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HomeMy WebLinkAboutContract 58637 CSC No. 58637 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 3 TO CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) Awarding Federal Agency: United States Department of Health and Human Services TDHCA Federal Award Number: 2201TXLIEA Award Year(Year of Award from HHS to TDHCA): 2022 Unique Entity Identifier Number: FXG4SWSNZKT9 This Amendment No. 3 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program "WAP" Contract Number. 81220003605 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") hereinafter collectively referred to as"Parties". RECITALS WHEREAS, the Department and Subrecipient, respectively, executed FY 2022 LIHEAP WAP Contract Number 81220003605 and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1. Section 2. CONTRACT TERM of this contract is hereby amended and replaced in its entirety to read as follows: This Contract shall commence on January 01, 2022, and, unless earlier terminated, shall end on March 31,2023("Contract Term"). 2. Section 3. D. SUBRECIPIENT PERFORMANCE, of this contract is hereby amended and replaced in its entirety to read as follows: Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings of "Households" that are "Low-Income". WAP services will be provided to owner occupied units as well as rental units. Priority will be given to in no particular order (1) Households with "Elderly Persons", (2) "Persons with Disabilities", (3) Households with young children that are age five (5) or younger, (4) Households with a "High Energy Burden", and/or (5) Households with "High Energy Consumption", as said terms are defined in 10 TAC § 6.2. Subrecipient is allowed to perform weatherization measures as detailed in LIHEAP Priority List, Exhibit B of this Contract. If Subrecipient leverages LIHEAP with any DOE weatherization funds, all federal and state DOE rules and requirements will apply including but not limited to income calculation requirements as outlined in Department of Energy Weatherization Program Notice 18-3 or updated Income Determination Notice in accordance with the State Rules. The work will be completed in accordance with the current adopted versions of Standard Work Specifications ("SWS")and IRC specifications. OFFICIAL RECORD CITY SECRETARY Page 1 of 4 FT.WORTH,TX 3. Section 8. B. ALLOWABLE EXPENDITURES, of this contract is hereby amended and replaced in its entirety to read as follows: To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase of weatherization materials. Subrecipient shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by DOE in Appendix A to Part 440 of the WAP Regulations, current adopted versions of Standard Work Specifications ("SWS") and State of Texas adopted IRC or jurisdictions authorized by State law to adopt later editions. 4. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. 5. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract void by law. 6. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. 7. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the same counterpart. 8. If any of the Parties returns a 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. 9. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. 10. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. 11. This Amendment shall be effective and memorializes an effective date of November 15, 2022. WITNESS OUR HAND EFFECTIVE: November 15, 2022 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: December 7, 2022 8:58 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: December 7, 2022 9:56 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 3 TO CONTRACT NUMBER 81220003605 FOR THE FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $963,104.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $963,104.00 TOTAL ANTICIPATED LIHEAP FUNDS $2,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS CATEGORIES FUNDS 2 Administration $69,584.00 3 Materials/Program Support/Labor $734,816.00 4 Health and Safety $158,704.00 SUB-TOTAL $963,104.00 5 Training and Technical Assistance $2,000.00 TOTAL $965,104.00 Page 3 of 4 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. The only categories that can be reduced are the Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final 45 calendar days of the Contract Term. 2 Denotes maximum for Administrative based on 7.21% of total allowable expenditures. 3 Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training/travel only. PERFORMANCE Work orders must be submitted to weatherization contractors no later than March 30, 2023 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than March 31, 2023. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period not to exceed forty-five(45)days from the end of the Contract Term defined in Section 2 of this Contract. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed Eleven Thousand and No/100 Dollars ($11,000.00) per unit without prior written approval from the Department. The cumulative total cost per unit (materials, labor, and program support), shall not exceed the maximum allowable by end of the Contract Term. Page 4 of 4 [Executed effective as of October 20, 2022.] / 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 of this contract,including ensuring all By: U '� - performance and reporting requirements. Name: Victor Turner Title: Director Neighborhood Services By: Amy onnoll 16:39 CST) Approved as to Form and Legality: Name: Amy Connolly Title: Assistant Director,Neighborhood Services 4,dp4�Un� a� FORT�� By: City Secretary: � °°°°°°°°°moo° Name: Jessika Williams ado IIs-+d Title: Assistant City Attorney o*. ° .7q�l�l2tt2 c� C7000t�GILG oa a r s a a EXA4op By.Jannette S.Goodall(Dec 20,202216:10 CST) Contract Authorization: Name: Jannette S. Goodall M&C: 21-0969 Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2/16/22, 1:27 PM M&C Review official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA TORT WoRTII Create New From This M&C DATE: 12/14/2021 REFERENCE **M&C 21- LOG NAME: 19NS TDHCA-LIHEAP NO.: 0969 2022 CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2022 Low-Income Housing Energy Assistance Program, a Federally Funded Program Sponsored by the United States Department of Health and Human Services Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home Energy Costs, in an Amount Up to $1,200,000.00, Waiving Indirect Costs of$44,955.00, Authorize Execution of Related Contracts and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of grant funds from the Texas Department of Housing and Community Affairs in an amount up to $1,200,000.00 for the 2022 Low-Income Housing Energy Assistance Program; 2. Authorize the execution of related contracts, including any renewals, amendments and extensions, with the Texas Department of Housing and Community Affairs for the grant funds; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount up to $1,200,000.00, subject to receipt of the grant; and 4. Waive indirect costs of $44,955.00. DISCUSSION: The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that will be used to assist with weatherization and energy efficiency efforts in the homes of low-income individuals in the City of Fort Worth (City) and Tarrant County. A contract for services between the City and the Texas Department of Housing and Community Affairs (TDHCA) will be executed upon receipt of the contract from TDHCA in Janurary, 2022. The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk of the funding for the program comes from the TDHCA through the Low-Income Housing Energy Assistance Program (LIHEAP), which also administers grant funds from the United States Department of Energy and the United States Department of Health and Human Services. Additional funds are supplied by the Texas Association of Community Action Agencies (TACAA), which administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low-Income Weatherization Program that complements the federally funded WAP and provides assistance to Oncor's low-income customers for energy efficiency measures. The WAP will utilize LIHEAP grant funding to serve low-income residents in Tarrant County with household incomes at or below 150\% of Federal Poverty Income Guidelines. WAP will assist these residents by weatherizing their homes and making them more energy-efficient. TDHCA's LIHEAP will be administered within existing WAP standards and guidelines, and through various contracts with subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any eligible services for the City will not be paid until work is inspected and approved by Neighborhood Services Department staff. Administrative costs are restricted to seven percent of the LIHEAP grant apps.cfwnet.org/council_packet/mc review.asp?ID=29517&councildate=12/14/2021 1/2 2/16/22, 1:27 PM M&C Review based on the total allowable expenditures for the LIHEAP. All Weatherization Assistance Program funding will allow for up to 200 homes to be weatherized through the 2022 grant cycle. A waiver by the City of indirect costs will maximize program benefits. The LIHEAP grant provides funding for four full-time positions with estimated direct salaries of$240,016.00. The addition of indirect costs would result in the reduction of staff and services. The estimated indirect costs that are being asked to be waived is $44,955.00. This program services ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. Neighborhood Services (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 I Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: James Armstrong (7380) Eric Vodicka (7583) ATTACHMENTS 19NS TDHCA-LIHEAP 2022 21001.docx (Public) apps.cfwnet.org/council_packet/mc review.asp?ID=29517&councildate=12/14/2021 2/2 2/16/22, 1:27 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTII Create New From This M&C DATE: 12/14/2021 REFERENCE **M&C 21- LOG NAME: 19NS TDHCA-LIHEAP NO.: 0969 2022 CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT. (ALL)Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2022 Low-Income Housing Energy Assistance Program, a Federally Funded Program Sponsored by the United States Department of Health and Human Services Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home Energy Costs, in an Amount Up to $1,200,000.00, Waiving Indirect Costs of$44,955.00, Authorize Execution of Related Contracts and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of grant funds from the Texas Department of Housing and Community Affairs in an amount up to $1,200,000.00 for the 2022 Low-Income Housing Energy Assistance Program; 2. Authorize the execution of related contracts, including any renewals, amendments and extensions, with the Texas Department of Housing and Community Affairs for the grant