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Home My WebLink AboutContract 58046 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC No. 58046 CONTRACT NUMBER 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) Awarding Federal Agency: United States Department of Energy TDHCA Federal Award Number: DE-EE-7952 Award Year(Year of Award from DOE to TDHCA): 2022 Unique Entity Identifier Number: FXG4SWSNZKT9 SECTION 1. PARTIES TO THE CONTRACT This FY 2022 U. S. Department of Energy ("DOE") Weatherization Assistance Program Contract ("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 Fort Worth, a political subdivision of the State of Texas("Subrecipient"). SECTION 2. CONTRACT TERM This Contract shall commence on July 01, 2022, and, unless earlier terminated in writing, shall end on June 30,2023("Contract Term"). SECTION 3. SUBRECIPIENT PERFORMANCE A. Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.) ("WAP Act"), the Department of Energy Act as amended (42 U.S.C. §8621 et seq.) ("DOE Act"), the DOE implementing regulations codified in 10 CFR Parts 440 and 600 ("WAP Regulations"), any applicable Office of Management and Budget ("OMB") Circulars, Chapter 2306 of the Texas Government Code, the Texas DOE State Plan including the Department's Weatherization Health and Safety Plan, as revised from time to time, currently posted on the Department's website at https://www.tdhca.state.tx.us/community -affairs/wap/index.htm Texas Grant Management Standards (Chapter 783 of the Texas Government Code) ("TXGMS"), and the implementing State regulations at Title 10, Part I, Chapters 1 and 2 of the Texas Administrative Code and Title 10, Part I, Chapter 6, Subchapters A and D of the Texas Administrative Code, as amended or supplemented from time to time (collectively, "WAP State Rules"). The work will be completed in accordance with the International Energy Conservation Code and the minimum requirements set in the State of Texas adopted International Residential Code or in jurisdictions authorized by State law to adopt later editions. B. Subrecipient shall develop and implement a Weatherization Assistance Program ("WAP") on an equitable basis throughout its Service Area ( as defined in Exhibit A) in accordance with the terms of this Contract; the "Budget and Performance Statement" attached hereto as Exhibit A; the Documentation of Disability requirements attached hereto as Exhibit B; Materials and Work Standards attached hereto as Exhibit C;the Certifications attached hereto as Addendums A, B, and C; the Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA") Requirements attached hereto as Addendum D; the assurances, certifications, and all other statements made by Subrecipient in its application funding under this Contract; andwith all otherterms, provisions, and requirements herein set forth.All such exhibits, addendums, and certifications are incorporated herein for all relevant purposes. Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings of low-income persons.WAP services can be provided to owner occupied units as well as rental units. C. Priority will be given, in no particular order, to (1) Households with Elderly Persons as defined in WAP State Rules, (2) Persons with Disabilities as defined in Section 6.2 of the WAP State Rules, (3) Households with a Child that is age five (5) or younger, (4) Households with a high energy burden and/or (5) Households with high energy consumption. Before commencing any weatherization work, Subrecipient is required to complete energy audits. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 36 D. Subrecipient is responsible for providing services as required by the DOE Standard Work Specifications("SWS"). The SWS requirements for single-family homes, manufactured and multifamily housing can be accessed at hftps:Hsws.nrel.gov/. Failure to follow the SWS may cause payments to be withheld. E. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient by Department, which Department determines has resulted in an overpayment, is ineligible, or has not been spent in accordance with the terms of this Contract. Subrecipient shall make such refund no later than the date specified in the notice that repayment is required, but if no date is specified, within fifteen (15)calendar days. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this Contract,Department must reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in an amount up to $349,028.00 as specified in the "Budget and Performance Statement," attached hereto as Exhibit A and the terms of this Contract. B. Department's obligations under this Contract are contingent upon the actual receipt and availability by Department of adequate 2022 DOE WAP federal funds. 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 may 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. C. Per Section 6.405 of the WAP State Rules, the Department reserves the right to deobligate funds under this Contract. Any decision to obligate additional funds or deobligate funds shall be made in writing by Department in its sole but reasonable discretion based upon the status of funding under grants to Department and Subrecipient's overall compliance with the terms of this Contract. D. Department is not liable for any cost incurred by Subrecipient which: (1) is incurred to weatherize a "dwelling unit" as defined in 10TAC §6.2(b)(21) ("Dwelling Unit" or "Dwelling Units")which is not an eligible"dwelling unit"as defined in Section 440.22 of the WAP Regulations; (2) is incurred to weatherize a Dwelling Unit which is designated for acquisition or clearance by a federal, state, or local program within twelve months from the date weatherization of the dwelling unit is scheduled to be completed; (3) is incurred to weatherize a Dwelling Unit previously weatherized with WAP funds, except as provided for in Section 440.18(e)(2) of the WAP Regulations; (4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 8 of this Contract; (5) is not incurred during the Contract Term; (6) 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; (7) is subject to reimbursement by a source other than Department; (8) is made in violation of any provision of this Contract or any provision of federal or state law or regulation, including, but not limited to,those enumerated in this Contract; or (9) are services that do not meet the standard set forth in hops://svvs.nrel.gov/. E. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for eligible costs incurred or performances rendered for activities specified in the WAP Act and Section 8 of this Contract. