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Home My WebLink AboutContract 53435-A4CSC No. 53435-A4 T�XAS D�PARTM�NT OF HOUSING AND COMMUNITY AFTAIRS AMENDMENT NO. 4 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) This Amendment No. 4 to Comprehensive Energy Assistance Program Contract Number. 58200003147 by and beriveen 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 ("SubrecipienY'), hereinafter collectively referred to as "Parties", RECITALS WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number 58200003147 ("Contract") on January Oi, 2020 and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. AGR�EMENTS NOW THEREFORE, for valuable consideration, the receipt and suf�iciency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. The following Contract section is hereby amended as follows: 1. Section 2. Conhact Term, o�'this Contract is hereby amended to read as follows: The period for performance of this Contract, unless earlier terminated is January Ol, 2020 through June 30, 2021 (hereinafter the "Contract Term"). SECTION 2. 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 govem, unless it would make the Contract void by law. SECTION 3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 4. 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. SECTION 5. If any of the Parties returns a copy by facsimile machine or elechonic transmission, the signing pariy intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 6. 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. OFFICIAL RECORD page 1 ot'2 CITY SECRETARY FT. WORTH, TX S�CTION 7. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 8. This Amendment shall be effective and memorializes an effective date of March Oi, 2021. WITNESS OUR HAND EFFECTTVE: March Ol, 2021 SUBRECIPIENT: City of Fort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Managei• Date: April 7, 2021 9:36 am DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUIVITY AFFAIRS, a public and official agency of the State of Texas By: Robert Willcinson Title: Its duly authorized officer or representative Date: April 8, 2021 8:11 am Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT NO. 58200003147; AMENDMENT NO. 4 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: � (�,�— Taylor Paris Assistant City Attorney ATTEST: //��\�� Mary J. Kayser City Secretary M&C: 19-0343 Dated: December 3, 2019 �,a�� ,o,�'� F OR p� a� � p ��000000000� �� o � 0 � �_o o�� o °_� � oo ��d ��a� � °°000000� ,� � nEX ASaaa CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) Title: Assistant City Manager Date: Apri17, 2021 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: Apri18, 2021 By signing below, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �� .�a so�,��s��,g�et ;AP��,,Zaz��3�3�oT, �FFICIALREC�RD Sonia Singleton, Assistant Director CITY SECRETARY Neighborhood Services FT. W�RTH, TX CITY ��CR�i�F:i� �`� �� # ,� ,'; �:�`:s''"� �1�. � ��.� —_.�. ��, T�3�AS D�PARTN��NT QR FiOUS11VG AND CON1Mii1VITY AFFATT2S CQiV`�'�tACT IVUMBER 58200003147 G��'J F=Y 2020 COMPI2G;HI+.NSIVE ENERGY ASSISTANC� PRQGRAM (C�AP) �� ,L A Zp�-� ` (CI'DA # 93.568) �4`N �.,':�t��` �' ��'��`' Arvarding I'cderal Agen¢y: U�3i#e�l 5tates Department of IIealfh and Iiu�n:tn Se�vices C1��C� . „ , rY��"" TDHCA P'eder.