| (a) Administrators must meet the expenditure threshold
requirements described in paragraphs (1) - (4) of this subsection.
If an Administrator fails to expend and submit expenditure documentation
by the due date, the deobligation process outlined in §25.5 of
this chapter (relating to Allocation, Deobligation and Termination,
and Reobligation) may be initiated. A Contract may also be subject
to termination for failure to meet the Contract obligations, and the
Department may elect not to provide future funds to the Administrator.
In such cases, the Administrator will be notified in writing of the
processes described in Tex. Gov't Code, Chapter 2105 and §1.411
of this title (relating to Administration of Block Grants under Chapter
2105 of the Tex. Gov't Code). These thresholds will be proportionally
reduced when the Contract Term is less than four years, although if
reasonable for the proposed Activities the Department may allow a
longer proportional period for the Environmental Assessment and the
30% reimbursement request.
(1) Six-Month Threshold. An Environmental Assessment
that meets the environmental clearance requirements of the Contract
must be submitted to the Department within six months from the start
date of the Contract;
(2) Twenty-Month Threshold. The Administrator must
have expended and submitted for reimbursement to the Department at
least 30% of the total CSHC funds awarded within 20 months from the
start date of the Contract;
(3) Thirty-two-Month Threshold. The Administrator must
have expended and submitted for reimbursement to the Department at
least 60% of the total CSHC funds awarded within 32 months from the
start date of the Contract; and
(4) Forty-four-Month Threshold. The Administrator must
have expended and submitted for reimbursement to the Department at
least 90% of the total CSHC funds awarded within 44 months from the
start date of the Contract.
(b) For purposes of meeting a threshold in this section,
"expended and submitted" means that a Draw request was received by
the Department, is complete, and all costs needed to meet a threshold
are adequately supported. The Department will not be liable for a
threshold violation if a Draw request is not received by the threshold
date.
(c) The final Draw Request and complete closeout documents
must be submitted no later than 60 days after the end of the Contract
Term. If closeout documents are not received by this deadline, the
remaining Contract balance may be subject to deobligation as the Department's
liability for such costs will have expired. If an Administrator has
reserved funds in the project completion report for a final Draw Request,
the Administrator has 90 days after the end of the Contract Term to
submit the final Draw Request, with the exception of the Department's
portion of audit costs which may be reimbursed upon submission of
the final Single Audit, but no later than one year after the end of
the Contract Term.
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