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. Each month, Subrecipient may request an advance payment of WAP funds under this Contract. Subrecipient's request 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. Page 2 of 36 B. The timing and amount of cash advances shall be as close as administratively feasible, not to exceed a thirty (30) calendar day projection of the actual disbursements by the Subrecipient to direct program costs and the proportionate share of any allowable indirect costs. C. Subsection 4(A) of this Contract notwithstanding, the Department reserves the right to use a modified cost reimbursement method of payment for all funds, 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)Department determines that Subrecipient has maintained excess cash balances; (2) Department identifies any deficiency in the cash controls or financial management system maintained by Subrecipient; (3) Department identifies any deficiency in the quality of weatherization work performed by Subrecipient; (4) Department determines that a modified cost reimbursement method would benefit the program; (5) Department's funding sources require the use of a modified cost reimbursement method; or (6) Subrecipient fails to comply with any of the reporting requirements of Section 10 of this Contract. D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible Dwelling Units of the WAP and for the payment of the allowable expenditures identified in Section 8 of this Contract. 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. SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS A. ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES. Uniform cost principles for political subdivisions are set forth in 2 CFR Part 200. Except as expressly modified by law or the terms of this Contract, Subrecipient shall also comply with the cost principles and uniform administrative requirements set forth in the TXGMS. All references therein to "local government" shall be construed to mean Subrecipient. B. AUDIT REQUIREMENTS. 2 CFR Part 200, Subpart F, sets forth audit standards for governmental organizations expending Federal funds. The expenditure threshold of federal or state funds requiring an audit is$750,000. C. 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. 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 immediately after the Contract Term, Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60) calendar days after the Subrecipient's fiscal year end. F. WAP PLAN SUBMISSION. The Subrecipient must review and comply with the changes noted in the Weatherization Memorandum 075: Weatherization Assistance Program Reauthorization Impacts for State Plan Submission, issued on January 8, 2022. It can be found here: hftps://www.energy.gov/node/4720894. Page 3 of 36 G. 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 underthe 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. SECTION 7. TERMINATION AND SUSPENSION A. TERMINATION. Pursuant to Sections 2.203 of the WAP State Rules, Department may terminate this Contract, in whole or in part, at any time Department determines that there is cause for termination. Causefor 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. B. 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, health and safety concerns,or other deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract. C. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this Contract. D. WITHHOLDING OF PAYMENTS. 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. 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 WAP, or a reduction in the original allocation of funds to Subrecipient. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in accordance with this Contract and the regulations set forth in Section 440.18 of the WAP Regulations, subject to the limitations and exceptions set forth in this Section 8. B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase of weatherization materials. All weatherization measures installed must be justified according to the approved DOE priority list or an approved State of Texas Energy Audit savings-to-investment ratio("SIR") of one or greater unless otherwise indicated as health and safety or incidental repair items.Weatherization measures installed shall begin with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending order to the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved. Weatherization measures installed that were justified by the approved DOE priority list shall be installed according to the order of the DOE priority list. Subrecipient shall weatherize eligible Dwelling Units using only weatherization materials which meet or exceed the standards prescribed by DOE in Appendix A of Part 440 of the WAP Regulations, the current adopted versions of the SWS, and State of Texas adopted International Residential Code ("IRC") or C. Allowable WAP expenditures under this Contract include: Page 4 of 36 (1) purchase and delivery of weatherization materials as defined in Section 440.3of the WAP Regulations, but not to include storm doors; (2) weatherization materials and labor for allowable weatherization energy conservation measures (air and duct infiltration, window and doors, insulation, HVAC and base load reduction measures, etc.) if such will result in improved energy efficiency as demonstrated by SIR of one or better in the approved State of Texas Energy Audit, or justified by the approved DOE priority list, and, whenever available, heating and cooling systems must have an Energy Star rating; (3) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; (4) maintenance,operation,and insurance of vehicles used to transport weatherization materials; (5) maintenance of tools and equipment; (6) purchase of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by DOE); (7) employment of on-site supervisory personnel; (8) storage of weatherization materials,tools, and equipment; (9) incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs are necessary for the effective performance or preservation of weatherization measures (If incidental repairs are required, the cost of incidental repair measures charged to WAP funds awarded under this Contract shall not exceed the cost of weatherization measures charged to WAP funds and shall have a whole house SIR of one (1) or greater on the approved State of Texas Energy Audit, or shall not exceed the approved DOE priority list incidental repair threshold.); and (10) allowable health and safety measures. D. Health and Safety funds not expended may be moved to the labor, materials, and program support category. These changes will require a contract action; therefore, Subrecipient must provide written notification to the Department at least forty-five (45) calendar days prior to the end of the Contract Term before these funds can be moved. E. 