�E Award Nu�nber: �-20BI'C�CI.T-C;A � Aw,ird Ycar (Yca�• of AivxE•cl from f3HS tu TDIICA): 20ZD Unique I+lntiiy Idcntitiei• NutnUer: 14733G9GS SECTION I. PARTIES TO THE CONTRACT '1'his 2020 Comprehensrve �nergy Assislance Program {CEAY} Cont�-act Numbcr 5$2pp003147 ("Cant��act") is made by and bel�veen tl�e Texas Depa��tc��cnt of I-Iousing and Cc�mmunity Affairs, a pubiic and official agency o1� tl�e Siate of `Icxas {"Depa��tmcn#"}, a�id City of Tort WurtEi, a palitical subdi�ision of the 5tate of Texas ("Subrccipient"), hereinaftee� tlie "Parties". SECTION 2. CONTRACT TE1ZM This CoE�fract si�ali co3nmet3ce on Jan�Eary U1, 202�, and, imless earlier terininated, shall end on Decemi3er 37, 2020 ("Contract Term"j. SI:C'I'TON 3. SUBR�CIPI�NT P�RTOR]VIANC� A. Subrecipient shall tttrougltout iis Setvice Area A. ope�-ate a Coniprehensivc Energy Assistance Program, {"CL.AP"}, in accordance �vitl� the T:conomic Opportunrty Acl of [9G4 (Pub[ie Law 88-452), the Low-Tncome Eiome Energy Assistance Acc of 19$1 as unecaded (A2 U.S.C. §$623 el seq.) (Title XXVT oT tlle Omnebus [3udget Reconciliatian Act of 1981, Public Law 47-35, as amenc3ed) ("LIHCAP Act"), Chapter 21D5 af thc Texas Governinent Codc ("State Aci"), Chaptcrs 2105 a��d 23Q6 of fihe Texss Goverimient Codc ("State Act"), the itnplettaenting Sfate regulations unde�� T'stle ]0, Paet ], Chapter 1, Chapte3• 2 and 5iE6chapters A and C of Chapter 6 of the Texas Ac��nuiistrativc Code, as amended or supplcmented froan time to cicne (collcctivaly, "State Rules"), ilie LIHEAP State Plaii, 2 Cf�'R Pa��t 20a (as applicable), Sub3�ecipienCs "Service Delivery Plan" in accorda��ce witli IO TAC §G.306, tlie Depa��t:nenYs guidaiice related to CL�AP, all applicabie stata and fcderal regulations and Ehe te3�ms af tltis Contract. Subrecipie��k furtf�er agrees to cmnpEy with [he ceriitications ariached hereto as Addendums A, B, C and D a�id incorporated herein for all s•elevant ptn•poses; thc Budget attachcd hcrcto as Exhibit A and incorporated herein for all rele�ant purpnses, the Pee�sona3 ResponsiUility and Wo3•k Opportunily Act of 1995 ("1'TZWORA") Requirements for the CEAP atiached E�ereto as Addendum � and incorporated herein f'o3• all relevant purposes; the assiFrances, certifications, and all other statements uiade hy �uhrecipient in its application fvnding i��der this Contract; and with a13 other terms, provisions, and requirements herern set fo��[h. B. 5ubrccipient sl�all assist "�Tousehofds" tliat are "Low-income" w'sth priarity being givee� in no pli�ticular order to "Elderiy 1'ersons", "Persons with Disabililies", Households with a young child 5 years of age or under, �Iouselialds �vitl� "Nigh Encrgy Qurden" aud Househotds with "I3igli Energy Consumptiott", as said tcrms are defined i�i 10 TAC §C.2. C. 5ubrecipient shall rerund, with'sn tifteen {i 5} calendar days of tlle 4�ep�F�tinent's request, any sum of money paid io Subrecipient wliich Depa�•€nient determines E�as resulted 'ui an overpaymcnt or has not bae�i spenc in acco:�dance �vith the tenns of fhis Conh•acf. SEC'I'TON 4, l7�PARTM�]VT TINANCIAL OBLIGATIOIVS A. In consideratio« of 5ubrecipienY's satisfactory perform��ce of this Contract, Deparltnent sha�l reimburse Subrecipient for the ac[ual a[lowable costs incurrcd by 5ubrecipient during tlie Cont��act 1'erin for adminisirative expenditi�a�es and program services costs and direct scrviccs cxpcnditures in accordance witli 10 TAC �6.3Q8, in ihe ainount(s) specified in tl�e Budget attached he�eto as T;xhibit A. B. Any decision to obligaie additio��al famds or denbligate funds sf�all Ge �nade in writing by i�eparhnent in its soEe but reasonaUle discretian hased upon facto��s including, €�ut not limited to, flie stah[s of funding under grants to Deplrtment, the rate of Subrecipient's utiEization of funds under this or previous coniracts, tkte existence of qiaestioned or disallowed costs under