HomeMy WebLinkAboutResolution - 2022-R0195 - Community Development Contract 16531 with TDHCA for CEAPResolution No. 2022-R0195
Item No. 7.30
April 26, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Community Development Funding Agreement 16531,
and all related documents, between the City of Lubbock and the Texas Department of
Housing and Community Affairs (TDHCA), for the funding of a program for the
Comprehensive Energy Assistance Program (CEAP) to assist low income households in
meeting their immediate energy needs and to encourage consumers to control energy costs
for years to come through education. Said Contract is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on
ATTEST:
Rebec a Garza, City Secre
APPROVED AS TO CONTENT:
April 26, 2022
DANIEL M. POPE, MAYOR
4 au&
Karen Murfee, Community Develop6lent Director
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.CBDG Contract 16531 - TDHCA_CEAP
4.4.22
Resolution No. 2022-RO195
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2201TXLIEA
Award Year (Year of Award from HHS to TDHCA): 2022
Unique Entity Identifier Number: 058213893
SECTION 1. PARTIES TO THE CONTRACT
This 2022 Comprehensive Energy Assistance Program (CEAP) Contract Number 58220003573
("Contract") is made by and between the Texas Department of Housing and Community Affairs, a
public and official agency of the State of Texas ("Department"), and City of Lubbock, a political
subdivision of the State of Texas ("Subrecipient"), hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2022, and, unless earlier terminated, shall end on
December 31, 2022 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE AND SERVICE AREA
A. The following County/Counties constitute Subrecipient's "Service Area": LUBBOCK
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
et seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as
amended) ("LIHEAP Act"), Chapter 2105 of the Texas Government Code ("State Act"),
Chapters 2105 and 2306 of the Texas Government Code ("State Act"), the implementing State
regulations under Title 10, Part 1, Chapter 1, Chapter 2 and Subchapters A and C of Chapter 6
of the Texas Administrative Code, as amended or supplemented from time to time (collectively,
"State Rules"), the LIHEAP State Plan, 2 CFR Part 200 (as applicable), Subrecipient's "Service
Delivery Plan" in accordance with 10 TAC §6.306, the Department's guidance related to CEAP,
all applicable state and federal regulations and the terms of this Contract. Subrecipient further
agrees to comply with the certifications attached hereto as Addendums A, B, C and D and
incorporated herein for all relevant purposes; the Budget attached hereto as Exhibit A and
incorporated herein for all relevant purposes, the Personal Responsibility and Work Opportunity
Act of 1996 ("PRWORA") Requirements for the CEAP attached hereto as Addendum E and
incorporated herein for all relevant purposes; the assurances, certifications, and all other
statements made by Subrecipient in its application funding under this Contract; and with all
other terms, provisions, and requirements herein set forth.
C. Subrecipient shall assist "Households" that are "Low -Income" with priority being given in no
particular order to "Elderly Persons", "Persons with Disabilities", Households with a young child
5 years of age or under, Households with "High Energy Burden" and Households with "High
Energy Consumption", as said terms are defined in 10 TAC §6.2.
Page 1 of 34
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall
reimburse Subrecipient for the actual allowable costs incurred by Subrecipient during the
Contract Term for administrative expenditures and 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 grant 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 2022 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 or performance report within forty-
five (45) calendar days following the end of the Contract Term; or
5. is incurred for the purchase or permanent improvement of real property.
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
$1,486,320.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days.
Subrecipient's request for cash advance shall be limited to the minimum amount needed and
be timed to be in accordance with the actual, immediate cash requirements of 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.
Page 2 of 34
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 (34
TAC §20.421) ("TXGMS") in effect on the effective date of this Contract. All references therein
to "local government" shall be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and
Subpart F of 2 CFR Part 200. The expenditure threshold requiring an audit is Seven Hundred
Fifty Thousand and No/100 Dollars ($750,000.00) 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 Subrecipient's records and to obtain any
documents, materials, or information necessary to facilitate such audit.
E. CERTIFICATION FORM For any fiscal year ending within or one year after the Contract Term,
Subrecipient must submit an "Audit Certification Form" (available from the Department) within
sixty (60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is
required by 2 CFR Part 200, Subpart F, the report must be submitted to the Federal Audit
Clearinghouse ("FAC") the earlier of 30 calendar days after receipt of the auditor's report or nine
(9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403(f), Subrecipient
is required to submit a notification to Department within five (5) business days of submission to
the FAC. Along with the notice, indicate if the auditor issued a management letter. If there is a
management letter, a copy of the letter must be sent to the Department. Both the notice and the
copy of the management letter, if applicable, must be submitted to by electronic mail to
SAandACF@tdhca.state.tx.us.