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 and Performance Statement" attached hereto as Exhibit A. Allowable administrative costs may include reasonable costs associated with Subrecipient's administrative personnel, travel office space, equipment, and supplies which are necessary for the administration of WAP. Administrative costs are earned based upon the allowable percentage of total allowable expenditures, excluding the allowance for Department/DOE Training Travel orspecial equipment purchases. Subrecipient may use any or all of the funds allowed for administrative purposes under this Contract for the purchase and delivery of weatherization materials. These changes will require a contract action; therefore, Subrecipient must provide written notification to the Department at least forty-five(45) calendar days prior to the end of the Contract Term before these funds can be moved. F. The cost of liability insurance charged to the weatherization program for personal injury and for property damage,shall not exceed Two Thousand and No/100 Dollars($2,000.00)and shall be an allowable WAP expenditure under the"Budget and Performance Statement"attached hereto as Exhibit A. G. Fiscal audit expenses charged to the weatherization program shall not exceed One Thousand and/No Dollars ($1,000.00) and shall be allowed under the "Budget and Performance Statement" attached hereto as Exhibit A, subject to Section 14 of this Contract, Procurement Standards. H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize Dwelling Units under the direction of qualified supervisors. SECTION 9. RECORDKEEPING REQUIREMENTS A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth at Section 440.24 of the WAP Regulations and Section 1.409 of the WAP State Rules and with such additional record keeping requirements as specified herein by Department. Page 5 of 36 B. FILE DOCUMENTATION. For each dwelling unit weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a file containing the following information, including the following Department forms found in the Community Affairs Division section of the Department 's website at http://www.tdhca.state.tx.us/community-affairs/wap/gui dance.htm#forms: (1) Signed and completed Application for Weatherization Services indicating the ages of the residents, presence in the Household of a Child/children age five (5) or younger, Elderly Persons (60 years or older), as defined in the WAP State Rules, and Persons with Disabilities as defined in the WAP State Rules. Date of Application for Weatherization Services and associated documents must be within 12 months of the start date indicated on the building weatherization report("BWR"); (2) Twelve month consumer billing history for utilities; (3) Consumption disclosure release form(for access to consumption data for use in surveys and studies); (4) Eligibility and Eligibility documentation: a. Subrecipient should follow 10 TAC§6.4 for income determination. b. Subrecipient shall document/verify Household income for the thirty (30) calendar days preceding their application for all Household members eighteen (18) years and older, or use a 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 customer statement of efforts to obtain documentation of income with a notarized customer signature. Proof of income documentation requirements are the same for both single and multifamily housing, unless the building is funded by the U.S. Department of Housing and Urban Development ("HUD") and verified by DOE in accordance with WPN 22-5, that the building meets certain income eligibility and may meet other WAP requirements without the need for further evaluation or verification. Subrecipient must obtain written permission from the Department if weatherizing a large multifamily building with twenty-five (25) or more Dwelling Units or a shelter in accordance with 10 TAC§6.414. c. Subrecipient must follow 10TAC §6.406(e)(1) and (2) regarding Household Status Verification as directed on the Department website at hftps://www.tdhca.state.b(.us/community-affairs/save.htm Household Status verification is not required if weatherizing public facilities or multi-unit buildings. d. No Dwelling Unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defined in Section 440.22 of the WAP Regulations; (5) BWR to include Quality Control Inspector - Final Inspection Certification Form and Justification for Omission of Priorities if applicable; (6) Invoices of materials purchased and/or inventory removal sheets; (7) Invoices of labor; (8) If a rental unit, Landlord Agreement form, Landlord Financial Participation form and Landlord Permission to Perform Assessment & Inspections for Rental Units" form and all other landlord forms found in the Community Affairs Division section of the Department's website at https://www.tdhca. state.tx.us/community- affairs/wap/docs/10-WAPLandlord.pd ; (9) "Notice of Denial and Appeal Rights,"if applicable; (10) Signed and dated "Building Assessment" form that contains complete Energy Audit Data and required information outlined within TAC§6.416; (11) "Attic/Wall Inspection"form(local design allowed); (12) Documentation of pre weatherization carbon monoxide readings for all combustible appliances; (13) Documentation of post weatherization carbon monoxide readings for all combustible appliances; (14) "Blower Door and Duct Blower Performance Standards and Data Sheet"; (15) Refrigerator metering information; (16) Signed client"Refrigerator Replacement Form"(if applicable); (17) Completed,signed and dated"Priority List"form(if applicable); (18) A complete copy of the approved State of Texas Energy Audit or completed, signed, and dated "Priority List form"(as applicable); (19) A complete electronic copy of the approved State of Texas Energy Audit(if applicable); Page 6 of 36 (20) Signed client receipt of the "Unified Weatherization Elements Notification Form" that includes Lead Hazard information, identification of Mold Like Substance, and State Historical Preservation information; (21) Signed client receipt of"Mold-Like Substance Notification and Release Form for Texas Weatherization Programs"(if applicable); (22) Work Order; (23) A completed and signed Quality Control Inspector("QCI") Final Inspection Certification Form; (24) Pre/Post-ASHRAE Printout(RedCalc); (25) Radon Informed Consent Form; and (26) Client Education verification signed and dated by client and staff C. MULTIFAMILY MASTER FILE. If WAP funds from this Contract are used for each multi-family project,Subrecipient shall maintain a master file containing the following information: (1) "Multifamily Project Building Data Checklist'; (2) "Multifamily Project Completion Checklist"(by a multifamily Quality Control Inspector); (3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units"; (4) "Landlord Agreement"form; (5) "Landlord Financial Participation Form";and (6) Significant Data Required in all Multifamily Projects. D. MATERIAL STANDARDS. Materials standards documentation for weatherization materials purchased under this Contract must be maintained. These standards must meet the requirements according to Appendix A of Part 440 of the WAP Act. E. ACCESS TO RECORDS. Subrecipient shall give the federal and state funding agencies, the Comptroller General of the United States, and Department access to and the right to reproduce all records pertaining to this Contract. All such records shall be maintained for at least three years after final payment has been made and all other pending matters are closed and in accordance with Sections 600.153 and 600.642 of the WAP Regulations. Subrecipient shall include the requirements of this Subsection E in all subcontracts. F. OPEN RECORDS. All WAP records maintained by Subrecipient, except records made confidential by law, shall be available for inspection by the public during Subrecipient's normal business hours to the extent required by the Texas Public Information Act (Chapter 552 of the Texas Government Code). 