funds; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount up to $1,200,000.00, subject to receipt of the grant; and 4. Waive indirect costs of $44,955.00. DISCUSSION: The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that will be used to assist with weatherization and energy efficiency efforts in the homes of low-income individuals in the City of Fort Worth (City) and Tarrant County. A contract for services between the City and the Texas Department of Housing and Community Affairs (TDHCA)will be executed upon receipt of the contract from TDHCA in Janurary, 2022. The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk of the funding for the program comes from the TDHCA through the Low-Income Housing Energy Assistance Program (LIHEAP), which also administers grant funds from the United States Department of Energy and the United States Department of Health and Human Services. Additional funds are supplied by the Texas Association of Community Action Agencies (TACAA), which administers monies allocated by Oncor Electric Delivery (Oncor)to provide a Low-Income Weatherization Program that complements the federally funded WAP and provides assistance to Oncor's low-income customers for energy efficiency measures. The WAP will utilize LIHEAP grant funding to serve low-income residents in Tarrant County with household incomes at or below 150\% of Federal Poverty Income Guidelines. WAP will assist these residents by weatherizing their homes and making them more energy-efficient. TDHCA's LIHEAP will be administered within existing WAP standards and guidelines, and through various contracts with subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any eligible services for the City will not be paid until work is inspected and approved by Neighborhood Services Department staff. Administrative costs are restricted to seven percent of the LIHEAP grant apps.cfwnet.org/council_packet/mc_review.asp?I D=29517&councildate=12/14/2021 1/2 2/16/22, 1:27 PM M&C Review based on the total allowable expenditures for the LIHEAP. All Weatherization Assistance Program funding will allow for up to 200 homes to be weatherized through the 2022 grant cycle. A waiver by the City of indirect costs will maximize program benefits. The LIHEAP grant provides funding for four full-time positions with estimated direct salaries of$240,016.00. The addition of indirect costs would result in the reduction of staff and services. The estimated indirect costs that are being asked to be waived is $44,955.00. This program services ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. Neighborhood Services (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 I Department Account Project Program Activity Budget Reference# Amount ID ID I I Year Chartfield 2 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: James Armstrong (7380) Eric Vodicka (7583) ATTACHMENTS 19NS TDHCA-LIHEAP 2022 21001.docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=29517&councildate=12/14/2021 2/2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 CSC No. 57158 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM(CFDA#93.568) Awarding Federal Agency: United States Department of Health and Human Services TDHCA Federal Award Number: 2201TXLIEA Award Year(Year of Award from HHS to TDHCA): 2022 Unique Entity Identifier Number: 147336965 SECTION 1. PARTIES TO THE CONTRACT This 2022 Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program Contract Number 81220003605("Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (herein "Department") and City of Fort Worth, a political subdivision of the State of Texas ("Subrecipient")hereinafter the"Parties". SECTION 2. CONTRACT TERM This Contract shall commence on January 01, 2022, and, unless earlier terminated, shall end on December 31, 2022("Contract Term"). SECTION 3. SUBRECIPIENT PERFORMANCE A. The following County/Counties constitute the Subrecipient's"Service Area": TARRANT B. Subrecipient shall, throughout its Service Area 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 sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10 CFR Parts 440 and 600 ("WAP Regulations") as indicated herein, 2 CFR Part 200 (as applicable), the Texas WAP State Plan, the Texas LIHEAP State Plan; the implementing State regulations at Title 10, Part I, Chapter 1, Chapter 2, and Subchapters A and D of Chapter 6, of the Texas Administrative Code as amended or supplemented from time to time (collectively, "State Rules"), Chapters 2105 and 2306 of the Texas Government Code ("State Act"), the Low-Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. §8621 et seq.) ("LIHEAP Act"), and the implementing regulations codified in 45 CFR Part 96 ("LIHEAP Regulations"). C. Subrecipient shall, in accordance with this Contract throughout its Service Area, develop and implement a WAP in the counties and in accordance with the terms of this Contract; the certifications attached hereto as Addendums A, B, C and D and incorporated herein for all relevant purposes; the "Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA") Requirements for the WAP" attached hereto as Addendum E and incorporated herein for all relevant purposes; the "Budget and Performance Statement" attached hereto as Exhibit A and incorporated herein for all relevant purposes; the "LIHEAP Priority List" attached hereto as Exhibit B and incorporated herein for all relevant purposes; the assurances, certifications, and all other statements made by Subrecipient in its funding under this Contract; and with all other terms, provisions, and requirements herein set forth. Page 1 of 42 D. Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings of "Households" that are "Low-Income". WAP services will be provided to owner occupied units as well as rental units. Priority will be given to in no particular order (1) Households with "Elderly Persons", (2) "Persons with Disabilities", (3) Households with young children that are age five (5) or younger, (4) Households with a "High Energy Burden", and/or (5) Households with "High Energy Consumption", as said terms are defined in 10 TAC § 6.2. Subrecipient is allowed to perform weatherization measures as detailed in LIHEAP Priority List, Exhibit B of this Contract. If Subrecipient leverages LIHEAP with any DOE weatherization funds, all federal and state DOE rules and requirements will apply including but not limited to income calculation requirements as outlined in Department of Energy - Weatherization Program Notice 18-3 or updated Income Determination Notice in accordance with the 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 ("IRC") or in jurisdictions authorized by State law to adopt later editions. E. Subrecipient shall refund to the Department any sum of money which has been paid to Subrecipient by the Department, which Department determines has not been strictly spent in accordance with the terms of this Contract. Subrecipient shall make such refund within fifteen (15)calendar days after the Department's request. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this Contract, Department may reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified in "Budget and Performance Statement"attached hereto as Exhibit A. B. The Contract shall not be construed as creating a debt on behalf of Department in violation of Article III, Section 49a of the Texas Constitution. Department's obligations under this Contract are contingent upon the actual receipt and availability by Department of adequate 2022 LIHEAP federal program funds. If sufficient funds are not available to make payments under this Contract, Department may 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. Department is not liable for any cost incurred by Subrecipient which: (1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in Section 440.22 of the WAP Regulations, except that pursuant to 10 TAC §6.2(b)(28)(B) the dwelling unit shall be eligible for weatherization assistance if it is occupied by a family unit whose income is at or below one hundred fifty percent (150%) of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services ("HHS") under the authority of"Poverty Income Guidelines"at 42 U.S.C. §9902 (2); (2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, or local program within twelve (12) 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 or charged to another LIHEAP WAP or DOE WAP contract, 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; Page 2 of 42 (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; or (8) is made in violation of any provision of this Contract, including the addendums and exhibits, or any provision of federal or state law or regulation, including, but not limited to those enumerated in this Contract. D. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for allowable costs actually incurred or performances rendered for activities specified in the WAP Act and LIHEAP Act. E. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by the Department under this Contract shall not exceed the sum of$765,104.00. SECTION 5. METHOD OF PAYMENT/CASH BALANCES A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days. Subrecipient's request for cash advance shall be limited to the minimum amount needed and be timed to be in accordance with the actual, immediate cash requirements of the Subrecipient or an advance of Five Thousand and No/100 Dollars ($5,000.00), whichever is greater. In carrying out the purpose of this Contract. Subrecipient must request an advance payment by submitting a properly completed monthly expenditure report to Department through the electronic reporting system no later than the fifteenth (15th) day of the month prior to the month for which advance payment is sought, together with such supporting documentation as the Department may reasonably request. B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time between the disbursement of funds from Department to Subrecipient and the expenditure of such funds by Subrecipient. C. DEPARTMENT OBLIGATIONS. Subsection 4(A) of this Contract notwithstanding, Department reserves the right to utilize a modified cost reimbursement method of payment, whereby reimbursement of costs incurred by a Subrecipient is made only after the Department has reviewed and approved backup documentation provided by the Subrecipient to support such costs for all funds, if at any time (1) Subrecipient maintains cash balances in excess of need or requests advance payments in excess of thirty (30) days need, (2) Department identifies any deficiency in the cash controls or financial management system used by Subrecipient, (3) Subrecipient owes the Department funds, or (4) Subrecipient violates any of the terms of this Contract. D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's Service Area incurred during the Contract Term. Subrecipient may incur costs for activities associated with the closeout of the LIHEAP contract for a period not to exceed forty-five(45)calendar days from the end of the Contract Term. Page 3 of 42 SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS A. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES. Except as expressly modified by law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set forth in the Texas Grant Management Standards (34 TAC §20.421) ("TXGMS") in effect on the effective date of this Contract, Chapter 783 of the Texas Government Code and 2 CFR Part 200. All references therein to "local government" shall be construed to mean Subrecipient. B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%. C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and Subpart F of 2 CFR Part 200. The expenditure threshold requiring an audit is Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00)of Federal funds. D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and to obtain any documents, materials, or information necessary to facilitate such audit. E. CERTIFICATION FORM. For any fiscal year ending within or one (1) year after the Contract Term, Subrecipient must submit an "Audit Certification Form" (available from the Department) within sixty (60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is required by 2 CFR Part 200, Subpart F, the report must be submitted to the Federal Audit Clearinghouse ("FAC") the earlier of thirty (30) calendar days after receipt of the auditor's report or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403(f), Subrecipient is required to submit a notification to Department within five (5) business days of submission to the FAC. Along with the notice, indicate if the auditor issued a management letter. If there is a management letter, a copy of the letter must be sent to the Department. Both the notice and the copy of the management letter, if applicable, must be submitted to SAandACF@tdhca.state.tx.us. F. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any contract or indirectly through a subcontract under the Contract. The acceptance of funds by the Subrecipient or any other entity or person directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Subrecipient or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the contract and the requirement to cooperate is included in any subcontract it awards. G. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides the Department the ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work performed under this Contract. SECTION 7. DEOBLIGATION,TERMINATION AND SUSPENSION A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance with 10 TAC§1.411, 10 TAC§6.405, and Chapter 2105 of the State Act. Page 4 of 42 B. TERMINATION. Pursuant to 10 TAC §2.202, Department may terminate this Contract, in whole or in part, at any time Department determines that there is cause for termination. Cause for termination includes but is not limited to Subrecipient's failure to comply with any term of this Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements of the Contract. If the Department determines that a Subrecipient has failed to comply with the terms of the Contract, or has failed to provide services that meet appropriate standards, goals, or other requirements established by the Department, Department will notify Subrecipient of the deficiencies to be corrected and require the deficiencies be corrected prior to implementing termination. C. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority to withhold payment and immediately suspend Subrecipient's performance under this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of deobligation, termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient. Department may withhold any payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is otherwise determined in writing between Parties. E. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this Contract or for any costs that are disallowed. F. 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. G. STATEWIDE OR REGIONAL PROVIDER. Department may award deobligated or terminated funds from this Contract to a Statewide or Regional Provider in accordance with 10 TAC §1.411. Subrecipient agrees to provide information as requested by the Department to serve clients in the Service Area. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in accordance with the provisions of Sections 4 and 5 of 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. Subrecipient shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by DOE in Appendix A to Part 440 of the WAP Regulations, State of Texas adopted IRC or jurisdictions authorized by State law to adopt later editions. C. Administrative and program services activities funds are earned through provision of direct services to clients in accordance with the State Rules. Subrecipient may choose to submit a final budget revision no later than forty-five (45) calendar days prior to the end of the Contract Term to use its administrative and program services funds for direct service categories. Page 5 of 42 D. For units where Subrecipient leverages with any DOE weatherization funds, all weatherization measures installed must have 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. E. Allowable expenditures under this Contract include: (1) the purchase and delivery of weatherization materials as defined in Section 440.18 of the WAP Regulations; (2) if Subrecipient leverages LIHEAP with any DOE weatherization funds, labor costs for doors, primary windows and storm windows that will result in approved energy savings with a SIR of one (1) or greater in accordance with Section 440.19 of the WAP Regulations; (3) the cost of weatherization materials and labor for air and duct sealing, insulation, allowable base load reduction measures, heating and cooling system tune ups, repairs, modification, or replacements. Whenever available, heating and cooling systems must have an Energy Star rating; (4) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to the site of weatherization work; (5) maintenance, operation, and insurance of vehicles used to transport weatherization materials; (6) maintenance of tools and equipment; (7) purchase or lease of tools or equipment; (8) employment of on-site supervisory personnel; (9) storage of weatherization materials, tools, and equipment; (10) incidental repairs (such as repairs to roofs, walls, floors, and other pants of a dwelling unit) if such repairs are necessary for the effective performance or preservation of weatherization measures (If incidental repairs are necessary to make the installation of the weatherization measures effective, 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); and (11) allowable health and safety measures. F. 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) days calendar prior to the end of the Contract Term before these funds can be moved. G. 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" as Exhibit A. Allowable administrative costs may include reasonable costs associated with Subrecipient's administrative personnel, travel, audit fees, 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/LIHEAP Training Travel or special 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. Page 6 of 42 H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwellinq units under the direction of qualified supervisors. SECTION 9. RECORDKEEPING REQUIREMENTS A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth below and at Section 440.24 of the WAP Regulations and shall maintain fiscal and programmatic records and supporting documentation for all expenditures of funds made under this Contract in accordance with the TXGMS, Subrecipient agrees to comply with any changes to the TXGMS' record keeping requirements. For purposes of compliance monitoring, all associated documentation must be readily available, whether stored electronically or hard copy to demonstrate compliance with Subrecipient Performance as outlined in Section 3. B. CLIENT FILES. Except as otherwise described in 10 TAC §6.14 regarding shelters, for each dwelling unit weatherized with funds received from LIHEAP WAP under this Contract, Subrecipient shall maintain complete client files at all times as described herein. Costs associated with incomplete files found at the time of program monitoring may be disallowed. Each file shall contain 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/quidance.htm#forms and any required video or photographic records as directed by the Department: (1) Signed and completed "Application for Weatherization Services" form indicating the ages of the residents, presence in the Household of children age five (5) or younger, Elderly Persons, and Persons with Disabilities. Date of said application and associated documents must be within twelve (12) months of the start date indicated on the "Building Weatherization Report" ("BWR"); (2) Twelve(12) month consumer billing history for utilities; (3) Consumption disclosure release form (for access to consumption data for use in surveys and studies); (4) Priority Rating Sheet; (5) Eligibility documentation in accordance with the following: a. Subrecipient must use the definition of"income" in 10 TAC§6.4. b. Suprecipient must provide documentation/verification of client income for the thirty (30) days preceding their application for all Household members eighteen (18) years and older, or provide a "Declaration of Income Statement' ("DIS") form (if applicable). In order to use the DIS form, each Subrecipient shall develop and implement a written policy and procedure on the user of the form, including policies requiring a client statement of efforts to obtain documentation of income with a client signature. Proof of income documentation requirements are the same for both single and multifamily housing. All proof of income must reflect earnings from within twelve (12) months of the start date indicated on the BWR. c. 