Page 3 of 34
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 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 the Performance Statement attached as
Exhibit B to this Contract.
B. TERMINATION. Pursuant to 10 TAC §§2.202 and 2.203, the Department may terminate this
Contract, in whole or in part, at any time Department determines that there is cause for
termination. Cause for termination includes, but is not limited to, Subrecipient's failure to
comply with any term of this Contract or reasonable belief that Subrecipient cannot or will not
comply with the requirements of the Contract.
C. GENERAL. Subrecipient's failure to expend the funds provided under this Contract in a timely
manner may result in either the termination of this Contract or Subrecipient's ineligibility to
receive additional funding under CEAP, or a reduction in the original allocation of funds to
Subrecipient.
D. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority to
withhold payment and immediately suspend this Contract if Department identifies possible
instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in
Subrecipient's performance including but not limited to, Subrecipient's failure to correct any
monitoring findings on this or any state contract or on a single audit review.
E. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
deobligation, termination or suspension, Subrecipient shall not be relieved of any liability to
Department for damages by virtue of any breach of this Contract by Subrecipient. Department
may withhold any payment due to Subrecipient until such time as the exact amount of damages
due to Department is agreed upon or is otherwise determined in writing between the Parties.
F. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination or durinq 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.
Page 4 of 34
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be
determined in accordance with the provisions of Section 4 of the Contract and the regulations
set forth in the LIHEAP Act and the State Rules, subject to the limitations and exceptions set
forth in this Section 8.
B. CEAP 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.
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.
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 the Texas Public Information Act. 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.
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.
Page 5 of 34
D. RECORD RETENTION. 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 Department's satisfaction if the
Department notifies the Subrecipient in writing; (iii) if any litigation claim, negotiation,
inspection, or other action has started before the expiration of the required retention period
records must be retained until completion of the action and resolution of all issues which arise
under it; or (iv) a date consistent with any other period required by the performed activity
reflected in federal or state law or regulation. Upon termination of this Contract, all records are
property of the Department.
E. CLIENT FILES. Subrecipient shall maintain a client file system to document
direct services
rendered. Subrecipient shall maintain complete client files at all times. Costs
associated with
incomplete files found at the time of program monitoring may be disallowed.
Each client file
shall contain the following:
1. Client application containing all Department requirements;
2. Documentation/verification of client income for the thirty (30) days
preceding their
application for all Household members eighteen (18) years and older, or
Declaration of
Income Statement ("DIS") (if applicable). In order to use the DIS form, each Subrecipient
shall develop and implement a written policy and procedure on the use of the form;
3. Copy of client's utility bill(s);
4. Energy consumption history for previous twelve (12) months (all fuel types)
or Department
approved Alternative Billing Method;
5. Documentation of payment (Documentation of payment may be maintained
in a separate
file, but must be accessible to the Department.);
6. Documentation of benefits determination;
7. Notice of Denial Form (if applicable);
8. Right of appeal and procedures for denial or termination of services (if applicable);
9. Any documentation required by directives provided by the Department;
10. Priority rating form;
11. Case notes sufficient to document that program service activity has occurred;
12. Household Status Verification Form for all household members; and
13. SAVE printout (if applicable).
F. SUBCONTRACTS. Subrecipient shall include the substance of the 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.
Page 6 of 34
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 $5,000.00 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. 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.
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 a
Data Universal Numbering System ("DUNS") number and registered in the System of Award
Management ("SAM")a Central Contractor Registration ("CCR") System number to be used as
the Unique Entity Identifier Number on all contracts and agreements. The DUNS number must
be provided in a document from Dun and Bradstreet and the current CCR number registration
must be submitted from a document retrieved from the https://www.sam.gov website. These
documents must be provided to the Department prior to the processing first payment to
Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number for the
entire Contract Term.