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. G. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full household assessment addressing all possible allowable weatherization measures. H. RECORD RETENTION. All records pertinent to this Contract shall be retained by Subrecipient for a period of three (3) years except if any litigation, claim, negotiation, audit, monitoring, inspection or other action has started before the expiration of the required record retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. SECTION 10. REPORTING REQUIREMENTS A. PERFORMANCE AND EXPENDITURE REPORT. By the 15th of each month, Subrecipient shall electronically submit to Department a performance report listing demographic information on all units completed in the previous month and an expenditure report listing all expenditures of funds under this Contract during the previous month. These reports are due even if Subrecipient has no new activity to report during the month. Page 7 of 36 B. 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 expenditure and programmatic report. The failure of Subrecipient to provide a full accounting of all funds expended under this Contract may result in the termination of this Contract and ineligibility to receive additional funds or additional contracts. 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. 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 or more and/or a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program contracts. The inventory shall reflect the vehicles, tools, and equipment on hand as of the last day of the Contract Term. D. UNIT DATA. Subrecipient shall update the Previously Weatherized Units database no later than fifteen (15) calendar days after the end of each month of the Contract Term for units weatherized under this Contract. E. OTHER REPORTS. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be required by DOE pursuant to Section 440.25 of the WAP Regulations, by the U.S. Department of Energy Internal Auditor, by Department, by the Texas State Auditors Office, or by contractors or agents under the direction of such government entities, or by auditors working with such government entities. 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, withhold or suspend any or all payments otherwise due or requested by Subrecipient hereunder, and/or initiate proceedings to terminate this Contract. G. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with a Unique Entity Identifier ("UEI") number and a Central Contractor Registration ("CCR") System number to be used as the Unique Entity Identifier Number on all contracts and agreements. The UEI 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 website at https://www.sam.aov website. These documents must be provided to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current UEI 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. 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 11 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 Contract amendment must be received by the Department in accordance with the requirements in accordance with Section 6.3 of the WAP State Rules. Page 8 of 36 SECTION 12. 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 in accordance 2 CFR §200.80 and 10 CFR §600.124. Unexpended Program income must be returned to the Department at the end of the Contract Term . Program income that is received after the end of the Contract Term must be returned to the Department within ten (10)calendar days. SECTION 13. INDEPENDENT SUBRECIPIENT It is agreed that Department is contracting with Subrecipient as an independent contractor. SECTION 14. PROCUREMENT STANDARDS A. Subrecipient shall comply with 2 CFR Part 200, 10 CFR§600.236(b-i), 10 TAC§1.404 and TXGMS. 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. All vehicle purchases must have the prior written approval from the Department and DOE. SECTION 15. SUBCONTRACTS A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to evaluation of the household under 10 TAC §1.410, §6.4, and §6.406, expenditure and performance reporting, and drawing funds through the Community Affairs Contract System. Subrecipient may subcontract for the delivery of weatherization activities without obtaining Department's prior approval. Any subcontract for the delivery of weatherization activities will be subject to monitoring by the Department as per Section 19 of this Contract. Subrecipient shall inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and workmanlike manner. Subrecipient shall make no payment to subcontractor until all work is complete and has passed a final inspection. B. In no event shall any provision of this Section 15, 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 hereunder 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 hereunder does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. C. Every initial assessment, every approved State of Texas Energy Audit or completed Priority List, and every final inspection is the sole responsibility of the Subrecipient. Subrecipient may request in writing that the Department permit the Subrecipient to subcontract the performance of assessments, audits and final inspections. The Department will review each request separately to determine whether the request will be granted. SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000 or more and/or a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program Contracts, are not assets of either the Subrecipient or the Department but are held in trust for the Weatherization Assistance Program and as such are assets ofthe Weatherization Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one year and an acquisition cost of $5,000 or more per unit must receive prior approval from the Department before the purchase is made. Page 9 of 36 B. Subrecipient shall develop and implement a property management system, which conforms to the uniform administrative requirements referenced in Section 6 of this Contract. Subrecipient shall not use, transfer, or dispose of any property acquired in whole or in part with funds provided under this or a previous weatherization assistance program contract except in accordance with its own property management system. C. Upon termination or non-renewal of this Contract, the Department may transfer the title of equipment to a third party named by the Department. Such a transfer shall be subject to the following standards: (1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in writing. (2) The Department will issue disposition instructions after receipt of final inventory. D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of$5,000 