tliis or o€her cont3•acts between the f'arties, a�id Subrecipient's overal] compliance with tlie ierms offhis Contract. Page 1 of 25 C. Deparir�aent's obligations under iEais Contract are contingcnt upo�� the aclual receipt and availability by the Departnient of 2D20 funds from tEae U.S, Department of I-Iea1tE� and I�un�an 5eivices. If s€�fficient funds a3•e not available #o ma[ee payments unde�• this Co«tract, Depai�tment shall notify Subrecipient in writing within a reasonable time after such fact is deterniined, DeparEmcnt sE�all then termi�ate this Contract and will not be liab[e for the failure to maice any payment to Subc•ecipient unde3• this Contract. Department acknowledges that it has received abligations from those sources which, if paid, will be sufficient to pay ti�e atlowahle costs i��cuf•�•ed by Subrecipient under tl�is Contract. �. Department is not liable for any cost incurred by Suhrecipicnt which: 1, is subject to rei3nbursement by a sou�•ce otl�er than Depart3nent; 2, is for perfbrmance of services or activities nof authorized by the LI�IEAP Act, State Itules, or which is not in aecordance with the terms af this Contract; 3, is not incun•cd during the Cantract Term; 4. is not reported to L�epartnaent on a monthly expendi€ure oe perforn�ance �•eport within forty-fi�e (45) calendar days following the e3ad ofthe Contract Term; or 5. is incurred for the pu3•chase or permanent impro�en�ent of real propec�t}+. E. No€withstanding any other pE•ovisian of this Contract, Department shall o��ly be liable ta Subrecipient for allowable costs actuaily incu��red w• parformances rendered fo�� activities specifisd ia the LiHEAi' Act. F. Notwithstanding any othcr provision of this Contract, the total of al] payments and other obligafions incurred by Department under tE3is Contract shall not exceed the sum af $5,638,953.00. SEC'1'ION 5. 1VIF'1'�iQD OT PAYMGNTlCASH f�AI,ANCES A. REQiJEST FOR r1DVANCE. Subrecipient may request an advance foe up to thirty (30) days. 8ubrecipient's request for casl� advance shall be limited to the mini�num amoun# needed and be timed to i�e 'sn accaa•dance with tf�e actual, immediate cash requia•ements o£ tE�e Subrecipient o�• an advance of $5,000, whicheve�• is geeater. In carrying out the purpose of this Cantract. SubrecipienF must request an advance payment by suUmitting a properly completed montl�ly expenditure report to Bepartment tE�rough the electr•onic a•eparting system no [ater than the fifteenth {1Sth) day of the mouth prior to the month for whicE� adva�ce payment is sought, togetheE• with such suppart9ng doc�n�entation as the Beparta3ent may reasonably request. B. DISBURS�M�NT PROCEDURES. Subrecipient shaEl establisf� procedures to mi��imize tk�e time between the disbu�•sement of funds fi�om Department to Subrecipient and the expenditure of such funds by Subrecipient. G. DEPARTMEN`i OI3I,]GATIONS. Subsection 5(A) of th'ss Co€�tract notwithstanding, Department reserves the right to utilize a modified cost reim�ie�rsement method of payment, whereby ��eimb�i��sement of costs i��curred by a Sub�•ecipieat is made anly af�er the Depa�•tmen# has reviewed and approved baekup c[ocumenfation providcd by the Suhrecipie«t to support such costs for all fi�€�cis, if at any time (i} Subrecipient maintains easf� balances in excess of need or requasts aciva��ce paymenfs in excess af tl�irty (30) days ��eed, (2) Departmee�t ide��€ifies any deficiency in the casf� conh•ols or financial management systan� used by Suhrecipieat, (3} SubrecipienF owes tk�e I]epartEnent fu�ids, or (4) Subrecipient violates any of the terms