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, except that pursuant to 10 TAC §6.2(b)(28)(B) the dwelling unit shall be eligible for weatherization assistance if it is occupied by a family unit whose income is at or below one hundred fifty percent(150%)of the"Poverty Income Guidelines"at 42 U.S.C. §9902(2); (6) BWR form, including certification of final inspection and justification for omission of priorities if applicable; (7) Invoices of materials purchased or inventory removal sheets; (8) Invoices of labor; Page 7 of 42 (9) 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 http://www.tdhca.state.tx.us/community-affairs/wap/docs/10-WAPLandlord.pdf; (10) "Notice of Denial and Appeal Rights," if applicable; (11) Signed and dated "Building Assessment' form, to include existing efficiencies of all heating and cooling appliances (Manual J and Manual S); (12) "Attic/Wall Inspection"form (local design allowed); (13) Documentation of pre/post weatherization carbon monoxide readings for all combustible appliances; (14) "Blower Door Performance Standards and Duct Blower Data Sheet'form; (15) Refrigerator metering information; (16) Client Education Verification; (17) Signed client"Refrigerator Replacement Form" (if applicable); (18) Completed, signed and dated "Priority List"form (if applicable); (19) A complete copy of the approved State of Texas Energy Audit(if applicable); (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) Work Order; (22) CAZ Testing; (23) Pre/Post-ASHRAE Printout(RED Calc); and (24) Signed client receipt of "Mold-Like Substance Notification and Release Form for Texas Weatherization Programs" (if applicable). (25) Final Inspection form that allowable measures are completed as per work order. C. MASTER FILES. For each multifamily project weatherized with funds received from LIHEAP under this Contract, Subrecipient shall maintain a master file containing the following information: (1) "Multifamily Project Building Data Checklist"; (2) "Multifamily Project Completion Checklist'; (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. STANDARDS FOR MATERIALS. Materials standards documentation for weatherization material purchased under this Contract must be maintained. These standards must meet the requirements according to Appendix A to Part 440 of the WAP Regulations. Page 8 of 42 E. ACCESS TO RECORDS. Subrecipient shall give the HHS, the U.S. General Accounting Office, the Texas Comptroller, the State Auditor's Office, the HHS Office of Inspector General, and Department, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of Subrecipient, all records pertaining to this Contract. Such right to access shall continue as long as the records are retained by Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant to this Subsection E. F. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location for the greater of: (i) the time period described in TXGMS, (ii) the date that the final audit is accepted with all audit issues resolved to the Department's satisfaction if the Department notifies the Subrecipient in writing; (iii) if any litigation claim, negotiation, inspection, or other action has started before the expiration of the required retention period records must be retained until completion of the action and resolution of all issues which arise under it; (iv) or a date consistent with any other period required by the performed activity reflected in federal or state law or regulation Upon termination of this Contract, all records are property of the Department. G. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by Subrecipient pertaining to this Contract, except records made confidential by law, is subject to the Texas Public Information Act (Chapter 552 of the Texas Government Code) and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance with the Texas Public Information Act. Subrecipient understands that the Department will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Subrecipient is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. H. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full Household assessment addressing all possible allowable weatherization measures. I. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all subcontracts. SECTION 10. REPORTING REQUIREMENTS A. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit timely, complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. B. FUNDING REPORT. By the fifteenth (15th) of each month, Subrecipient shall electronically submit to Department a 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. Both reports shall be submitted electronically. Page 9 of 42 C. 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 utilizing the Monthly Expenditure Report. The failure of Subrecipient to provide a full accounting of all funds expended under this Contract may result in ineligibility to receive additional funds or additional contracts. After forty-five (45) calendar days, any expenditures not reported to the Department will result in funds being reallocated to LIHEAP purposes. D. 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 Five Thousand and No/100 Dollars ($5,000.00) or more and/or a useful life of more than one (1) year, if purchased in whole or in part with funds received under this or previous WAP Contracts. The inventory shall reflect the tools and equipment on hand as of the last day of the Contract Term. E. DATABASE. Subrecipient shall update the Previously Weatherized Units database no later than fifteen (15) days after the end of each month of the contract for units weatherized under this Contract. F. HOUSEHOLD DATA. By the fifteenth (15th) of each month, Subrecipient shall electronically upload data on Households served in the previous month into the CA Performance Measures Module located in the Community Affairs Contract System. G. 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 HHS, or by the Department. H. DEFAULT. If Subrecipient fails to submit, within forty-five (45) calendar days of its due date, any report or response required by this Contract, including responses to monitoring reports, Department may, in its sole discretion, deobligate, withhold or suspend any and all payments otherwise due or requested by Subrecipient hereunder and/or initiate proceedings to terminate this Contract in accordance with Section 7 of this Contract. If Subrecipient receives LIHEAP WAP funds from the Department over two (2) or more Contracts of subsequent terms, funds may be withheld or this Contract suspended or terminated by Subrecipient's failure to submit a past due report or response (including a report of audit)from a prior Contract Term. I. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with a Data Universal Numbering System ("DUNS") number and registered in the System of Award Management ("SAM"), a Central Contractor Registration ("CCR") System number to be used as the Unique Entity Identifier Number on all contracts and agreements. The DUNS number must be provided in a document from Dun and Bradstreet and must be registered at the www.sam.gov <http://www.sam.gov> website. This document must be provided to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current DUNS number and registration at www.sam.gov for the entire Contract Term. J. 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 Subsection A of Section 11 may be further evidenced in a written amendment. Page 10 of 42 B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this Contract not required by a change in state or federal law or regulation shall be in writing and executed by both Parties to this Contract. C. FACSIMILE SIGNATURE. 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 by no later than forty-five(45)days prior to the end of the Contract Term. 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 TXGMS. SECTION 13. INDEPENDENT CONTRACTOR Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and, to the extent allowed by law, indemnify it against any disallowed costs or other claims which may be asserted by any third party in connection with Subrecipient's performance of this Contract. SECTION 14. PROCUREMENT STANDARDS Subrecipient shall comply with TXGMS, 10 TAC §1.404, and all applicable federal, state, and local laws, regulations, and ordinances for making procurement transactions and purchases under this Contract. If leveraging DOE funds, Subrecipient shall also comply with 10 CFR§600.236(b-i). SECTION 15. SUBCONTRACTS A. Subrecipient may not subcontract or subgrant the primary performance of this Contract, including but not limited to expenditure and performance reporting and drawing funds through the Community Affairs Contract System, and only may enter into properly procured subcontractual agreements for consulting and other professional services, if Subrecipient has received Department's prior written approval. Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client assistance will be subject to monitoring by the Department 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 under this section does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval under this Section 15 does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. Page 11 of 42 C. Every initial assessment, every priority list measure, every approved State of Texas Energy Audit, 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. D. Subrecipient represents and warrants that it will maintain oversight to ensure that subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more and a useful life of more than one (1) year, if purchased in whole or in part with funds received under this or previous WAP Contracts, are not assets of either the Subrecipient or the Department but are held in trust for the WAP and as such are assets of the WAP. B. Subrecipient shall develop and implement a property management system, which complies with 10 TAC §1.407. Subrecipient shall not use, transfer, or dispose of any property acquired in whole or in part with funds provided under this or a previous WAP Contract except in accordance with its own property management system. C. Upon termination of this Contract or non-renewal of the funds hereunder, the Department may require transfer of 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 Five Thousand and No/100 Dollars ($5,000.00)or more. E. In addition to the inventory of tools and equipment required under Section 10C, 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. PAYMENT AND PERFORMANCE BOND REQUIREMENTS. If Subrecipient will enter in to a contract for weatherization activities with a third-party in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00) or greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the Subrecipient enters into a contract with a prime contractor in excess of One Hundred Thousand and No/100 Dollars ($100,000.00), a performance bond in the full amount of the contract is also required. These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State Insurance Department. Such assurances of completion will run to the Department as obligee and must be documented prior to the start of weatherization activities. This bonding requirement applies as set forth in 10 TAC §1.405 and to the extent required by federal or state law. Page 12 of 42 B. INSURANCE REQUIREMENTS. Subrecipient is basically a self-funded entity in accordance with Chapter 2259 of the Texas Government Code subject to statutory tort laws and, as such, generally, it does not maintain a