or more. E. In addition to the inventory of vehicles, tools, and equipment required under Section 16 of this Contract, Subrecipient shall take a physical inventory of all WAP materials and shall reconcile the results with its property records at least once every year. Any differences between quantities determined by the inventory and those shown in the property records shall be investigated by Subrecipient to determine the cause of the difference. SECTION 17. BONDING AND INSURANCE REQUIREMENTS A. If Subrecipient will enter in to a contract for weatherization activities 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 enters into a 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 WAP activities. B. Subrecipient is a "Governmental Unit' 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. C. Subrecipient should review existing policies to determine if lead contamination is covered. If it is not,Subrecipient should consider securing adequate lead coverage for all construction projects. Additional liability insurance costs may be paid from administrative funds subject to the limitations set forth in Sections 8(F)and 8(G) of this Contract. D. Subrecipient should consider securing adequate coverage for all units to be weatherized.Additional liability insurance costs may be paid from administrative or program support categories. 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 Subrecipient should get a legal opinion regarding the best course to take for implementing the pollution occurrence insurance coverage. E. Subrecipient must also require all contracting independent subcontractors to have general liability insurance. If pollution occurrence insurance is elected by the Subrecipient, this insurance coverage must apply for its independent subcontractors or the independent subcontractors must obtain the coverage. Page 10 of 36 SECTION 18. 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 19. TECHNICAL ASSISTANCE AND MONITORING A. Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract. Installation of weatherization materials shall be in accordance with the SWS and State of Texas adopted International Residential Code ("IRC") or jurisdictions authorized by State law to adopt later editions. B. 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 orsuspend 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 20. 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 authorized by Subrecipient to execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to all 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 for performance of the provisions of this Contract, if the Department has terminated this Contract for reason enumerated in this Section 20. D. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract upon the liquidation, termination, dissolution, merger, consolidation or failure 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. Page 11 of 36 SECTION 21. COMPLIANCE WITH LAWS A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the WAP Act, WAP Regulations, any applicable Office of Management and Budget ("OMB") Circulars, the Texas DOE WAP State Plan; the WAP State Rules, 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 Certification Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B that it is implementing the Drug-Free Workplace Act of 1988 (41 USC §701, et seq.) and HUD's implementing regulations including,without limitation,2 CFR Parts 182 and 2429. C. LIMITED ENGLISH PROFICIENCY CLEP"). Subrecipient must provide program applications,forms, and educational materials in English, Spanish, and any other appropriate language, based on the needs of the Service Area and in compliance with the requirements in Executive Order 13166 of August 11, 2000 reprinted at 65 F.R 50121, August 16, 2000 Improving Access to Services with LEP at 67 F.R. 41455. To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with LEP have meaningful access to the program. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. D. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation for disability, medical records or any other medical information in the course of administering the DOE program, Subrecipient shall comply with the Protected Health Information state and federal laws and regulations, as applicable, under 10 TAC §1.24, Chapter 181 of the Texas Health and Safety Code, the Health Insurance Portability and Accountability Act of 1996 ("HIPAX) (Pub.L. 104-191, 110 Stat. 1936, enacted August 21, 1996)the HIPAA Privacy Rules(45 CFR Part 160 and Subparts A and E of 45 CFR Part 164). 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 Development Owner 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 Development Owner hereby agrees and acknowledges that upon termination, Development Owner's rights to any funds shall be terminated. F. 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. Page 12 of 36 (2) Subcontracts. Subrecipient must incorporate this prohibition in any contract and require its contractors to incorporate this requirement into any contract. G. INFORMATION SECURITY AND PRIVACY REQUIREMENTS (1) General. Subrecipient shall comply with the information security and privacy requirements under 10TAC §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. H. 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. I. CLEAN AIRACTAND THE FEDERALWATER POLLUTION CONTRAL ACT. Subrecipient represents andwarrants 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). SECTION 22. PREVENTION OF 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 internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective management of all program and fiscal activities funded by this Contract. Subrecipient's internal control systems and all transactions and other significant events must be clearly documented and the documentation made readily available for review by Department. C. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the weatherization program. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any identified instances of waste,fraud, or abuse. 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 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient certifies that it, 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 120th day after the date the Department notifies Subrecipient of the violation. Page 13 of 36 SECTION 24. 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. 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. In addition, the written standards must meet the requirements in 2 CFR §200.318. 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. If Subrecipients is a local governmental entity in addition to the requirements of this Section 24, Subrecipient shall 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 that performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED A. None of the funds 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. None of the funds provided under this Contract shall 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 Development 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. Page 14 of 36 SECTION 26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. NON-DISCRIMINATION. 