUNTERPARTS AND FACSIMILE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but
all of which together shall constitute one and the same instrument. Signed signature pages may be
transmitted by facsimile or other electronic transmission, and any such signature shall have the same
legal effect as an original.
SECTION 44. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine,
and singular words shall include the plural.
SECTION 45. CYBERSECURITY TRAINING PROGRAM
A. If Subrecipient has access to any state computer system or database, Subrecipient shall complete
cybersecurity training and verify completion of the training program to the Department pursuant to
and in accordance with Section 2054.5192 of the Government Code.
B. If Subrecipient has access to any state computer system or database, Subrecipient shall complete
cybersecurity training and verify completion of the training program to the Department pursuant to
and in accordance with Section 2054.5192 of the Government Code.
SECTION 46. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW
Subrecipient represents and warrants its compliance with 2 CFR §200.113 which requires the disclosure
in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain
civil, criminal, or administrative proceedings to SAM.
SECTION 47. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZTIONS, CHARIABLE
TRUSTS, AND PRIVATE FOUNDATIONS
Subrecipient represents and warrants that it will comply with Section 2252.906 of the Texas Government
Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private
foundations.
Page 19 of 34
SECTION 48. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein referred
to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung@tdhca.texas.gov
As to Subrecipient:
City of Fort Worth
100 Fort Worth Trail
Fort Worth, TX 76102
Attention: Dana Burghdoff, Assistant City Manager
Telephone: (817) 392-8018 Fax: (817) 392-7328 Email:
dana. burghdoff@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight
service, or five (5) days after mailing by certified or registered mail, postage prepaid, return receipt
requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this
Section 48.
C. Subrecipient shall provide contact information and required notifications to the Department through
the Contract System in accordance with 10 TAC §6.6.
SECTION 49. VENUE AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without
regard to the conflicts of law provisions. The venue of any suit arising under this Contract is fixed in
any court of competent jurisdictions of Travis County, Texas.
SECTION 50. EXECUTIVE HEAD OF STATE AGENCY AFFIRMATION
In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive
head of a state agency, Subrecipient certifies that it is not (1) the executive head of the Department, (2) a
person who at any time during the four years before the date of the Contract was the executive head of
the Department, or (3) a person who employs a current or former executive head of the Department.
SECTION 51. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS
The program applications must provide a space for applicants to indicate if they are a veteran as
required by Section 434.214 of the Texas Government Code. In addition, the application must include
the following statement: "Important Information for Former Military Services Members. Women and men
who served in any branch of the United States Armed Forces, including Army, Navy, Air Force, Marines,
Coast Guard, Reserves, or National Guard, may be eligible for additional benefits and services. For
more information, please visit the Texas Veterans Portal at https://veterans.portal.texas.gov/.
Page 20 of 34
SECTION 52. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the
written consent and agreement of Department, which consent may be withheld in DepartmenYs sole discretion.
SECTION 53. TITLES AND HEADINGS
The terms and phrases used in the titles and heading herein have been included for convenience and
reference purposes only and shall in no way modify or restrict the scope or intent of any provisions of this
Contract.
EXECUTED to be effective on January 01, 2026
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 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 16, 2026 12:00 pm
UFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 21 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 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:
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 $10,000.00 and not more than
$100,000.00 for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this commitment providing for the United States to insure
or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required statement shall be subject to a civil penalty of not less than $10,000.00 and
not more than $100,000.00 for each such failure.
Page 22 of 34
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 23 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 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.: 2
CFR § 182. Sections 182.225, (230), (500) and (505) provide that a Federal agency may designate a
central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications, and for notification
of criminal drug convictions. For the Department of Hea/th and Human Services, the central point is:
Division of Grants Management and Oversight, Office of Management and Acquisition, Department of
Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under paragraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction . Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice 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 includingtermination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement,
or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (a), (b), (c), (d), (e) and (f).
Page 24 of 34
Place(s) of Performance [site(s) for the performance of work done in connection with the specific
grant] (include street address, city, county, state, zip code):
City of Fort Worth
100 Fort Worth Trail
Fort Worth, TX 76102
Workplace identifications must include the actual address of buildings (or parts of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used (e.g.,
all vehicles of a mass transit authority or State highway department while in operation, State employees
in each local unemployment office, performers in concert halls or radio studios). If Subrecipient does
not identify the workplaces at the time of application, or upon award, if there is no application, the
Subrecipient must keep the identity of the workplace (s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the
Subrecipient's drug-free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the Department
awards the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, Department, in addition to any
other remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 25 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of
1994, requires that smoking not be permitted in any portion of any indoor facility routinely owned or
leased or contracted for by an entity and used routinely or regularly for provision of health, day
care, education, or library services to children under the age of eighteen (18), if the services are funded
by Federal programs either directly or through State or local governments, by Federal grant,
contract, loan, or loan guarantee. The law does not apply to children 's services provided in private
residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for
inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the
imposition of a civil monetary penalty of up to $ 1,000.00 per day and/or the imposition of an
administrative compliance order on the responsible entity. By signing and submitting this Contract the
Subrecipient certifies that it will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be included
in any subcontracts which contain provisions for the children 's services and that all subcontracts shall
certify accordingly.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 26 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civiljudgment
rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in section (b) of this
certification;
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default; and
(e) Will submit to the Department information about each proceeding that occurs during this
Contract Term or during the recordkeeping period that:
(� ) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period; and
�3� Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability
and your payment of either a monetary fine or penalty of $ 5,000.00 or more or reimbursement,
restitution, or damage in excess of $100,000.00; or
iv. Any othercriminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3) items (i) -
(iii) of this award term and condition;
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
Page 27 of 34
(4) For purposes of section (e) of this certification the following definitions apply:
An "administrative proceeding" means a non-judicial process that is adjudicatory in nature
in order to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings). This includes proceedings at the Federal
and State level but only in connection with performance of a Federal contract or grant. It
does not include audits, site visits, corrective plans, or inspection of deliverables.