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 Subrecipient's vendors, Subrecipient shall
agreement that contains assurances relating to fair billing
pricing procedures for business transactions involving CEAP
subject to monitoring procedures performed by TDHCA.
renegotiated at least every two (2) years.
implement and maintain a vendor
practices, delivery procedures, and
clients. All vendor agreements are
All vendor agreements must be
Page 7 of 34
SECTION 12. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the
terms of this Contract required by a change in federal or state law or regulation is automatically
incorporated herein and is effective on the date designated by such law or regulation without the
requirement of a written amendment hereto. Said changes, additions, or deletions referenced
under this Section 12 may be further evidenced in a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions,
or deletions to the terms of this Contract shall be in writing and executed by both Parties to this
Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or
electronic transmission, the signing party intends the copy of its authorized signature printed by
the receiving machine or the electronic transmission, to be its original signature.
D. REQUEST. Written requests for a Contract amendment must be received by the Department
by no later than forty-five (45) days prior to the end of the Contract Term.
SECTION 13. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in
whole or in part with funds provided under this Contract in accordance with TXGMS.
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
Subrecipient's compliance with the terms of this Contract. Department's monitoring may include a
review of the efficiency, economy, and efficacy of Subrecipient's performance. Department will
notify Subrecipient in writing of any deficiencies noted during such monitoring. Department may
provide training and technical assistance to Subrecipient in correcting the deficiencies noted.
Department may require corrective action to remedy deficiencies noted in Subrecipient's
accounting, personnel, procurement, and management procedures and systems in order to
comply with State or Federal requirements. Department may conduct follow-up visits to review the
previously noted deficiencies and to assess the Subrecipient's efforts made to correct them.
Repeated deficiencies may result in disallowed costs. Department may terminate or suspend this
Contract or invoke other remedies Department determines to be appropriate in the event
monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to
correct any deficiency within a reasonable period of time, as determined by the Department.
Department or its designee may conduct an ongoing program evaluation throughout the Contract
Term. 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 Subrecipient's performance of this Contract.
SECTION 16. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 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.
Page 8 of 34
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 Five Thousand and No/100 Dollars ($5,000.00) or on any vehicle
purchase unless Subrecipient has received the prior written approval from the Department for
such purchase.
C. When the Subrecipient no longer needs equipment purchased with 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 Department's sole determination. Subrecipient must request permission from the
Department to transfer title or dispose of equipment purchased with CEAP grant funds.
SECTION 17. SUBCONTRACTS
A. Subrecipient may not subgrant funds under this Contract or subcontract the primary
performance of this Contract, including but not limited to expenditure and performance reporting
and drawing funds through the Community Affairs Contract System, and only may enter into
properly procured subcontractual agreements for consulting and other professional services, if
Subrecipient has received Department's prior written approval. Subrecipient may subcontract
for the delivery of client assistance without obtaining Department's prior approval. Any
subcontract for the delivery of client assistance will be subject to monitoring by the Department.
B. In no event shall any provision of this Section 17, specifically the requirement that Subrecipient
obtain Department's prior written approval of a subcontractor, be construed as relieving
Subrecipient of the responsibility for ensuring that the performances rendered under all
subcontracts are rendered so as to comply with all of the terms of this Contract, as if such
performances rendered were rendered by Subrecipient. Department's approval under this
Section 17 does not constitute adoption, ratification, or acceptance of Subrecipient's or
subcontractor's performance hereunder. Department maintains the right to monitor and require
Subrecipient's full compliance with the terms of this Contract. Department's approval under
this Section 17 does not waive any right of action which may exist or which may subsequently
accrue to Department under this Contract.
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. Subrecipient's written travel policy shall delineate the
rates which Subrecipient shall use in computing the travel and per diem expenses of its board
members and employees.
Page 9 of 34
SECTION 19. BONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND. If Subrecipient will enter in to a construction or
facility improvements contract with a third -party in the amount of 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.
SECTION 20. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court
or administrative agency against Subrecipient and arising out of the performance of this Contract or
any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers
received by Subrecipient with respect to such action or claim.
SECTION 21. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal
authority to enter into this Contract to receive and manage the funds authorized by this
Contract, and to perform the services Subrecipient has obligated itself to perform hereunder.
The execution, delivery, and performance of this Contract will not violate Subrecipient's
constitutive documents or any requirement to which Subrecipient is subject and represents the
legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms.
B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby
warrants that he/she has been duly authorized by the Subrecipient's governing board to
execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to
the terms, provisions and performances herein.
