HomeMy WebLinkAboutResolution - 2014-R0061 - Contract - TX DHCA - CEAP - 02/27/2014RESOLUTION
E 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, a Contract, by and between the City of
Lubbock and Texas Department of Housing and Community Affairs for the
Comprehensive Energy Assistance Program, and all related documents. 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 this 27th day of February , 2014.
G TSON, MAYOR
ATTEST:
Rebecca Garza, City Secret ry
APPROVED AS TO CONTENT:
Bill erton, CD Dir /Citibus Liaison
APPROVED AS TO FORM:
dims,
Res.CDBG-TexDept of Housing -Comprehensive Energy Assist Prog.14
1.27.14
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 58140001789 FOR THE
FY 2014 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
SECTION 1. PARTIES TO THE CONTRACT
This Comprehensive Energy Assistance Program Contract No. 58140001789 (the "Contract") is made by and between the Texas
Department of Housing and Community Affairs, a public and official agency of the State of Texas (the "Department"), and City of
Lubbock, a political subdivision of the State of Texas (the "Subrecipient"), hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2014, and, unless earlier terminated, shall end on December 31, 2014 (herein the
"Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area, operate a Comprehensive Energy Assistance Program, (hereinafter
the "CEAP"), in accordance with the Economic Opportunity Act of 1964 (Public Law 88-452), the Low -Income Home Energy
Assistance Act of 1981 as amended (42 U.S.C. Sec. 8621 et seq.) (Title XXVI of the Omnibus Budget Reconciliation Act of 1981,
Public Law 97-35, as amended) (hereinafter the "LIHEAP Act"), Chapter 2306 of the Texas Government Code (hereinafter the "State
Act"), the implementing State regulations under Title 10, Part 1, Chapter 1 and Chapter 5, Subchapters A and D of the Texas
Administrative Code, as amended or supplemented from time to time (hereinafter the "State Rules"), the LIHEAP State Plan,
Subrecipient's Service Delivery Plan as defined in the State Rules, the Department's guidance related to CEAP, all applicable state and
federal regulations and the terms of this Contract. Subrecipient shall assist Low -Income Households as defined in the State Rules with
priority being given in no particular order to Elderly Persons as defined in the State Rules, Persons with Disabilities as defined in the
State Rules, Households with a young child 5 years of age or under, Households with High Energy Burden as defined in the State Rules
and Households with High Energy Consumption as defined in the State Rules. Subrecipient shall implement the CEAP in accordance
with the Certifications attached hereto as Exhibit A, the Budget attached hereto as Exhibit B, the Personal Responsibility and Work
Opportunity Act of 1996 ("PRWORA") Requirements for the CEAP attached hereto as Exhibit C, , and all such Exhibits 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.
SECTION 4. DEPARTMENT OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual
allowable costs for administrative expenditures and Program Services as defined in the State Rules, incurred by Subrecipient
during the Contract Term and for the actual allowable costs for direct services incurred by Subrecipient, in the amount specified in
Exhibit B, Budget, of this Contract.
B. Any decision to obligate additional funds or deobligate funds shall be made in writing by Department in its sole discretion based
upon factors including, but not limited to, the status of funding under grants to Department, the rate of Subrecipienfs utilization of
funds under this or previous contracts, the existence of questioned or disallowed costs under this or other contracts between the
Parties, and Subrecipient's overall compliance with the terms of this Contract.
C. Department's obligations under this Contract are contingent upon the actual receipt of funds from the U.S. Department of Health
and Human Services. If sufficient funds are not available to make payments under this Contract, Department shall notify
Subrecipient in writing within a reasonable time after such fact is determined. Department shall then terminate this Contract and
will not be liable for the failure to make any payment to Subrecipient under this Contract. Department acknowledges that it has
received obligations from those sources which, if paid, will be sufficient to pay the allowable costs incurred by Subrecipient under
this Contract.
D. Department is not liable for any cost incurred by Subrecipient which:
1. is subject to reimbursement by a source other than Department;
2. is for performance of services or activities not authorized by the LIHEAP Act, or which is not in accordance with the terms
of this Contract;
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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) days following the end
of the Contract Term; or
5. is incurred for the purchase or permanent improvement of real property.
E. Subrecipient shall refund, within fifteen (15) 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.
F. Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by Department under
this Contract shall not exceed the sum of $886,436.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of CEAP funds under this Contract. As per the Uniform Grant
Management Standards, 34 TAC §20.421 et seq (herein "UGMS"), Subrecipient's requests for advances shall be limited to the
amount needed and be timed to be in accordance with actual immediate cash requirements of the Subrecipient in carrying out the
purpose of this Contract.