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), (ii) Fair Housing Act (42 U.S.C. §3601 et seq.), and (iii) 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. 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 26 in all subcontracts. SECTION 27. 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 28. TRAINING AND TECHNICAL ASSISTANCE FUNDS A. TRAINING. Training and technical assistance funds shall be used for State sponsored, DOE sponsored, and other relevant workshops and conferences provided the agenda includes topics directly related to administering WAP in accordance with Section 6.9 of the WAP State Rules. B. TRAVEL. Travel funds are to be used only for Department-approved training events. Subrecipient shall adhere to 2 CFR Part 200 and either its board-approved travel policy, or in the absence of such a policy,the State of Texas travel policies. 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. SECTION 29. MAINTENANCE OF EFFORT Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source, nor may they 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. Page 15 of 36 SECTION 30. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES A. DEBARRED AND SUSPENDED PARTIES. By signing this Contract, Subrecipient certifies that neither it nor its current principle parties 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 C 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 C, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not make any award provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4 or which 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. Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors. Subrecipient may rely upon a certification of a prospective 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 C 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 anytime 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 C, without modification, and this language under this Section 30, 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. SECTION 31. 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; neither 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 32. 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 36 (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 Debarment, Suspension and Other Responsibility Matters (4) Addendum D, PRWORA Requirements (5) Exhibit A, Budget and Performance Statement (6) Exhibit B, Documentation of Disability (7) Exhibit C, Materials and Work Standards SECTION 33. SEVERABILITY If any section or provision portion of this Contract is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of it shall remain valid and binding. SECTION 34. HISTORICAL PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (16 U.S.C. 470) ("NHPA"). The Department has provided guidance through the best practice document posted on the Department 's website at hftip://www.tdhca.state.b(.us/community-affairs/waD/docs/WAP-B P-H istori cP res FI owch a rt.Ddf. SECTION 35. 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 36. APPEALS PROCESS In compliance with the WAP 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 Section 6.8 of the WAP State Rules. SECTION 37. 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. SECTION 38. 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 pandemic, 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 36 SECTION 39. 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 40. 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 41. COUNTERPARTS AND FACSIMILIE 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 42. NUMBER, GENDER Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words shall include the plural. SECTION 43. 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, Director of Community Affairs Telephone: (512)475-2125 Fax: (512)475-3935 michael.deyoung@tdhca.state.b(.us As to Subrecipient: City of Fort Worth 200 Texas Street Annex, 3rd Floor Fort Worth, TX 761026312 Attention: Fernando Costa,Assistant City Manager Telephone: (817)392-6122 Fax: (817)392-6134 Email:fernando.costa@fortworthtexas.gov B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service,orfive(5)calendar 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 43. SECTION 44. 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. Page 18 of 36 SECTION 45. COPYRIGHT Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this Contract. If copyrighted materials are developed in the under this Contract, the Department and DOE 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 46. ASSIGNMENT This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written consent and agreement of Department, which consent may be withheld in Department's sole but reasonable discretion. SECTION 47. SPECIAL CONDITIONS A. APPLICATIONS. Subrecipient shall accept applications for WAP benefits at sites that are geographically accessible to all households in the Service Area. Subrecipient shall provide elderly and disabled individuals the means to submit applications for WAP benefits without leaving their residence or by securing transportation for them to the sites that accept such applications. B. ADDITIONAL TERMS AND CONDITIONS. Reserved for EARAC Conditions,if any. SECTION 48. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS The program applications for WAP benefits must provide a space for applicants to indicate if they are a veteran as required by Section 434.214 of the Texas Government Code. In addition, the application must include the following statement: "Important Information for Former Military Services Members. Women and men who served in any branch of the United States Armed Forces, including Army, Navy, Air Force, Marines, Coast Guard, Reserves or National Guard, may be eligible for additional benefits and services. For more information please visit the Texas Veterans Portal at https://veterans.portal.texas.gov/. SECTION 49. 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 50. 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 51. 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 52. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZTIONS, CHARIABLE TRUSTS,AND PRIVATE FOUNDATIONS Subrecipient represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. Page 19 of 36 SECTION 53. 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. SECTION 54. 