C. TERMINATION: LIABILITY. Department shall have the right to suspend or terminate this
Contract if there is a dispute as to the legal authority of either Subrecipient, or the person
signing this Contract on behalf of Subrecipient, to enter into this Contract or to render
performances hereunder. Subrecipient is liable to Department for any money it has received
from Department for performance of the provisions of this Contract, if the Department has
terminated this Contract for reasons enumerated in this Section 21.
Page 10 of 34
D. MERGER: DEFAULT. Subrecipient understands that it is an event of default under this
Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to
maintain good standing in the State of Texas, and such is not cured prior to causing material
harm to Subrecipient's ability to perform under the terms of this Contract.
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, the certifications attached,
and all federal, state, and local laws and regulations applicable to the performance of this
Contract. Subrecipient shall not violate any federal, state, or local laws, stated herein or
otherwise, nor commit any illegal activity in the performance of or associated with the
performance of this Contract. No funds under this Contract shall be used for any illegal activity
or activity that violates any federal, state or local laws.
B. DRUG -FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract
and the "Certification Regarding Drug -Free Workplace Requirements" attached hereto as
Addendum B that it is implementing the Drug -Free Workplace Act of 1988 (41 U.S.C. §701, et
seq) and HUD's implementing regulations including, without limitation, 2 CFR Parts 182 and
2429.
C. LIMITED ENGLISH PROFICIENCY ("LEP"), Subrecipient must provide program applications,
forms, and educational materials in English, Spanish, and any appropriate language, based on
the needs of the Service Area and in compliance with the requirements in Executive Order
13166 of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable
steps to insure that persons with Limited English Proficiency have meaningful access to the
program. Meaningful access may entail providing language assistance services, including oral
and written translation, where necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS.
1 General. Subrecipient shall comply with the information security and privacy requirements
under 10 TAC §1.24 to ensure the security and privacy of Protected Information (as said
term is defined under 10 TAC §1.24).
2. Information Security and Privacy Agreement ("ISPA"). Prior to beginning any work under
this Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required
by 10 TAC §1.24, on file with the Department, or (ii) will execute and submit to the
Department an ISPA in accordance with instructions found on the Department's website at
the "Information Security and Privacy Agreement" link.
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section
106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.).
If Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers
or other agents who engage in any of the prohibited activities under Section 106(g) of the
Trafficking Victims Protection Act of 2000, Department may terminate this Contract and
Subrecipient hereby agrees and acknowledges that upon termination, Subrecipient 's rights to
any funds shall be terminated.
F. 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.
Page I 1 of 34
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 AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT.
1. General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are
prohibited from using funds under this Contract for equipment, services, or
systems that use the following covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as
part of any system in accordance with Section 889 of Public Law 115-232 (National
Defense Authorization Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
c) Telecommunications or video surveillance services provided by such entities or using
such equipment.
d) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
2. Subcontracts. Subrecipient must incorporate this prohibition in any contract and require
its contractors to incorporate this requirement into any contract.
SECTION 23. 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 & Safety Code, formerly Tex. Rev.
Civ. Stat. Ann. Art. 4477-7), as amended by the Resource Conservation and Recovery Act.
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.
Page 12 of 34
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 Department's efforts to detect, investigate, and
prevent waste, fraud, and abuse in the Comprehensive Energy Assistance Program.
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.
Page 13 of 34
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.
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 of the employee or official not considered under law to be confidential
information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government, the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award governed by the Byrd
Anti -Lobbying Amendment (31 U.S.C. §1352) as the Owner and each of its tiers have certified
by their execution of the "Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all
relevant purposes.
D. Subrecipient represents and warrants that Department's payments to Subrecipient and
Subrecipient's 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 OPPORTUNITY
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105 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. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive Order 11246 of
September 24, 1965, as amended, and its implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY.
Subrecipient must meet the standards under (i)
Section 504 of
the
Rehabilitation
Act of 1973 (5 U.S.C. §794) and (ii) Titles II and III of
the Americans
with
Disabilities Act
(42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201,
218 and 255)
as
implemented
by
U. S. Department of Justice at 28 CFR Parts 35 and 36.
Subrecipient
shall
operate each
program or activity receiving financial assistance so that the
program or activity,
when viewed
in
its entirety, is readily accessible and usable by individuals
with disabilities.
Subrecipient
is
also required to provide reasonable accommodations
for persons
with
disabilities.