of this Contract. D. ALLpWABI,� EXP�NSF'S. All funds paid to Suhrecipient pursuant to this Coatract are for the payment of allowable expendifi�res co be used far the exclusive benefit of the 1ow-incame popalation of Subrecipient's 5ervice A�-ea incu��red duE•ing #he Contract Term. Subrecipient may incur costs far activities associated witE� the c[oseout of the CEAP contract fnr a period not [o exceed forty-�ve (45) calendar days fe•om tE�e end of the Co��tract Tern�. SECTIOIV 6. ADMiNISTI2ATIVE R�QYJIR�M�NTS, C05T PRINCIPLES AND AUDI'�' l2�QUT12�MGN'CS A. ADNIINISTRATIVE REOUIiL�MENTS AND COS"f' PRINCIPLES. �xcept as expressly modified by l�w or thc ternas of this Contract, Suba•ecipicnt sE�all comply with the cost principles and uaiform adminish�ati�e requiren�ents set forth in ti�e statc Uniform Grant Management Standarc[s, 34 TAC §20.427 in effect an the effective date af tliis Conri•act ("L1GMS"). All references therain to "local government" sha[1 be consh•ued €o mean 5ubrecipient, B, IrIllIR�CT COST RATE, 5ubrecipient has an approved indirect cost rate of 0.00°/a, as detailed in the lettc�• froin fhe cognizaE�t agency. C. AUDiT RE UIiZEMENTS, Aadit requirements are set forth i�� fhe Texas Single Audit Act and 5ubpart F of 2 CFR Part 2D0. Thc expenditu:•e threshold requi��ing an audit is $'750,OD0 of Federa[ fu«ds. Page 2 of 25 D. A,iJDIT ItEVIEW. Department rese�•ves the rigE�€ ta conduct additional audits of tha fands E�eceived and parformaaces rendered unde;• this Cont�•act. Subrecipient agrees to permit �epartn�ent ar its authorized c�epresentative to audit Subrecipieni's records and to obtain any documents, macerials, or infarmation necessary to faci[itate suah audit. E, CERTIFICATIQN FOILM. Fo�• any fiscal year ending cvithin or one yea�• after tE�e Contract `T'erm, SuhE•ecipient must submit an "Audit Ce:tificat€on Fm•m" (available fi•om €he T7epartme��t) withi3a sixty (GQ) days after the Sub3•ecipient's fisca] year end. If the 5ubrecipienYs 5ingle Auciit is requi�•ed by 2 CFR Part 20D, Subpart F, tE�e report must be submitted to the Federa[ A�dit Clearinghouse ("FAC") the ear[ier of 30 calenda�• days afte�� receipt of the auditor's report or nine (9) a�onths aRer #he end of its �•especYive fiscal ycar. As noted in 1�TAC �1.�403(�, Subrecipient is requi��ed to subc��it a notification to Department within five (5} business days of submission to the FAC. Alang witk� the notice, indiaafe if tl�c auditor issued a managcment ]etter. If the3•e is a managcmen€ letter, a copy of the letter must be sent ta thc Department. Both the not'sce and the capy of the cnauagement letter, if applicahle, must ba submitted to SAandACF rr tdl�ca.state.tx.us. r P. SUBCOl�TRACTS. The 5ubrecipie3�t sha[I include language in a3�y subcontract that provides the Department thc ahility to directly review, nionitor, and/or audit the operatianal a€�d financial performance andlor records af work perfoE•�ned under this Contract. S�CTIOIV 7. DI�OBLIGATION,'I'L,IiMTNATION AND SUSY�NS�ON A. DEOBLIGATiON. The �epar�ment may deobligate funds from Subrecipient in accordance with IOTAC §1.4i1, 70 TAC §6.304, and Chapter 2105 oftlie Texas Government Code. B. TERMINATIOI�i. Pursuant to IO TAC §§2.202 and 2.203, the ]7eparlxnent may te�•minate this Contract, in whole o�• in pac�t, at any time Deparhnent determines that fhe�•e 'ss cause fa�• termination. Cause for termination i��cludes, but is ��ot limiced to, Suhrecipiant's failure to comply with any tern� of this Contract or reasonable betief that Subrecipient cannat or will not comp[y witE� the a•ec�iEi�•ements nf the Cantract. C. GENERAL. 