B. Subrecipient shall establish procedures to minimize the time elapsing between the disbursement of funds from Department to
Subrecipient and the expenditure of such funds by Subrecipient.
C. Subrecipient must request an advance payment by submitting a properly completed monthly expenditure report to the Department
through the electronic reporting system no later than the fifteenth (15th) day of the month prior to the month for which advance
payment is sought.
D. Subsection 4(A) 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 (1) Subrecipient maintains excessive cash
balances or requests advance payments in excess of thirty (30) days need; (2) Department identifies any deficiency in the internal
controls or financial management system used by Subrecipient; (3) Subrecipient violates any of the terms of this Contract; (4)
Department's funding sources require the use of a cost reimbursement method of payment or (5) Subrecipient owes the Department
funds.
E. Department may offset or withhold any amounts otherwise owed to Subrecipient under this Contract against any amount owed by
Subrecipient to Department arising under this Contract.
F. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible clients of the CEAP and
for allowable administrative expenditures and Program Services costs incurred during the Contract Term.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. 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 UGMS. All references therein to "local government" shall be construed to mean
Subrecipient.
B. Uniform cost principles for political subdivisions are set forth in OMB Circular A-87 as implemented by 2 C.F.R. Part 225.
Uniform administrative requirements for political subdivisions are set forth in OMB Circular A-102. OMB Circular A-133
"Audits of States, Local Governments, and Non -Profit Organizations," sets forth audit standards for governmental organizations
and other organizations expending Federal funds. The expenditure threshold requiring an audit under Circular A-133 is $500,000.
C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for costs incurred or
performances rendered for activities specified in the LIHEAP Act.
D. Subrecipient may incur costs for activities associated with the closeout of the CEAP Contract for a period not to exceed forty five
(45) days from the end of the Contract Term defined in Section 2 of this Contract.
SECTION 7. TERMINATION AND SUSPENSION
A. Pursuant to §5.17 of the State Rules, 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. If the Department determines that a Subrecipient has failed to comply with the terms of the Contract, or has failed to
provide services that meet appropriate standards, goals, or other requirements established by the Department, Department will
notify Subrecipient of the deficiencies to be corrected and require the deficiencies be corrected prior to implementing termination.
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B. 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.
C. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this
Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in
Subrecipient's performance 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. Suspension shall be a temporary measure pending either corrective action by
Subrecipient or a decision by Department to terminate this Contract.
D. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any
liability to Department for damages by virtue of any breach of this contract by Subrecipient. Department may withhold any
payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is otherwise
determined in writing between Parties.
E. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this Contract.
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 and the regulations set forth in the LIHEAP Act and the State Rules, subject to the limitations and
exceptions set forth in this Section.
B. CEAP funds allow up to 6.25% 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 Exhibit B of this Contract. Eligible administrative costs include costs related to staff performance of
management, accounting and reporting activities.
C. Administrative and Program Services funds as defined under and in accordance with the State Rules are earned through provision
of direct services to clients. Subrecipient may choose to submit a final budget revision no later than forty five (45) days prior to the
end of the Contract Term to use its administrative and Program Services funds for direct service categories; however, Subrecipient
is still required to perform Program Services.
SECTION 9. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall maintain fiscal and programmatic records and supporting documentation for all expenditures of funds made
under this Contract in accordance with the UGMS, Section III, Common Rule: State Uniform Administrative Requirements for
Grants and Cooperative Agreements, Subpart C -Post Award Requirements, _.42.
B. Subrecipient acknowledges that all information collected, assembled, or maintained by Subrecipient pertaining to this Contract,
except records made confidential by law, is subject to the Texas Public Information Act (Chapter 552 of Texas Government Code)
and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this
Contract subject to and in accordance with the Texas Public Information Act.
C. Subrecipient shall give the U.S. Department of Health and Human Services, the U.S. General Accounting Office, the Texas
Comptroller, the State Auditor's Office, and Department, or any of their duly authorized representatives, access to and the right to
examine and copy, on or off the premises of Subrecipient, all records pertaining to this Contract. Such right to access shall
continue as long as the records are retained by Subrecipient. Subrecipient agrees to maintain such records in an accessible location
for the greater of (i) four (4) years; (ii) if notified by the Department in writing, the date that the final audit is accepted with all
audit issues resolved to the Department's satisfaction; (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; (iv) a date consistent with any other period required by federal or state law or regulation. Subrecipient
agrees to cooperate with any examination conducted pursuant to this Subsection. Upon termination of this Contract, all records are
property of the Department.