Page 14 of 34
D. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-6107).
E. SUBCONTRACTS. Subrecipient will include the substance of this Section 28 in all
subcontracts.
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 in the Certification Regarding Debarment,
Suspension and Other Responsibility Matters attached hereto as Addendum D and
incorporated herein for all relevant purposes. The terms "covered transaction", "debarred",
"suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary
covered transaction", "principal", "proposal", and "voluntarily excluded", as used in the
certification attached as Addendum D, have the meaning set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies
that it will not knowingly award any funds provided by this Contract to any person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4 or that is debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs under
Executive Order 12549. Subrecipient agrees that prior to entering into any agreement with a
potential subcontractor that the verification process to comply with this requirement will be
accomplished by checking the System for Award Management ("SAM") at www.sam.gov and
including a copy of the results in its project files. After said verification, Subrecipient may
decide the frequency by which it determines the eligibility of its subcontractors during the term
of the subcontractor's agreement. Subrecipient may subsequently rely upon a certification of a
subcontractor that is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient
knows that the certification is erroneous. Failure of Subrecipient to furnish the certification
attached hereto as Addendum D or an explanation of why it cannot provide said certification
shall disqualify Subrecipient from participation under this Contract. The certification or
explanation will be considered in connection with the Department's determination whether to
continue with this Contract. Subrecipient shall provide immediate written notice to Department if
at any time Subrecipient learns that the certification was erroneous when submitted or has
become erroneous by reason of changed circumstances. Subrecipient further agrees by
executing this Contract that it will include the certification provision titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusive -Subcontracts," as set
out in Addendum D, without modification, and this language under this Section 29, in all its
subcontracts.
B. 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 15 of 34
SECTION 30. INDEMNIFICATION
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 RESPONDENT 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 RESPONDENT WITH THE
OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND RESPONDENT 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
Department's 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 competent jurisdiction, 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 16 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
Matters
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 Persons with Disabilities who cannot independently travel to the application site the means
to submit applications for CEAP benefits without leaving their residence or by securing
transportation for them to the sites that accept such applications.
SECTION 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 17 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 Department's Dispute Resolution Coordinator.
For additional information on Department's ADR policy, see Department's Alternative Dispute
Resolution and Negotiated Rulemaking at 10 TAC §1.17.
SECTION 41. OPEN MEETINGS
If the Subrecipient is a governmental entity, 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 Subrecipient's 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
original but all of which together shall constitute
pages may be transmitted by facsimile or other
shall have the same legal effect as an original.
SECTION 44. NUMBER, GENDER
counterparts each of which shall be deemed an
one and the same instrument. Signed signature
electronic transmission, and any such signature
Unless the context requires otherwise, the words of the masculine gender shall include the
feminine, and sinqular words shall include the plural.
SECTION 45. CYBERSECURITY TRAINING PROGRAM
A. Subrecipient represents and warrants its compliance with Section 2054.5191 or 2054.5192 of
the Texas Government Code relating to the cybersecurity training program for local government
employees who have access to a local government computer system or database.
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 18 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 Younq
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Attention: Karen Murfee, Executive Director
Telephone: (806) 775-2296 Fax: (806) 775-3917 Email: kmurfee@mylubbock.us
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. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and
state law, the Department may not enter into this Contract with an "abortion provider" or an
"affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this
Contract are appropriated from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of
any funds under this Contract from state or local tax revenue, it is eligible to receive said funds,
and that it will not utilize said funds in any way contrary to this Section 50 during the Contract
Term.
SECTION 51. 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 a
state agency, (2) a person who at any time during the four years before the date of the Contract
was the executive head of a state agency, or (3) a person who employs a current or former
executive head of a state agency.
Page 19 of 34
SECTION 52. 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 434.212 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, 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
http://veterans.portal.texas.gov/.
SECTION 53. ASSIGNMENT
The Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without
the written consent and agreement of Department, which consent may be withheld in Department's
sole discrection.