5u63-ecipient's failure to expend the funds p�•ovided undee tl�is Contract in a timely ma3aner may resu[t in either the tertt�ination of tltis Contract or Subrecipient's ineligibility to receive additional fuadi�g under CEAP, or a reduction tn the origi��al alloca#ion of funds ta Subrecipient. D. SUSI'ENSION. Nothing in this Sectio�3 7 sha[I be consh•ucd to limit Depa��tmen€'s authority to witE�f�old payment and immediately suspend this Cont��act if Depa�rtment identifies passible instances of fraud, abuse, waste, fiscal mismanage�nent, or other deficiencics in Subrecipient's perforraance including but noc li�nited to, S�brecipient's failure to correct any monitoring �ndings on this or any state conk•act or on a sing[e audit rcview. F. WITIiHOLDING OF PAYMENTS. Nntwithstanding any exercise hy Depa��tinent of its right of deo�ligation, terminetian or suspensioc�, S�bracipient sEzal[ not he relieved of any ]iability to Departcnent €or damages by virtue of a��y breach of thas Conh•act by SuUrecipienf, Department may wifhhold any payment due to 5nbrecipie�t uatil such time as the exact amount of damages d�e to Depa3•tn�ent is agreed upon or is otheewise deterinined in writing between t€�e Parties. F. LIABILI'iY, Depa��hnent shal[ nat be lial�le fo�• any costs incurred by Su�recipient aRer teE�rnination or during suspension of this Cantract, ar for any costs that sre disa[lowed. S�CTXON 8. ALLC)WABL� �XP�N➢1'I'iJXi�S A. 'ihe allowabi[ity of Subrecipient's costs incure-ed 'sn the pe3�fo3•mance of this Contract si�all he determincd in accorcta��ce with the provisions of Sectiau 4 of #he Contc�act and the regulafions set forth in the LiHEAP Act and the State Ri�les, subject to the [imitations and exceptions set forth i�i this Section $. B. C�;AP funds allow up to 7.22% of the award amouni to be uti[ized far administrative costs. Adminisri�ative costs incurred by Subrecipient in performing this Conh•act are to be based on actua[ progra�nmaEic expenditu�•es and shall be allowed up to the amount autiined in the Budget attached E�ereto as Exhibit A. Eligib€e adininist�•ative casts include costs re[ated to staff perfnrmance of management, accounting and repor�ing activities in accordance with the LIILEAP State Pfan. C. Adn�inistrati�e and pragram services activities funds ai�e ear€�ed through provisio❑ of direct services to clients in accordance with #he State Rules. Si�brecipient may cE�oose to submit a finai budget revision no later tktan forty-five (45) calendar days p3�iar to the end of the Contract Term ta use its administra[ive and program seivices funds foE• direct service c�tegaries. Page 3 of 25 SEC'I'ZOiV 9. I2�CORD K��PING REQUTI2�M�IVTS A. G�'%I�.RAL. Suba•ecipient sEtall co3nply with all the record keeping require�nents set fortti belo�v and shall maintain �scal and prog�'a3nmatic records and supporting docuinentation for all axpenditures of funds made under this Coniract in accardance with the U��iform Grant MaE�agecnent Standards, Chapter III, "State CJnifarm Admiuistrative Rec�ui�•ements for C�rants and Coopez•ative Agreements", Subpart C-Post Award Iteqairements, §_.42. Subrecipie�at agrees . to comply with any changes to tk�e UGMS recard keeping ��equireenents. For pur�osas of comp[iance �nonitoE•ing, all associated documenfation must be readily available, whet3�er sto�•ed electronical[y ar hard copy to demanstrate compliance with Subrecipient Performance as outlined in Section 3. B. Ol'EN RECORDS. Sub;�ecip'sent acknowladges that all information collected, assembled, or maintai�ied by Si�hrccipient pertaining to fhis Contract, except recards niade confidential by ]aw, is subject to the Tcxas Public Inforn�ation Ac€ (Chaptc3• 552 af Texas Government Code) and m�st provide citize��s, puhlic agencies, and other interesteci paz•ties witli reasoa�ahle access to all recards �er#�ining to this Co��trac[ subject to and in acco4�dance with the Texas Public Information Act. C. ACC�SS `�0 FtECOItDS. 