D. Subrecipient shall maintain a client file system to document direct services rendered. Each client file shall contain the following:
(1) Client application containing all Department requirements;
(2) Documentation/verification of client income for the 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, including policies
requiring a client statement of efforts to obtain documentation of income with a notarized client signature; as outlined in §
5.407(e) of the State Rules.
(3) Copy of client's utility bill(s);
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(4) Energy consumption history for previous twelve (12) months (all fuel types) (not applicable for Household Crisis);
(5) Documentation of payment (Documentation of payment may be maintained in a separate file, but must be accessible to the
Department.);
(6) Documentation of 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;
(10) Priority rating form; and
(11) Case notes sufficient to document that Program Service activity has occurred.
E. Subrecipient shall maintain complete client files at all times. Costs associated with incomplete files found at the time of program
monitoring may be disallowed.
SECTION 10, REPORTING REQUIREMENTS
A. Subrecipient shall electronically submit to Department, no later than fifteen (15) days after the end of each month of the Contract
Term, a Funding Report of all expenditures of funds and clients served under this Contract during the previous month. These
reports are due even if Subrecipient has no new activity to report during the month.
B. Subrecipient shall submit to Department, no later than forty five (45) days after the end of the Contract Term, an inventory of all
vehicles, tools, and equipment with a unit acquisition cost of $5,000 and /or a useful life of more than one 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 which provides CEAP services in the service area.
C. Subrecipient shall electronically submit to Department, no later than forty five (45) 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 45 days of the end of the Contract Term, Department
will use the last report submitted by Subrecipient as the final report.
D. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this Contract, Department
may withhold any or all payments otherwise due or requested by Subrecipient hereunder. Payments may be withheld until such
time as the delinquent report or response is received by Department. If the delinquent report or response is not received within
forty-five (45) days of its due date, Department may suspend or terminate this Contract. If Subrecipient receives funds from
Department over two or more Contract Terms, funds may be withheld or this Contract suspended or terminated for Subrecipient's
failure to submit a past due report or response (including an audit report) from a prior contract or Contract Term.
E. Subrecipient shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central Contractor
Registration (CCR) System number. The DUNS number must be provided in a document from Dun and Bradstreet and the current
CCR number must be submitted from a document retrieved from the https://www.sam.gov website. These documents must be
provided to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current DUNS
number and CCR number for the entire Contract Term.
SECTION 11. VENDOR AGREEMENTS
For each of Subrecipient's vendors, Subrecipient shall implement and maintain a vendor agreement that contains assurances relating to
fair billing practices, delivery procedures, and pricing procedures for business transactions involving CEAP clients. All vendor
agreements are subject to monitoring procedures performed by TDHCA. All vendor agreements must be renegotiated every two years.
SECTION 12. CHANGES AND AMENDMENTS
A. 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.
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B. 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. 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.
C. Written requests for Contract amendment must be received by the Department by no later than forty-five (45) days prior to the end
of the Contract Tenn.
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 the UGMS, Common Rule, §_.25 and OMB Circular A-102, Attachment, 2e.
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.
SECTION 15. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipient agrees to indemnify
Department against any disallowed costs or other claims which may be asserted by any third party in connection with the services to be
performed by Subrecipient under this Contract.
SECTION 16. PROCUREMENT STANDARDS
A. For making procurements under this contract, Subrecipient shall comply with 45 C.F.R. Part 92, OMB Circular A-102, 10 T.A.C.
§5.10, and all applicable federal, state, and local laws, regulations, and ordinances.
B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or services with a
unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received the
prior written approval of Department for such purchase.
C. Upon the termination or non -renewal of this Contract, Department may transfer title to any such property or equipment having a
unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving
Department funding.
SECTION 17. SUBCONTRACTS
A. Subrecipient may not 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 contractual 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 as per Section 14.
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 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 does not waive any right
of action which may exist or which may subsequently accrue to Department under this Contract.
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SECTION 18. AUDIT
A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances
rendered under this Contract, subject to the following conditions and limitations:
Subrecipient expending $500,000 or more in total Federal awards or $500,000 in total state financial assistance shall have
an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501, and OMB Circular No.