EXECUTED to be effective on January 01, 2022
SUBRECIPIENT:
City of Lubbock
a political subdivision of the State of Texas
By:
Title:
Date:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Title: Its duly authorized officer or representative
Date:
Page 20 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is material representation of fact on which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31 of the U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 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 21 of 34
SUBRECIPIENT:
City of Lubbock
a politic I subd' islpn f the State of Texas
By:
Title: Mayor
Date: April 26, 2022
Page 22 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM B
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988:
45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a
Federal agency may designate a central receipt point for STATE-WIDE AND STATE
AGENCY -WIDE certifications, and for notification of criminal drug convictions. For the Department
of Health and Human Services, the central point is: Division of Grants Management and
Oversight, Office of Management and Acquisition, Department of Health and Human Services,
Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 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 including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;
or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
Page 23 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 Lubbock
PO Box 2000
Lubbock, TX 79457
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.
SUBRECIPIEN :
City of Lubbo k
a polit' al su di sion of the State of Texas
By:
Title: Mayor
Date: April 26, 2022
Page 24 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 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 subawards which contain provisions for the children's services and that all
subgrantees shall certify accordingly.
SUBRECIPIENT:
City of Lubb c
a poll 'cal s di ision of the State of Texas
By:
Title: Mayor
Date: April 26, 2022
Page 25 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a 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:
(1) Is in connection with this award;
(2) Reached its final disposition during the most resent five year period; and
(3) Is one of the following:
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 other criminal, civil, or administrative proceeding if:
1 • It could have led to an outcome described in this section (e) paragraph (3)
items (i) - NO 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 26 of 34
(4) For purposes of section (e) of this certification the following definitions apply:
i. An "administrative proceeding" means a non judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities and
Exchange Commission Administrative proceedings, Civilian Board of Contract
Appeals proceedings, and Armed Services Board of Contract Appeals
proceedings). This includes proceedings at the Federal and State level but only in
connection with performance of a Federal contract or grant. It does not include
audits, site visits, corrective plans, or inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction, whether
entered upon a verdict or a plea, and includes a conviction entered upon a plea of
nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this
certification, such Subrecipient shall attach an explanation of why it cannot provide said certification
to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Subcontracts/Lower Tier Covered Transaction," without modification, in all subcontracts
and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - SUBCONTRACTS/ LOWER TIER COVERED TRANSACTIONS
(1) The
prospective lower tier
participant/subcontractor
certifies, by submission of
this
proposal,
that neither it nor its
principals is presently
debarred, suspended, proposed
for
debarment,
declared ineligible, or
voluntarily excluded from
participation in this transaction
by
any Federal
department or agency.
(2) Where
the prospective lower tier participant/subcontractor is unable to certify to any of
the
statements
in this certification, such prospective participant
shall attach an explanation to
this
proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title: _
Date:
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered an
erroneous certification, in addition to any other remedies available to the Federal Government, the
Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City of Lubp^6rk
a po ��l
u ivis!on of the State of Texas
By:
Title: Mayor
Date: April 26, 2022
Page 27 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 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 ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C.
§1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to public
benefits based on immigration status. This includes activities that: (1) deliver in -kind services at the
community level, (2) are necessary for the protection of life or safety, and (3) do not condition the
provision of assistance on the applicant's income or resources.
To ensure that a non -qualified applicant does not receive "federal public benefits," a unit of general
purpose government that administers "federal public benefit programs" is required to determine, and
to verify, the individual's alienage status before granting eligibility (8 U.S.C. §1642 (a) and (b)).
Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's
immigration or naturalization documentation that contains the information (e.g., alien registration
number) required by the SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether the
document(s) reasonably appear(s) to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived citizenship status
information, including (1) information from the applicant's immigration or naturalization documentation
for initial automated verification, (2) additional information obtained from the alien's immigration or
naturalization documentation for automated additional verification, and (3) completed Forms G-845
and other documents and information required for manual additional verification. For manual only
verification, ensure that Forms G-845 and other documents and information required for manual
verification are provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by
Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification procedures
complete SAVE required training including: reading the SAVE Program Guide, taking the latest version
of Web tutorial(s), <http://www.uscis.gov/save/what-save/save-webinars>, and maintaining a working
knowledge of requirements contained therein and in this Contract as updated. Documentation of
training must be maintained by the Subrecipient for monitoring review;
Page 28 of 34
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform
verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in the
SAVE Program Guide, web -based tutorial, this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance. Contact information can be found at
<https://www.uscis.gov/e-verify/emplovers/monitoring-and-compliance> or 202-443-0104
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires
and/or the applicant requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of
determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of
such information in accordance with this and all other provisions of this Contract;
0) Comply with the requirements of the Federal Information Security Modernization Act of 2014
(FISMA) (PLA 13-283, as amended) and OMB guidance as applicable to electronic storage, transport
of records between agencies, and the internal processing of records received by either agency under
the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other
purpose than described in this Contract and protect its confidentiality; including ensuring that it is not
disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each
applicant seeing access to information regarding him/her may do so by submitting a written signed
request to DHS-USCIS. Instructions for submitting request may be found at
<http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorre
ctYourRecordswithUSCIS.pdf> (subject to revision and reposting on the SAVE Website and Online
Resources);
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable
laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in
conducting verification procedures pursuant to this Contract, and in safeguarding, maintaining, and
disclosing any data provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of
the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the
applicant;
(n) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact
Sheet that includes the process by which applicants may contact DHS-USCIS is posted at
<http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorre
ctYourRecordswithUSCIS.pdf>, (subject to revision and reposting on the SAVE Website and Online
Resources);
(o) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial and to
contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C.