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 OUTOF, 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 EXECUTED to be effective on: 7/1/2022 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: August 24, 2022 9:49 am DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Wilkinson Title: Its duly authorized officer or representative Date:August 25, 2022 7:56 am Page 20 of 36 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: Name: Fernando Costa Title: Assistant City Manager CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration By: of this contract, including ensuring all performance Name: Victor Turner and reporting requirements. Title: Director neighborhood Services By: Amy Connoll Aug 31,2092 11:07 CDT) Name: Amy Connolly Approved as to Form and Legality: Title: Assistant Director, Neighborhood Services �l- By: City Secretary: Name: Jessika Williams Title: Assistant City Attorney dd By: J ette S.Goodall(Aug 31,2022 16 CDT) Name: Jannette S. Goodall Contract Authorization: Title: City Secretary Xo' FORr � M&C: 21-0714 pF°°°°°°°°°�y d ° °o �� vo 0 ° ° C. YY�� ° °°�T y� 0 0000000 L7 PBX ASaaa OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 21 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) ADDENDUM A CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS City of Fort Worth 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, 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 and not more than $100,000 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 and not more than $100,000 for each such failure. SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: August 24, 2022 9:49 am Page 22 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) ADDENDUM B Certification Regarding Drug-Free Workplace Requirements City of Fort Worth a political subdivision of the State of Texas 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 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 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 36 Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include street address, city, county, state, zip code): City of Fort Worth 200 Texas Street Annex, 3rd Floor Fort Worth, TX 761026312 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon award, if there is no application, the Subrecipient must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the Subrecipient's drug-free workplace requirements. This certification is a material representation of fact upon which reliance is placed when the Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, Department, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: August 24, 2022 9:49 am Page 24 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) ADDENDUM C CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS City of Fort Worth a political subdivision of the State of Texas 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 Period or during the recordkeeping period that: (1) Is in connection with this award; (2) Reached its final disposition during the most recent five year period; and (3) Is one of the following: i. A criminal proceeding that resulted in a conviction, as defined below; ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more; iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damage in excess of$100,000; 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) - (iii) of this award term and condition; 2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and 3. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. (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, Page 25 of 36 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 -Subcon tracts/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 Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: August 24, 2022 9:49 am Page 26 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) ADDENDUM D PRWORA Requirements City of Fort Worth a political subdivision of the State of Texas If an individual is applying for WAP funds, a Subrecipient must verify that the individual applying for WAP 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. sec.., 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), https:Hsave.uscis.aov/web/media/resourcesContents/SAVETutorial.Ddf, 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 27 of 36 (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/about-us/contact- us; (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)(PL- 113-283, as amended) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the internal processing of records received by either agency under the terms of this Contract; (k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s) without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/her may do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at https://www.everify.gov/sites/default/files/everify/factsheets/Howto CorrectYourRecordsE-VerifyFactSheet.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 https://www.everify.gov/sites/default/files/everify/ facts heets/HowtoCorrectYourRecordsE-VerifvFactSheet.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. (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;" Page 28 of 36 (d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; (e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and /or site visits to review Subrecipient's compliance with this Addendum D 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 Addendum D and the SAVE Program requirements by its authorized agents or designees; (i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of this Addendum D, 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. (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 Page 29 of 36 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 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 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 (6) Certification. The undersigned hereby certifies to the Department that all information herein is true and correct to the best of their knowledge and belief. The purpose of this statement is to certify that City of Fort Worth(Subrecipient): ❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute and affiliated with a state or governmental entity (such as a housing finance agency, public housing authority, unit of local government, council of governments, county, etc.) Certification must have the signature from a representative with authority to execute documents on the Subrecipient's behalf. I certify that I understand that fines and imprisonment up to five years are penalties for knowingly and willingly making a materially false, fictitious, or fraudulent statement or entry in any matter under the jurisdiction of the federal government(18 U.S.C. Sec. 1001). SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: August 24, 2022 9:49 am Page 30 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $324,028.00 DOE WAP FUNDS CURRENTLY AVAILABLE $25,000.00 TRAINING&TECHNICALASSISTANCE FUNDS CURRENTLY AVAILABLE $324,028.00 TOTAL ANTICIPATED DOE WAP FUNDS $25,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via written amendment(s). Funds shall be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES FUNDS Administration $43,629.00 Liability/Pollution Occurrence Insurance $5,817.00 Fiscal Audit $1,000.00 Materials/Program Support/Labor $216,307.00 Health and Safety $38,172.00 Work Readiness $19,103.00 SUB-TOTAL $324,028.00 Training and Technical Assistance $25,000.00 TOTAL $349,028.00 Page 31 of 36 FOOTNOTES TO BUDGET