A-133, "Audits of States, Local Governments, and Non -Profit Organizations" issued June 30, 1997. For purposes of this
Section 18, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts,
loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, or other
assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with
OMB guidelines. The term includes awards of Federal financial assistance received directly from Federal agencies, or
indirectly through other units of State and local government;
2. Sections 4 D (3) and (4) above notwithstanding, Subrecipient may utilize funds budgeted under this Contract to pay for that
portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract.
3. Unless otherwise specifically authorized by Department in writing, Subrecipient shall submit two (2) copies of the audit
report to the Department's Compliance Division within thirty (30) days after completion of the audit, but no later than nine
(9) months after the end of each fiscal period included within the period of this Contract. Audits performed under this
section are subject to review and resolution of findings by the Department or its authorized representative.
4. The audit report must include verification of all expenditures by budget category, in accordance with Exhibit B, Budget, of
this Contract.
B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an
allowable charge under Federal awards.
C. Subsection A of this Section 18 notwithstanding, Department reserves the right to conduct an annual financial and compliance
audit of funds received and performance rendered under this Contract. Subrecipient agrees to permit Department or its authorized
representative to audit Subrecipient's records and obtain any documents, materials, or information necessary to facilitate such
audit.
D. Subrecipient understands and agrees that it shall be liable to the Department for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that reimbursement to
Department of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made
available to Subrecipient under this Contract.
E. Subrecipient shall facilitate the performance of such audit or audits conducted pursuant to this Section 18 as Department may
require of Subrecipient.
F. Subrecipient shall procure audit services through an open, competitive process at least once every four years. The auditor shall
retain working papers and reports for a minimum of the three years after the date of directive of the auditor's report to the
Subrecipient. Audit working papers shall be made available upon request to Department at the completion of the audit, as part of a
quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this Section.
Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary.
G. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an "Audit Certification Form"
(available from the Department) within sixty (60) days after the Subrecipient's fiscal year end.
SECTION 19. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient shall comply with Subchapter A of the State Rules.
B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or services with a
unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received the
prior written approval of Department for such purchase.
C. Upon the termination or non -renewal of this Contract, Department may transfer title to any such property or equipment having a
useful life of one year or more or a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to
itself or to any other entity receiving Department funding.
SECTION 20. TRAVEL AND TRAINING
The travel funds are to be used only for Department -approved training events. Subrecipient shall adhere to OMB Circular A-87 and
either its board -approved travel policy, or in the absence of such a policy, the State of Texas travel policies.
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SECTION 21. BONDING AND INSURANCE REQUIREMENTS
A. If Subrecipient will enter in to a construction or facility improvements contract with a third -party in the amount of $25,000 of
greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient will
enter in to contract with a prime contractor in excess of $100,000, 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. Subrecipient shall maintain adequate personal injury and property damage liability insurance. Subrecipient is encouraged to obtain
pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not
provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution
occurrence items. Subrecipient should review existing policies to determine if lead contamination is covered. If it is not,
Subrecipient should consider securing adequate coverage for all construction projects. Additional liability insurance costs may be
paid from administrative funds. The Department strongly recommends the Subrecipient require their contractors to carry pollution
occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency should get a legal opinion
regarding the best course to take for implementing the pollution occurrence insurance coverage.
SECTION 22. LITIGATION AND 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 23. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and manage the funds
authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform hereunder. The execution,
delivery, and performance of this Contract 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. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been duly authorized by Contract to
execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to the terms, provisions and
performances herein.
C. Department shall have the right to suspend or 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 23.
SECTION 24. 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, the State CEAP Rules, LIHEAP State Plan, and all federal, state, and local
laws and regulations applicable to the performance of this Contract.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this contract that it is implementing the
Drug -Free Workplace Act of 1988.
C. PRO -CHILDREN ACT OF 1994. Subrecipient shall follow the requirements of the Pro -Children Act of 1994, (20 U.S.C. Sec.
6081 et seq.) which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by
an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the
age of 18 if the services are funded by Federal programs either directly or through States or local governments by Federal grant,
contract, loan or loan guarantee.
D. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients 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 provide language
assistance services, including oral and written translation, where necessary.
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SECTION 25. PREVENTION OF WASTE, FRAUD, AND ABUSE
A. Subrecipient shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in
activities funded under this Contract. The systems and procedures shall address possible waste, fraud, and abuse by Subrecipient,
its employees, clients, vendors, subcontractors and administering agencies. Subrecipient's internal control systems and all
transactions and other significant events are to be clearly documented, and the documentation is to be readily available for
monitoring by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purposes of any
investigation of the Comprehensive Energy Assistance Program. Subrecipient shall immediately notify Department of any
discovery of waste, fraud, or abuse. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent
waste, fraud, and abuse in the Comprehensive Energy Assistance Program.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this Contract, or of
any law or regulation, to Department or to any appropriate law enforcement authority, if the report is made in good faith.