commercial general liability insurance and/or auto liability policy. Subrecipient is encouraged to obtain pollution occurrence insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient should review existing policies to determine if lead contamination is covered. If it is not, Subrecipient should consider securing adequate coverage for all construction projects. Additional liability insurance costs may be paid from administrative funds. The Department strongly recommends the Subrecipient require their contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best course to take for implementing the pollution occurrence insurance coverage. SECTION 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 current adopted versions of Standard Work Specifications ("SWS")and IRC specifications. B. Department or its designee may conduct on and off-site monitoring, which may include remote 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 in-person or remote monitoring to review the previously noted deficiencies and to assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs. Department may terminate or suspend this Contract or invoke other remedies Department determines to be appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to correct any deficiency within a reasonable period of time, as determined by the Department. Department or its designee may conduct an ongoing program evaluation throughout the Contract Term. SECTION 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. Page 13 of 42 B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been authorized by Subrecipient's governing board 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 from Department for performance of the provisions of this Contract, if the Department has terminated this Contract for reasons enumerated in this Section 20. D. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good standing in the State of Texas, and such is not cured prior to causing material harm to Subrecipient's ability to perform under the terms of this Contract. SECTION 21. COMPLIANCE WITH LAWS A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the WAP Act, the WAP Regulations, the LIHEAP Regulations, any applicable Office of Management and Budget ("OMB") Circulars, the Texas DOE WAP State Plan, LIHEAP State Plan, the State Act, the State Rules, the certifications attached, and all federal, state, and local laws and regulations applicable to the performance of this Contract. Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any illegal activity in the performance of or associated with the performance of this Contract. No funds under this Contract shall be used for any illegal activity or activity that violates any federal, state or local laws. B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the "Certification Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B that it is implementing the Drug-Free Workplace Act of 1988 (41 U.S.C. §701, et seq) and HUD's implementing regulations including, without limitation, 2 CFR Parts 182 and 2429. C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipient must provide program applications, forms, and educational materials in English, Spanish, and any appropriate language, based on the needs of the Service Area and in compliance with the requirements in Executive Order 13166 of August 11, 2000 of August 11, 2000. 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. INFORMATION SECURITY AND PRIVACY REQUIREMENTS 1. General. Subrecipient shall comply with the information security and privacy requirements under 10 TAC §1.24 to ensure the security and privacy of Protected Information (as said term is defined under 10 TAC§1.24). 2. Information Security and Privacy Agreement ("ISPA:'), Prior to beginning any work under this Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required by 10 TAC §1.24, on file with the Department, or (ii) will execute and submit to the Department an ISPA in accordance with instructions found on the Department's website at the "Information Security and Privacy Agreement" link. Page 14 of 42 E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers or other agents who engage in any of the prohibited activities under Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may terminate this Contract and Subrecipient hereby agrees and acknowledges that upon termination, Subrecipient 's rights to any funds shall be terminated. F. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT. 1. General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited from using funds under this Contract for equipment, services, or systems that use the following covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system in accordance with Section 889 of Public Law 115-232 (National Defense Authorization Act 2019): a) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities. b) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). c) Telecommunications or video surveillance services provided by such entities or using such equipment. d) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. Subcontracts. Subrecipient must incorporate this prohibition in any contract and require its contractors to incorporate this requirement into any contract. G. CYBERSECURITY TRAINING PROGRAM. 1. 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. 2. 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. H. 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. Page 15 of 42 I. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS, 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. J. 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. K. PROCUREMENT OF RECOVERED MATERIALS. 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 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 WAP. 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 hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%) per annum, not later than the one hundred-twentieth (120th)day after the date the Department notifies Subrecipient of the violation. Page 16 of 42 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. B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient. D. Subrecipient shall, in addition to the requirements of this Section 24, 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 this 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. Further, Subrecipient represents and warrants that in the administration of the grant, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the Contract, Subrecipient shall promptly notify Department. SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any state official or employee from furnishing to any member of its governing body upon request, or to any other local or state official or employee, or to any citizen, information in the hands of the employee or official not considered under law to be confidential information. B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government, the State of Texas, or the government of the United States. C. None of the funds provided under this Contract shall be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award governed by the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352) as the 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. Page 17 of 42 D. Subrecipient represents and warrants that Department's payments to Subrecipient and Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. SECTION 26. NON-DISCRIMINATION, EQUAL ACCESS AND EQUAL OPPORTUNITY A. DISCRIMINATION PROHIBITED. In accordance with Section 2105 of the Texas Government Code, Subrecipient represents and warrants that it will not use block grant funds in a manner that discriminates on the basis of race, color, nation 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. REASONABLE ACCOMODATIONS. Subrecipients shall operate each program or activity receiving financial assistance so that the program or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipient is also required to provide reasonable accommodations for persons with disabilities. D. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794) 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. E. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107). F. SUBCONTRACTS. Subrecipient will include the substance of this Section 26 in all subcontracts. SECTION 27. TRAINING AND TECHNICAL ASSISTANCE FUNDS A. Training and technical assistance funds shall be used for State sponsored LIHEAP training, federal sponsored LIHEAP training, and other relevant workshops and conferences provided the agenda includes topics directly related to administering WAP. For training and technical assistance other than State or LIHEAP sponsored, Subrecipient must receive prior written approval from the Department. B. Travel funds are to be used only for Department-approved training events. Subrecipient shall adhere to either its board-approved travel policy (not to exceed the amounts established in subchapter I of Chapter 57 of Title 5, United States Code Travel and Subsistence Expenses; Mileage Allowances'), or in the absence of such a policy, the State of Texas travel policies under 10 TAC §1.408. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in computing the travel and per diem expenses of its board members and employees. Page 18 of 42 SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES A. DEBARRED AND SUSPENDED. By signing this Contract, Subrecipient certifies that none of its principal employees, board members, agents, or contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency as provided in the Certification Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as Addendum D and incorporated herein for all relevant purposes. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification attached as Addendum D, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not knowingly award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4 or that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement with a potential subcontractor that the verification process to comply with this requirement will be accomplished by checking the System for Award Management ("SAM") at www.sam.gov and including a copy of the results in its project files. After said verification, Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors during the term of the subcontractor's agreement except that Subrecipient must verify at the start of a new contract or with the award of additional funding. Subrecipient may subsequently rely upon a certification of a subcontractor that is not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the certification attached hereto as Addendum D or an explanation of why it cannot provide said certification shall disqualify Subrecipient from participation under this Contract. The certification or explanation will be considered in connection with the Department's determination whether to continue with this Contract. Subrecipient shall provide immediate written notice to Department if at any time Subrecipient learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Subrecipient further agrees by executing this Contract that it will include the certification provision titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum D, without modification, and this language under this Section 28, 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 29. NO WAIVER A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other right or remedy at a later time. B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the Department or the State of Texas of any immunities from suit or from liability that the Department or the State of Texas may have by operation of law. Page 19 of 42 SECTION 30. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the Parties relating to the subject matter of this Contract have been reduced to writing and are contained in this Contract. B. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: (1) Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements (2) Addendum B-Certification Regarding Drug-Free Workplace Requirements (3) Addendum C-Certification Regarding Environmental Tobacco Smoke (4) Addendum D - Certification Regarding Debarment, Suspension and Other Responsibility Matters (5) Addendum E- PRWORA Requirements (6) Exhibit A- Budget and Performance Statement (7) Exhibit B - LIHEAP Priority List SECTION 31. 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 http://www.tdhca.state.tx.us/community- affai rs/wap/docs/WAP-BP-H istoricPres Flowchart.pdf. SECTION 32. 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 33. 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. If Subrecipient conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded with direct financial assistance from Department, and participation must be voluntary for beneficiaries of the programs or services funded with such assistance. Subrecipient shall comply with the regulations promulgated by the HHS at 45 CFR§87.2. SECTION 34. 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, according to 10 TAC§6.8. SECTION 35. 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. Page 20 of 42 SECTION 36. SPECIAL CONDITIONS Subrecipient shall accept applications for WAP benefits at sites that are geographically accessible to all Households in the Service Area. Subrecipient shall provide Elderly Persons and Persons with Disabilities who cannot independently travel to the application site the means to submit applications for WAP benefits without leaving their residence or by securing transportation for them to the sites that accept such applications. SECTION 37. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS The program applications must provide a space for applicants to indicate if they are a veteran as required by Section 434.212 of the Texas Government Code. In addition, the application must include the following statement: "Important Information for Former Military Services Members. Women and men who served in any branch of the United States Armed Forces, including Army, Navy, Marines, Coast Guard, Reserves or National Guard, may be eligible for additional benefits and services. For more information please visit the Texas Veterans Portal at hftps://veterans.portal.texas.gov/. SECTION 38. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Subrecipient represents and warrants that if this 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. SECTION 39. FORCE MAJURE An equitable adjustment will be made for delay or failure to perform hereunder if: A. Any of the following events occurs: (1) Catastrophic weather conditions or other extraordinary elements of nature or acts of God; (2) Acts of war(declared or undeclared); (3) Acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; or (4) Quarantines, disease pandemics, embargoes and other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources, workaround plans or other means. SECTION 40. ALTERNATIVE DISPUTE RESOLUTION The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the Contract. If at any time the Subrecipient would like to engage Department in an ADR procedure, the Subrecipient may send a proposal to Department's Dispute Resolution Coordinator. For additional information on Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1.17. SECTION 41. 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 42. SEVERABILITY If any portion of this Contract is held to be invalid by an administrative tribunal or a court of competent jurisdiction, the remainder of it shall remain valid and binding. Page 21 of 42 SECTION 43. 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 44. NUMBER, GENDER Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words shall include the plural. SECTION 45. 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 discretion. SECTION 46. NOTICE A. If a notice is provided concerning this Contract, notice may be given at the following (herein referred to as"Notice Address"): As to Department: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P. O. Box 13941 Austin, Texas 78711-3941 Attention: Michael De Young, Director of Community Affairs Telephone: (512)475-2125 Fax: (512)475-3935 michael.deyoung@tdhca.state.tx.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, or five (5) days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 46. C. Subrecipient shall provide contact information and required notifications to the Department through the Contract System in accordance with 10 TAC§1.22 and 10 TAC§6.6. SECTION 47. VENUE AND JURISDICTION This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this Contract is fixed in any court of competent jurisdictions of Travis County, Texas. SECTION 48. 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 HHS shall each have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for government purposes. Page 22 of 42 SECTION 49. LIMITATION ON ABORTION FUNDING A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state law, the Department may not enter into this Contract with an "abortion provider' or an "affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this Contract are appropriated from state or local tax revenue. B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any funds under this Contract from state or local tax revenue, it is eligible to receive said funds, and that it will not utilize said funds in any way contrary to this Section 49 during the Contract Term. SECTION 50. INDEMNIFICATION SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. EXECUTED to be effective on January 01, 2022 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: February 15, 2022 6:10 pm DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas By: Robert Wilkinson Title: Its duly authorized officer or representative Date: February 16, 2022 7:55 am Page 23 of 42 [Executed effective as of January 01, 2022.] / [ACCEPTED AND AGREED:] City: 5: ,C.4— 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 of this contract,including ensuring all By: performance and reporting requirements. Name: Victor Turner Title: Director Neighborhood Services 14,444 By: Amy C o (Feb'16,202214:56 CST) Approved as to Form and Legality: Name: Amy Connolly Title: Assistant Director,Neighborhood Services By: City Secretary: Name: Taylor Paris Title: Assistant City Attorney r s 7Gl�1�12tt2 c). �700D�G1� By: Jannette S.Goodall(Feb 22,202219:01 CST) Contract Authorization: Name: Jannette S. Goodall M&C: 21-0969 Title: City Secretary TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 Ten Thousand and No/100 Dollars ($10,000.00) and not more than One Hundred Thousand and No/100 Dollars ($100,000.00) for each such failure. STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE The undersigned states, to the best of its knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than Ten Thousand and No/100 Dollars ($10,000.00) and not more than One Hundred Thousand and No/100 Dollars ($100,000.00)for each such failure. Page 24 of 42 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: February 15, 2022 6:10 pm Page 25 of 42 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) 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 ten (10) calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s)of each affected grant; (f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- Page 26 of 42 (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). 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: February 15, 2022 6:10 pm Page 27 of 42 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) ADDENDUM C CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE City of Fort Worth a political subdivision of the State of Texas The undersigned certifies to the following: Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, requires that smoking not be permitted in any portion of any indoor routinely owned or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education, or library services to children under the age of eighteen (18), if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to One Thousand and No/100 Dollars ($1,000.00) per day and/or the imposition of an administrative compliance order on the responsible entity by signing and submitting this Contract the Subrecipient certifies that it will comply with the requirements of the Act. The applicant/grantee further agrees that it will require the language of this certification be included in any subawards which contain provisions for the children's services and that all subgrantees shall certify accordingly. SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: February 15, 2022 6:10 pm Page 28 of 42 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) ADDENDUM D 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 (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in section (b)of this certification; (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default; and (e) Will submit to the Department information about each proceeding that occurs during this Contract Term or during the recordkeeping period that: (1) Is in connection with this award; (2) Reached its final disposition during the most resent five year period; and (3) Is one of the following: 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 Five Thousand and No/100 Dollars ($5,000.00)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 Five Thousand and No/100 Dollars ($5,000.00) or more or reimbursement, restitution, or damage in excess of One Hundred Thousand and No/100 Dollars ($100,000.00); or iv. Any other criminal, civil, or administrative proceeding if: 1. It could