ii. A"conviction", for purposes of this award term and condition, means a judgment orconviction
of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict
or a plea, and includes a conviction entered upon a plea of nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification,
such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"CertificationRegardingDebarment, Suspension, Ineligibility and Voluntary
Exclusion-Subcontracts/Lower Tier Covered Transaction," without modification, in all subcontracts and
in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date:
m
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: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 28 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM E
PRWORA REQUIREMENTS
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying for
LIHEAP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity
Act of 1996, ("PRWORA") or ("AcY'), 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 AcYs 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 applicanYs income or resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose
government that administers "federal public benefit programs" is required to determine, and to verify, the
individual's alienage status before granting eligibility (8 U.S.C. §1642 (a) and (b)). Subrecipient must use
the SAVE verification system to verify and document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) Svstem 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 applicanYs 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)
and maintaining a working knowledge of requirements contained therein and in this Contract as updated.
Documentation of training must be maintained by the Subrecipient for monitoring review;
Page 29 of 34
(e) Ensure that Users are provided with and maintain User lds 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.
(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;
Q) Comply with the requirements of the Federal Information Security Modernization Act of 2014 (FISMA) (PL-
113-283, as amended) and OMB guidance as applicable to electronic storage, transport of records between
agencies, and the internal processing of records received by either agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other purpose than
described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any
unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to
information regarding him/her may do so by submitting a written signed request to DHS-USCIS.
(I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws,
regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting
verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data
provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of
the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the
applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with
adequate written notice of the denial and the information necessary to contact DHS -USCIS so that such
individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the
process by which applicants may contact DHS-USCIS is posted on their website.
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the SubrecipienYs 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) Monitorinq 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;
Page 30 of 34
(b) Notify the DepartmenYs Compliance Division immediately whenever there is reason to believe a violation
of this agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an
information breach has occurred as a result of User or Subrecipient action or inaction pursuant to
Office of Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and Responding
to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents
related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not
limited to original applicant consent documents required by the Privacy Act, 5 U.S.C.
§552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and /or site visits to
review Subrecipient's compliance with this Addendum E and all other SAVE-related policy, procedures,
guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any
data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User
Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system
profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all
contact persons or other personnel within the SubrecipienYs organization or relevant contractors regarding
any and all questions or problems which may arise in connection with the Subrecipient's participation in
SAV E;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and
to assist SAVE users as necessary to ensure compliance with the terms of this Addendum E and the SAVE
Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and recommendations
on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance
regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with
the terms, conditions and safeguards of this Addendum E, SAVE Program procedures or other applicable
law, regulation or policy; and
Q) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal
service address, physical address, name and telephone number Users authorized representative for any
notifications, questions or problems that may arise in connection with Users participation in SAVE and
with notification of changes in the benefit offered by the User.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted
by law, including, but not limited to, the prosecution of violations of Federal administrative 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, 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 Partv Liabilitv.
(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.
Page 31 of 34
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its agencies,
officers, or employees, the State of Texas, its agencies, officers, or employees, or the Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P. O. Box 13941
Austin, Texas 78711-3941
Telephone: (512) 475-2125
michael.deyoung@tdhca.texas.gov
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: savereqistration(a�dhs.qov
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.monitorinq(c�dhs.aov
(6) Certification.
The undersigned hereby certifies to the Department that all information herein is true and correct to the best
of their knowledge and belief. The purpose of this statement is to certify that City of Fort Worth (Subrecipient):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute and
affiliated with a state or governmental entity (such as a housing finance agency, public housing
authority, unit of local government, council of governments, county, etc.)