§1324a.
(2) Monitoring and Compliance.
Page 29 of 34
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and
documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the
Subrecipient, including, but not limited to original applicant consent documents required by the
Privacy Act, 5 U.S.C. §552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a
violation of this agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an
information breach has occurred as a result of User or Subrecipient action or inaction pursuant to
Office of Management and Budget (OMB) Memorandum M-07-16, "Safeguarding Against and
Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and
documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User,
including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C.
§552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits
to review Subrecipient's compliance with this Exhibit B and all other SAVE -related policy, procedures,
guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing
any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User
Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical information,
system profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any
and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions or problems which may arise in connection with the
Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage
and to assist SAVE users as necessary to ensure compliance with the terms of this Exhibit B and the
SAVE Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department or
SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this Exhibit B,
SAVE Program procedures or other applicable law, regulation or policy; and
0) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal
service address, physical address, name and telephone number Users authorized representative for
any notifications, questions or problems that may arise in connection with Users participation in SAVE
and with notification of changes in the benefit offered by the User.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose
permitted by law, including, but not limited to, the prosecution of violations of Federal administrative or
criminal law.
Page 30 of 34
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by
the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under false
pretenses or uses it for any purpose other than as provided for in this Contract may be subject to
criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or
action by third parties arising out of or related to the execution and/or performance of this Contract,
whether civil or criminal, and retain responsibility for the payment of any corresponding liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the
Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512) 475-2125
Email: michael.devoungea,tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: saveregistrationa-dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
Phone: (888) 464-4218
Email: save.monitoring(&dhs.gov
(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
Lubbock (Subrecipient):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute
and affiliated with a state or governmental entity (such as a housing finance agency, public
housing authority, unit of local government, council of governments, county, etc.)
Page 31 of 34
Certification must have the signature from a representative with authority to execute documents
on the Subrecipient's behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly and
willingly making a materially false, fictitious, or fraudulent statement or entry in any matter under the
jurisdiction of the federal government (18 U.S.C. Sec. 1001).
SUBRECIPIENT:
City of LubboqJS
a political su i ision of the State of Texas
By:
Title: Mayor
Date: April 26, 2022
Page 32 of 34
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 58220003573
FY 2022 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT A
BUDGET
City of Lubbock
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 1,486,320.00 CEAP FUNDS CURRENTLY AVAILABLE
$ 2,500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
BUDGET FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY FUNDS %
Administration $ 107,312.00
Direct Services $ 1,376,508.00
TOTAL CEAP BUDGET $ 1,483,820.00
BUDGET CATEGORY I FUNDS I %
Household Crisis
$ 596,785.00
43.35
Utility Assistance
$ 596,785.00
43.35
Program Services
$ 182,938.00
13.29
TOTAL DIRECT SERVICES
$ 1,376,508.00
100.00
General Administrative and coordination of CEAP, including costs and all indirect (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
administrative costs for program services, must be paid with nonfederal funds.
Page 33 of 34
Program services cost 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 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 termination of this Contract. Subrecipient must document outreach, whether the
outreach is conducted with CEAP funds or other funds.
Vendor Refunds
Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s)
associated to the payment(s), and if the Contract Term has expired.
If the Contract Term has not expired, Subrecipient must enter the amount into the Contract System in
the appropriate budget line item into the Adjustment column in the monthly report and make an
appropriate note in the system. This will credit back the vendor refund (s) for the Subrecipient tc
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