Denotes that the Subrecipient must request in writing any amendment needed to a budget category before TDHCA will make any amendments. The only categories that can be reduced are the Administration, Insurance, Fiscal Audit, Training and Technical Assistance and/or the Health and Safety categories. Denotes maximum dollar amount permitted for administration based on 12.50% of the total allowable expenditures. Denotes maximum $2,000 for liability insurance and the remaining balance for pollution occurrence insurance. Denotes the maximum allowed for Health and Safety expenditures. PERFORMANCE AND SERVICE AREAS Subrecipient's service area consists of the following Texas counties("Service Area"): TARRANT Work orders must be submitted to weatherization contractors no later than June 30, 2023for anyweatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than June 30, 2023. Grantees are advised that any weatherization work must be completed and inspected, and all necessary monitoring and follow-up activities must be completed, by the performance period end date of the contract. If costs are incurred after the performance period, these costs must be covered by another funding source. The following exception is minimal administrative costs that may be insurred within 45 days after the performance period end date for closeout and final reporting. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide WAP activities sufficient to expend the Contract funds during the Contract Term. WAP costs per Dwelling Unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed$8,009 total cost per Dwelling Unitnit without prior written approval from the Department. The cumulative total cost per Dwelling Unit (materials, labor, and program support), shall not exceed the maximum allowable by end of the Contract Term. Subrecipient has a federally approved indirect cost rate of 0.00%. Page 32 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT B DOCUMENTATION OF DISABILITY City of Fort Worth a political subdivision of the State of Texas 1. All WAP repairs, purchases and/or replacements of heating/cooling units are allowable only for eligible units for which a whole house assessment has been completed and either health and safety issues documented, or an approved Priority List, or Energy Audit showing a Savings-to-Investment Ratio of 1 or greater for the repair, purchase and/or replacement has been completed. No other reason for repair, purchase and/or replacements, including medical reasons,shall be accepted. Under NO CIRCUMSTANCES should clients' medical information be collected or kept by Subrecipient. 2. Except if required by federal law, documentation of disability must NOT include protected health information as defined in the Texas Health and Safety Code, Subtitle I, Chapter 181. Page 33 of 36 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56220003755 FOR THE FY 2022 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) EXHIBIT C MATERIALS AND WORK STANDARDS City of Fort Worth a political subdivision of the State of Texas 1. Subrecipient shall weatherize eligible Dwelling Units using only weatherization materials which meet or exceed the standards prescribed by DOE in Appendix A of 10 CFR Part 440. 2. All weatherization measures installed shall meet or exceed the standards prescribed by DOE in Weatherization Program Notice (WPN) 22-4 regarding Quality Work Plan and Standard Work Specifications("SWS"). SWS is required on every unit. 3. All weatherization work must be performed in accordance to the DOE-approved Priority List or DOE-approved energy audit procedures, 10 CFR Part 440, Appendix A, State of Texas adopted International Residential Code(or that of jurisdictions authorized by State law to adopt later editions). 4. Subrecipient will include the substance of this Exhibit C in all subcontracts. Official site of the City of Fort Worth,Texas Page 34 of 36 RT WORTH CITY COUNCIL AGENDA Fo Create New From This M&C DATE: 8/23/2022 REFERENCE NO.:""M&C 22-0629 LOG NAME: 19NSTDHCA-DOE2022 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: (ALL)Authorize Acceptance of 2022 United States Department of Energy Weatherization Assistance Program Grant Funds, a Federally Funded Program Sponsored by the United States Department of Energy Designed to Provide Assistance for Low to Moderate Income Residents to Perform Home Modifications to Reduce Overall Energy Costs from the Texas Department of Housing and Community Affairs in an Amount Up to $500,000.00, Authorize Execution of Related Contracts,Waive Indirect Costs, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of United States Department of Energy Weatherization Assistance Program grant funds from the Texas Department of Housing and Community Affairs for the 2022 Weatherization Assistance Program in an amount up to $500,000.00; 2. Authorize the execution of related contracts, including any amendments, extensions and renewals, in accordance with City policies and regulations, with the Texas Department of Housing and Community Affairs for the grant funds for the program year beginning on July 1, 2022 and ending on June 30, 2023; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount up to $500,000.00, for the purpose of funding the 2022 Weatherization Assistance Program; and 4. Waive indirect costs in the amount of $11,497.85. DISCUSSION: The City of Fort Worth (City) has operated the Weatherization Assistance Program (WAP)with grant funds from the Texas Department of Housing and Community Affairs(TDHCA)since 1982. This funding is in addition to the Low Income Housing Energy Assistance Program funds provided by TDHCA, which has provided approximately$765,104.00 in funding for the current program year. The program provides weatherization services for low-income residents in Tarrant County.Weatherization measures include attic insulation, weather stripping, caulking, repair and replacement of windows and doors and other minor repairs.Administrative costs are restricted to 10 percent based on the total allowable expenditures for the WAR The City has weatherized approximately 82 houses with funding from this grant between June 2019 to July 2022 and will target the completion of 35 houses in 2022-2023. A waiver by the City of indirect costs will maximize program benefits. The 2022 United States Department of Energy Weatherization Assistance Program grant provides for 1.25 full time positions with estimated direct salaries of$66,500.00. The addition of indirect costs would result in reduction of services and staff. The estimated indirect cost to be waived is$11,497.85. This program services ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to expenditures being incurred, Neighborhood Services has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) Page 35 of 36 Submitted for City Manager's Office by: Fernando Costa(6122) Originating Department Head: Victor Turner(8187) Additional Information Contact: Eric Vodicka(7583) ATTACHMENTS 19NSTDHCA-DOE2022 21001.docx (Public) Page 36 of 36