SECTION 26. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies that
Subrecipient/Local Operator, or a branch, division, or department of Subrecipient does not and will not knowingly employ an
undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted
for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after
receiving a public subsidy, Subrecipient, or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C.
Section 1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%) per annum, not later than the
120th day after the date the Department notifies Subrecipient of the violation.
SECTION 27. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and
administration of contracts.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contract supported
by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee,
officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to
employ any of the Parties indicated herein, has a financial or other interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors, or parties to subagreements. Subrecipient may set standards for situations in which the financial interest is
not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions
to be applied for violations of such standards by officers, employees, or agents of the Subrecipient.
D. Subrecipient shall, in addition to the requirements of this Section, follow the requirements of Chapter 171 of the Local
Government Code regarding conflicts of interest of officers of municipalities, counties, and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default under this
Contract and may result in termination of the Contract or deobligation of funds.
SECTION 28. POLITICAL ACTIVITY PROHIBITED
A. Funds provided under this Contract shall not be used for influencing the outcome of any election, or the passage or defeat of any
legislative measure. This prohibition shall not be construed to prevent any official or employee of Subrecipient from furnishing to
any member of its governing body upon request, or to any other local or state official or employee, or to any citizen, information in
the hands of the employee or official not considered under law to be confidential information. Any action taken against an
employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from
employment.
B. Funds provided under this Contract may not be used directly or indirectly to hire employees or in any other way fund or support
candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas, or the government
of the United States.
Page 8 of 17
SECTION 29. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied
employment in the administration of or in connection with any program or activity funded in whole or in part with funds made
available under this Contract, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or
belief.
B. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1965.
C. Subrecipient will include the substance of this Section 29 in all subcontracts.
SECTION 30. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person who, during the five year period
preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract awarded by the federal
government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code,
Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative
enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a
result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after
September 24, 2005.
By execution of this Contract, the Subrecipient/Local Operator hereby certifies that it is eligible to participate in this Program and
acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
SECTION 31. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source nor in any way
serve to reduce the funds or resources which would have been available to, or provided through, Subrecipient had this Contract never
been executed.
SECTION 32. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that its principal employees, board members, agents, or contractors agents are included
in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that
it will not award any funds provided by this Contract to any parry 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.
SECTION 33. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or inherently 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 HHS at 45 C.F.R. §87.2.
SECTION 34. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this Contract.
Department and HHS shall each have a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to
authorize others to use, the copyrighted work for government purposes.
SECTION 35. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy, nor shall any
action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to
exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or
remedy at a later time.
SECTION 36. 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.
Page 9of17
SECTION 37. 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:
1. Exhibit A, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements
2. Exhibit B, Budget
3. Exhibit C, PRWORA Requirements for the Comprehensive Energy Assistance Program
SECTION 38. 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 subrecipient and the
Lite Up Texas program administered by the Public Utility Commission of Texas.
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 39. 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 §5.405 the State Rules.
SECTION 40. 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 41. 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, embargoes and other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could
not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of
commercially reasonable alternative sources, workaround plans or other means.
SECTION 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 counterparts each of which shall be deemed an original but all of which together shall
constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other electronic transmission, and
any such signature shall have the same legal effect as an original.
SECTION 44. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words shall include
the plural.
Page 10 of 17
SECTION 45. NOTICE
A. If notice is provided concerning this Contract, notice may be given at the following (herein referred to as "Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young
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: Glen Robertson, Mayor
Telephone: (806) 775-2301 Fax: (806) 775-3917
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service, or five days
after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice
Address as defined in the above Subsection A of this Section 45.
SECTION 46. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to this Contract,
venue shall lie in Travis County, Texas.
EXECUTED to be effective on 1/1/2014
City of Lubbock
a political subdivisio St exas
By:
Title: Y
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
Page 11 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 58140001789 FOR THE FY 2014
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
City of Lubbock,
a political subdivision of the State of Texas
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, 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, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
City of Lubbock
a political subdiv' f t exas
By:
Title: r
Date: Fe rualy 27, 2014
Page 12 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO, 58140001789 FOR THE FY 2014
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT B
BUDGET
City of Lubbock.