have led to an outcome described in this section (e) paragraph (3) items (i)-(iii)of this award term and condition; Page 29 of 42 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, site visits, corrective plans, or inspection of deliverables. ii. A "conviction", for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract. The undersigned Subrecipient further agrees and certifies that it will include the below clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Subcontracts/Lower Tier Covered Transaction," without modification, in all subcontracts and in all solicitations for subcontracts: "CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITYAND 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 participanb'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] 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. Page 30 of 42 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: February 15, 2022 6:10 pm Page 31 of 42 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) ADDENDUM E PRWORA REQUIREMENTS City of Fort Worth a political subdivision of the State of Texas If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying for LIHEAP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORK) or ("Act'), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208. There are certain types of assistance that are not subject to the Act's restriction on access to public benefits based on immigration status. This includes activities that: (1) deliver in-kind services at the community level, (2) are necessary for the protection of life or safety, and (3) do not condition the provision of assistance on the applicant's income or resources. To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose government that administers "federal public benefit programs" is required to determine, and to verify, the individual's alienage status before granting eligibility (8 U.S.C. §1642 (a) and (b)). Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility. CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE)SYSTEM Subrecipient shall: (1) System Use. (a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or naturalization documentation that contains the information (e.g., alien registration number)required by the SAVE Program; (b) Physically examine the documentation presented by the applicant and determine whether the document(s) reasonably appear(s)to be genuine and to relate to the individual; (c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for verification of immigration or naturalized or derived citizenship status information, including (1) information from the applicant's immigration or naturalization documentation for initial automated verification, (2) additional information obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3) completed Forms G-845 and other documents and information required for manual additional verification. For manual only verification, ensure that Forms G-845 and other documents and information required for manual verification are provided; Page 32 of 42 (d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE required training including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s), http://www.uscis.gov/save/what-save/save-webinars, and maintaining a working knowledge of requirements contained therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for monitoring review; (e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification procedures; (f) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program Guide,web-based tutorial, this Contract, and updates to these requirements; (g) Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE Monitoring and Compliance. Contact information can be found at https://www.uscis.gov/e-verify/employers/monitoring-and-compliance or 202-443-0104 (h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant requests after the Subrecipient initiates a request for verification; (i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this and all other provisions of this Contract; 0) Comply with the requirements of the Federal Information Security Modernization Act of 2014 ("FISMA") (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 http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorr ectYourRecordswithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online Resources); (I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; (m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the applicant; (n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted at http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorr ectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources); Page 33 of 42 (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;" (d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original applicant consent documents required by the Privacy Act, 5 U.S.C. §552a or other applicable authority; (e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review Subrecipient's compliance with this Addendum E and all other SAVE-related policy, procedures, guidance and law applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this Contract; (f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and other relevant data; (g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact persons or other personnel within the 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 E and the SAVE Program requirements by its authorized agents or designees; (i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of this Addendum E, SAVE Program procedures or other applicable law, regulation or policy; and 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. Page 34 of 42 (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 Michael De Young Director of Community Affairs Texas Department of Housing and Community Affairs Community Affairs Division P.O. Box 13941 Austin, TX 78711-3941 Phone: (512)475-2125 Email: michael.devoung(a-tdhca.state.tx.us USCIS SAVE Program MS 2620 U.S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2620 ATTN: SAVE Operations Phone: (888)464-4218 Email: saveregistration(a-dhs.gov USCIS SAVE Monitoring and Compliance MS 2640 U.S. Citizenship and Immigration Services Department of Homeland Security Washington, DC 20529-2640 Phone: (888)464-4218 Email: save.monitoring(a-dhs.gov Page 35 of 42 (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 document 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: February 15, 2022 6:10 pm Page 36 of 42 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) EXHIBIT A BUDGET AND PERFORMANCE STATEMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $763,104.00 LIHEAP FUNDS CURRENTLY AVAILABLE $2,000.00 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE $763,104.00 TOTAL ANTICIPATED LIHEAP FUNDS $2,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current Contract Term. Unexpended fund balances will be recaptured. BUDGET FOR AVAILABLE ALLOCATIONS 1 CATEGORIES FUNDS 2 Administration $55,164.00 3 Materials/Program Support/Labor $566,352.00 4 Health and Safety $ 141,588.00 SUB-TOTAL $763,104.00 5 Training and Technical Assistance $2,000.00 TOTAL $765,104.00 Page 37 of 42 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: ' 1 Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the Department will make any adjustments to the budget categories. The only categories that can be reduced are the Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The Department may decline to review written requests received during the final forty-five (45)calendar days of the Contract Term. 2 Denotes maximum for Administrative based on 7.21% of total allowable expenditures. 3 Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training/travel only. PERFORMANCE Work orders must be submitted to weatherization contractors no later than December 30, 2022 for any weatherization activities to be completed under this Contract. All weatherization activities including final inspection must be completed no later than December 31, 2022. Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited to: payment of invoices, and quality assurance activities for a period not to exceed forty-five(45)days from the end of the Contract Term defined in Section 2 of this Contract. These costs shall be reported on the final report described in Section 10 of this Contract. Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not exceed Eleven Thousand and No/100 Dollars ($11,000.00) per unit without prior written approval from the Department. The cumulative total cost per unit (materials, labor, and program support), shall not exceed the maximum allowable by end of the Contract Term. Page 38 of 42 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 81220003605 FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM (CFDA#93.568) EXHIBIT B LIHEAP PRIORITY LIST For Single-Family, Mobile Homes, and Small Multi-Family Buildings City of Fort Worth a political subdivision of the State of Texas An energy conservation measure ("ECM") may include contributory items necessary for the proper installation of that ECM. The installed cost of all contributory items, associated with the proper installation, cannot exceed the cost of the individual ECM cost. Both the contributory and ECM costs are to be wrapped for the total ECM cost. Contributory Item: Items required by WAP field standards to achieve a final product in a typical installation. Contributory items must be necessary to complete the proper installation and ensure proper performance of the ECM. Incidental Repair is defined as: repairs necessary on items for the effective preservation of weatherized materials. Instructions for Priority List: 1. Perform the Major Measures in order as they appear on the list below. Documentation must be provided if a Major Measure is not addressed, or end result is not achieved. - If the unit does not meet required criteria, then Major Measures have not been completed adequately and additional work must be considered and/or completed. - Subrecipient CANNOT perform any Secondary measures until ALL criteria for Major Measures have been adequately addressed installed. - If Subrecipient does NOT meet or exceed the required criteria for major measures consistently across program years, future LIHEAP Weatherization contracts for Subrecipient could be restricted on the installation of secondary measures. 