Certification must have the signature from a representative with authority to execute
documents on the Subrecipient's behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly and
willingly making a materially false, fictitious, or fraudulent statement or entry in any matter under the
jurisdiction of the federal government (18 U.S.C. Sec. 1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Dana Burghdoff
Title: Assistant City Manager
Date: January 15, 2026 4:27 pm
Page 32 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58960004564
FY 2026 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT A
BUDGET
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 472,234.00 CEAP FUNDS CURRENTLYAVAILABLE
TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY
Administration
Direct Services
TOTAL CEAP BUDGET
BUDGET CATEGORY
Household Crisis
Utility Assistance
Program Services
TOTAL DIRECT SERVICES
FUNDS
$ 34,095.00
$ 438,139.00
$ 472,234.00
FUNDS
$ 189,955.00
$ 189,955.00
$ 58,229.00
$ 438,139.00
%
%
43.35
43.35
13.29
100.00
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.
Page 33 of 34
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 costs when associated with providing client direct
services. Other program services costs may include outreach activities and expenditures on the information
technology and computerization needed for tracking or monitoring required by CEAP.
Department's prior written approval for purchase or lease of equipment with an acquisition cost of
$5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases.
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract
Term. A second and final budget revision must be received by the Department no later than 45 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 Department 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 34 of 34
CITY OF FORT WORTH
By: Dana Burghdoff
Title: Assistant City Manager
Signed Electronically -See attached contract
APPROVAL RECOMMENDED:
�� ��ti��
By:
Kacey Thomas (Jan 28, 2026 09:35:12 CST)
Name: Kacey Thomas
Title: Director, Neighborhood Services
ATTEST: nnn�
0 oF FOR T �add
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/� �°P*��°
C����� aaan nEZP?444
By:
Name: Jannette Goodall
Title: City Secretary
By:
Name:
Title:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
�'�I c!� 7�eevc��, ,L�-��G�i
By:
Name: Doonkeen Michelle
Title: Assistant Director, Neighborhood Services
APPROVED AS TO FORM AND LEGALITY:
SopGcre Matl�ewJ
By:
Name: Sophie Mathews
Title: Assistant Ciry Attorney
CONTRACT AUTHORIZATION:
M&C: 26-0022 dated
O1/13/2026
C�7��Cy1,1�:�X�%]:a�7
C«] � i'�'i Xy:� � ��1:�'1
FT. WORTH, TX
Contract Renewal Page 1 of 1
City of Fort Worth,
Mayor and
DATE: 01 /13/26
Texas
Council Communication
M&C FILE NUMBER: M&C 26-0022
LOG NAME: 19CEAP 2026
SUBJECT
(ALL) Ratify Acceptance of a Grant from the Texas Department of Housing and Community Affairs in an Amount Up to $9,000,000.00 for the 2026
Comprehensive Energy Assistance Program, a Federally Funded Program Sponsored by the United States Department of Health and Human
Services Designed to Provide Utility Payment Assistance and Energy Conservation Education for "Low to Moderate" Income Residents, Authorize
Related Contracts, Adopt Appropriation Ordinance, and Waive Indirect Costs
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the acceptance of the 2026 Comprehensive Energy Assistance Program funds in an amount up to $9,000,000.00 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,
2026 and ending on December 31, 2026;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject
to receipt of the grant, in an amount up to $9,000,000.00 for the purpose of funding utility payment assistance and energy conservation
education for "low to moderate" income residents; and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 21.05%, an estimated total of $208,071.04.
DISCUSSION:
The City of Fort Worth (City) contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Comprehensive
Energy Assistance Program (CEAP) through the Community Action Partners (CAP), which is managed by the City's Neighborhood Services
Department. The TDHCA has notified the City to use the prior year's grant award and contract amount as a planning figure for the 2026 CEAP. The
total 2025 contract amount was $8,850,162.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to
$9,000,000.00 for this program in 2026. 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 $8,029,966.00 per year and as much as $10,206,532.00 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 2025 to October 2025, CAP served 3,382 households and 7,752 individuals using this grant.
This grant is an entitlement grant received from the Texas Department of Housing and Community Affairs. The grant has been consistently
awarded to the City since 1982. Grant funds support administrative and program delivery allocations for 16.95 full-time employee positions in the
Neighborhood Services Department. Indirect costs totaling an estimated $208,071.04, calculated by taking wages & salaries designated for this
grant of approximately $988,461.00 multiplied by the Neighborhood Service Departments' indirect cost rate of 21.05°/o defined in the City's most
recent Cost Allocation Plan, could be charged to this grant. A waiver of these indirect costs is requested to allow allocation of these funds to further
support the programs and services to assist "low-to-moderate" income citizens.
Positions funded with Comprehensive Energy Assistance Program grant funds are subject to grant availability. In the event of a grant award being
decreased or eliminated, the Neighborhood Services Department would review programs and services funded by the grants and determine a level
of service and staffing that aligns with the available funding. Alternatives to consider may include staff and program reductions or eliminations.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education:
TDHCA
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services
Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an
expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Kacey Thomas 8187
Additional Information Contact: Michelle Doonkeen 5771
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name
Texas Department of Housing and Community Affairs
Subject of the Agreement: Fy 2026 Comprehensive Energy Assistance Program (CEAP)
Contract Number 58960004564
M&C Approved by the Council? * Yes ❑✓ No ❑
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 01/01/2026 Expiration Date: 12/31/2026
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No ❑✓
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.