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 886,436.00 CEAP FUNDS CURRENTLY AVAILABLE
$ 1,200.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE
III DGF'f FOR AVAILABLE ALLOCATIONS
BUDGET CATEGORY
FUNDS
Administration
$ 55,327.00
46.00
Direct Services
$ 829,909.00
46.00
TOTAL CEAP BUDGET
$ 885,236.00
8.00
BUDGET CATEGORY
FUNDS
Household Crisis
$ 381,758.00
46.00
Utility Assistance
$ 381,758.00
46.00
Program Services
$ 66,393.00
8.00
TOTAL DIRECT SERVICES
$ 829,909.00
100.00
Subrecipient's service area consists of the following Texas counties:
LUBBOCK
Page 13 of 17
General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include salaries, fringe
benefits, non -training travel, equipment, supplies, audit and office space are limited to6% of the contract expenditures, excluding
Training/Travel costs. All other administrative costs, exclusive of costs for Program Services, must be paid with nonfederal funds.
Program Services costs shall not exceed the maximum 8% of total Direct Services Expenditures. Program Services cost includes direct
administrative cost associated with providing the client irect service salaries and benefits cost for staff providing program services,
cost for supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable program services cost
when associated with providing client direct services. Other program services costs may include outreach activities and expenditures on
the information technology and computerization needed for tracking or monitoring required by CEAP.
Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required.
Approval of this budget does not constitute prior approval for such purchases.
Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any
building or facility.
Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and final budget
revision must be received by the Department no later than 45 days prior to the end of the Contract Term.
Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in contract termination.
Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or other funds.
Page 14 of 17
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 58140001789 FOR THE FY 2014
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP)
(CFDA # 93.568)
EXHIBIT C
PRWORA REQUIREMENTS
City of Lubbock,
a political subdivision of the State of Texas
If an individual is applying for LIHEAP funds, a subrecipient must verify that the individual applying for LIHEAP funds is a qualified
recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), 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.
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 once access to the system is provided by the Department.
An exception to the requirement of verification of alienage status applies when the applicant's eligibility is determined by a non-profit
charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable." If Subrecipient
claims "non-profit, charitable status Subrecipient shall supply TDHCA with any requested information Department believes is
necessary to verify that Subrecipient is a non-profit charitable organization. An organization is "nonprofit" if it is organized and
operated for purposes other than making gains or profits for the organization, its member or its shareholders, and is precluded from
distributing any gains or profits to its members or shareholders. Simply holding a valid 501(c)(x) designation is not sufficient. An
organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its
generally accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed
or the underprivileged, as well as religiously -affiliated organizations and educational organizations.
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;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification procedures;
Page 15 of 17
(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
http //www uscis goy/portal/site/uscis/menuitem ebId4c2a3e5b9ac89243c6a7543f6d1a/9vgnextoid=0d37dffd790293IOVgnVCM10000
0082ca60aRCRD&vgnextchannel=0d37dffd79029310 V Pn VCM 100000082ca60aRCRD
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the
Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility of persons
applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and all other provisions of
this Contract;
0) Comply with the requirements of the Federal Information Security Management Act (FISMA (PL -107-347), Title III, Section 301)
and OMB guidance as applicable to electronic storage, transport of records between agencies, and the internal processing of records
received by either agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract
and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent
of DHS-USCIS. Each applicant seeing access to information regarding him/herself 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 HowToCorrectYourRecordswithUSCIS.Ddf
(subject to revision and reposting on the SAVE Website and Online Resources);
(1) Comply with the Privacy Act, 5 U.S.C. Section 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 the Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon
the national origin, color, race, gender, religion, or disability of the applicant;
(n) Provide all benefit -applicants who 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
httpi//www.uscis.pov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrectYourRecordswithUSCIS Ddf,
(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. Section 1324a.
(2) Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use,
abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to original applicant consent
documents required by the Privacy Act, 5 U.S.C. Section 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. Section 552a or other applicable authority;
Page 16 of 17
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review Subrecipient's
compliance with this Exhibit C 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 C and the SAVE Program requirements by its authorized agents or
designees; and
(i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding
including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and
discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of this Exhibit C, SAVE
Program procedures or other applicable law, regulation or policy.
Criminal Penalties.
(1) 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.
(2) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5 U.S.C. Section
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.
Third Party_ Liability.
(1) 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.
(2) 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.
Points of Contact
Sharon D. Gamble
Manager, Planning, Training and Technical Assistance
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512) 475-0471
Email: Sharon amble .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: saveregistrationp_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 monitoringadhs.gov
Page 17 of 17