2. Once Major Measures have been adequately addressed, any of the Secondary Measures may be addressed in any order according to the professional judgment of the Subrecipient staff. - Decisions should be based on what is best for each individual client and unit and what has the best potential energy savings impact for that household, while maximizing allowable program expenditures. Major Measures 1. Health &Safety a. Households that have a pregnant woman - Window screens/Solar screens to help prevent exposure to the Zika Virus. b. Must meet ASHRAE62.2-2016 Standard. Page 39 of 42 c. Refer to H&S guidance located on the Department website at the following link: http://www.tdhca.state.tx.us/community-affairs/wap/guidance.htm d. To include cook stoves-refer to Chapter 8 of the MISM http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-M ISM.pdf 2. Air Infiltration a. NO MAXIMUM COST LIMITATION. b. All costs (labor and materials) must be detailed on the Building Weatherization Report (BWR). c. Complete current Blower Door Data Sheet as instructed. d. At Subrecipient Final Inspection, MUST MEET or EXCEED the Blower Door Target for seventy-five percent(75%)of houses weatherized. 3. Duct Sealing a. NO MAXIMUM COST LIMITATION. b. All return ducts to be sealed regardless of location. c. All supply ducts to be sealed when in unconditioned space. d. At Subrecipient Final Inspection, MUST MEET or EXCEED Duct Blaster Target (With Reference to Outside) in seventy-five percent(75%)of Homes Weatherized. 4. Attic Insulation a. If existina insulation is assessed as R27 or below. must insulate to meet current code. b. Block all heat sources&attic hatches. c. If no insulation is added but ventilation needed, install ventilation under H&S. 5. Wall Insulation a. Check all exterior walls for existing insulation levels. i. If adequately insulated, document and proceed to next measure. ii. If not adequately insulated, dense pack applicable wall cavities, including above and below all windows and doors. 6. Floor Insulation a. If addressed, must follow current code. b. Vapor barrier always required. c. Follow OSHA accessibility standards. 7. Refrigerator a. Meter for minimum of 30 minutes. b. Units fifteen (15) years old or more can be replaced without metering, as long as manufactured year is documented. c. Replaced units must be de-manufactured properly, materials must be recycled and refrigerant properly disposed of in accordance with EPA regulations. Secondary Measures • Low-Cost Measures a. Water Savers-aerators and low flow showerheads. b. Water heater tank/pipe insulation. C. Install maximum of 10 CFLs/LEDs per house. • Smart Thermostat a. Install only after consultation/training with client. • Solar Screens/Window Film a. Install in the following order: i. West, South, East, then North side of house. b. If the windows are covered by any permanent shading structure, then solar screens/window film cannot be installed on that window. Page 40 of 42 • Incidental Repairs a. Maximum expenditure allowed is Five Hundred and No/100 Dollars ($500.00). b. Must be related to weatherization measure. c. Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor window and door repair, gutters, downspouts, paint, stains, and sealants. d. Regarding mobile homes, could include mobile home skirting and overhangs to protect mobile home doors. e. Could also include carpentry work to protect water heaters located outside to protect DWH from weather elements. f. Repair of"essential wiring" g. Could include roof, wall, and floor repair; excluding leveling. i. Essential wiring defined as any wiring going directly to an appliance that is being addressed by the WX program. • HVAC/Evaporative Cooler Replacement a. Complete replacement of furnace/AC/HVAC as energy efficiency measure is possibility. i. Must meet current Energy Star rating for complete system replacement (see guidance below for component only replacement). ii. Must document accurate Manual J and Manual S in client file; iii. HVAC units with a SEER or downgraded SEER of 11 or less should be replaced. Documentation of the downgraded formula should be in the client file as part of the assessment; iv. Central heating units with an Annual Fuel Utilization Efficiency ("AFUE") or downgraded AFUE of sixty-five percent (65%) or less should be replaced with a high efficiency unit not less than ninety percent (90%) AFUE. Documentation of the downgraded formula should be in the client file as part of the assessment; v. Resistance central heating units, if the cooling side meets replacement criteria, may be replaced with a complete central heat pump system. Documentation of degraded cooling unit SEER and age of heating unit should be in the client file as part of the assessment; vi. The replacement of AC only components of the HVAC system in cases where the existing furnace does not meet the degraded AFUE will be allowed if the following criteria is met: 1. The components have a valid AHRI rating. 2. Components are either Energy Star Rated or documentation is present in the client file from the HVAC contractor stating the reason Energy Star rating cannot be obtained. If Energy Star ratings are not obtained the components must: a. Increase the degraded SEER rating of the existing equipment by a minimum of 3 SEER. b. Be the highest AHRI rated components available with a minimum SEER rating of 14 SEER. b. Repair of central system is potentially allowable. Justification for the repair must be documented in the client file. Repair can include, but is not limited to: i. Clean and tune. ii. Clean Evaporative and Condensing coils. iii. Check/adjust gas pressure. iv. Clean blower wheel (squirrel cage). v. Check all controls, set heat anticipator if applicable. c. Change and leave up to twelve (12)new air filters. d. No replacement of window air-conditioners if a central system is replaced or repaired to working order. Page 41 of 42 e. Replacement of window air conditioners. i. Maximum of three (3)window units can be replaced. ii. Must be Energy Star Rated and sized according to manufacturer's room sizing specifications. iii. Mini split replacement options for units with inefficient or oversized window units will be considered on a case by case basis with Department approval. In order to receive Department approval, Subrecipient must provide the following: 1. Billing history information to verify the need. 2. Window unit plate information to include age, rated efficiency, maintenance factor/condition, and BTU size. 3. Brief synopsis of the auditors reasoning for the mini split consideration. 4. Unit drawing showing the coverage of each window unit. 5. Type of heating system in the house. 6. Cost information of the replacement system. 7. Other information deemed necessary by the Department to justify window unit replacement with a mini split system. • Doors and/or Windows a. Doors/windows that are structurally unsound or unable to be repaired may be replaced. b. Prior to replacement, Subrecipient must receive written Department approval. If prior approval is not received, costs are disallowed. Page 42 of 42 2/16/22, 1:27 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTII Create New From This M&C DATE: 12/14/2021 REFERENCE **M&C 21- LOG NAME: 19NS TDHCA-LIHEAP NO.: 0969 2022 CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT. (ALL)Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs for the 2022 Low-Income Housing Energy Assistance Program, a Federally Funded Program Sponsored by the United States Department of Health and Human Services Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home Energy Costs, in an Amount Up to $1,200,000.00, Waiving Indirect Costs of$44,955.00, Authorize Execution of Related Contracts and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of grant funds from the Texas Department of Housing and Community Affairs in an amount up to $1,200,000.00 for the 2022 Low-Income Housing Energy Assistance Program; 2. Authorize the execution of related contracts, including any renewals, amendments and extensions, with the Texas Department of Housing and Community Affairs for the grant funds; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount up to $1,200,000.00, subject to receipt of the grant; and 4. Waive indirect costs of $44,955.00. DISCUSSION: The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that will be used to assist with weatherization and energy efficiency efforts in the homes of low-income individuals in the City of Fort Worth (City) and Tarrant County. A contract for services between the City and the Texas Department of Housing and Community Affairs (TDHCA)will be executed upon receipt of the contract from TDHCA in Janurary, 2022. The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk of the funding for the program comes from the TDHCA through the Low-Income Housing Energy Assistance Program (LIHEAP), which also administers grant funds from the United States Department of Energy and the United States Department of Health and Human Services. Additional funds are supplied by the Texas Association of Community Action Agencies (TACAA), which administers monies allocated by Oncor Electric Delivery (Oncor)to provide a Low-Income Weatherization Program that complements the federally funded WAP and provides assistance to Oncor's low-income customers for energy efficiency measures. The WAP will utilize LIHEAP grant funding to serve low-income residents in Tarrant County with household incomes at or below 150\% of Federal Poverty Income Guidelines. WAP will assist these residents by weatherizing their homes and making them more energy-efficient. TDHCA's LIHEAP will be administered within existing WAP standards and guidelines, and through various contracts with subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any eligible services for the City will not be paid until work is inspected and approved by Neighborhood Services Department staff. Administrative costs are restricted to seven percent of the LIHEAP grant apps.cfwnet.org/council_packet/mc_review.asp?I D=29517&councildate=12/14/2021 1/2 2/16/22, 1:27 PM M&C Review based on the total allowable expenditures for the LIHEAP. All Weatherization Assistance Program funding will allow for up to 200 homes to be weatherized through the 2022 grant cycle. A waiver by the City of indirect costs will maximize program benefits. The LIHEAP grant provides funding for four full-time positions with estimated direct salaries of$240,016.00. The addition of indirect costs would result in the reduction of staff and services. The estimated indirect costs that are being asked to be waived is $44,955.00. This program services ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. Neighborhood Services (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 I Department Account Project Program Activity Budget Reference# Amount ID ID I I Year Chartfield 2 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Victor Turner (8187) Additional Information Contact: James Armstrong (7380) Eric Vodicka (7583) ATTACHMENTS 19NS TDHCA-LIHEAP 2022 21001.docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=29517&councildate=12/14/2021 2/2