5ubrecipient shall give the U.S. Departmeni of Health and IIuman 5arvices, the U.S. Gencral Accounting Of�ice, the Tex1s Comptroller, fi�e State Auditor's Office, and Iaepartment, or any af tl�eir duly authoe•ized representatives, access to es�c3 tE�e right ta examif�e and copy, on or off thc gremises of Sub��ecipiee�t, all records pertaining to tk�is Contract. Suck� rigi�t to access sE�alE contie�ae as long as che records are retained by Subrecipient. Si�brecipient agrees to cooperate with any exarnination eonclueted pursuant to this Suhsection C, U, RECQRFJ RETENTION. Subrecipient agrees to maintain such reco3•ds in aca accessih[e location foe tf�e greater of: (i) the time period descrihed in the state Unifonm Grant Management Staiid�crds, Cliapter iII, "5tate iJniform Administrative Requirements for Gra��ts and Cooperative Agreements", Subpart C-Post Award Requi��ements, §_.42; (ii) tl�c date that #he fnal audii is accepted with ali audit issaas resa[ved to tl�e Department's satisfactaon if the Depa��tment �iotifies the Subrecipient in writing; (iii) if a��y lifigation claim, negotiation, inspection, or other action t�as started before fhe expiration of [he ��cquired retention period records must he retained until coinpletion of the action and resolution of al[ issues whicJi a3•isa uade�• it; or {iv) a da#e consistent witk� any other pe��iod requi�•ed by the perfo�•med activily reflected in federal or state iaw or regulation. CJpon terminaEion of tl�is Contract, ali records are property of the Department. �, C�,IENT FILES. Sea6recipient slaal( maintain a client file system to document direct seE�vices rendered. Subrecipient sE�all maintain complefe client files at al[ tin�es. Costs associated with incomplete �les faund at the time af prog�•arrf monitoring may be disallowed. rach client fiie shal[ contain the following; 1. Claent applieation con#aining a[1 Department requ�rements; 2. Documeatation/verification af ciient incame for the thirty (30) days preceding #hci€� application for all Hnusehold members eightcen (18) years and older, or Declaration a£ Income Stateme3ai (AiS) (if applicable). In ordar to use the Dis form, each 5ubrccipiant shall devefop and implement a wr'stten policy and procedure on ttte use of the form. 3. Copy ofclie�t's u€i[ity bill(s); 4. �nergy consuinption history for ps•evious twelve (12) nionths (al[ fuel ty��es) OR or Department approved Alternative Biiling Method; 5. Documentatinn of payment (Documentation of �ayment may be niaintained in a separafe file, but niust be accessib[c to tk�e Department,}; � 6. Dacumentation of ber�e�ts determination; 7. Notice ofDenial �'orm (if applicable); $. Right of aPpeal a��d ps�oceduras for denial or teG•minatian of services (if applicable); 9. Any dacur��entation required by directives provided by the Depa��tme��t; 10. Prio��ity rating form; and 11. Case notes sufficient to document that ��•og��am service acfivity i�as occurred. P. SUBCON'�RACTS. SuE��•eci�icnt shall include tE�e substance of this Sectio�i 9 in all subcontracts. Page 4 of 25 5�CT1dN 1�. R�PORTII�G R�QiJIREM�NTS A. 1�UN17ING �EPOR`I'. By thc t5th of each manth, Subrecipient shall electronically submit to Depa��tment, a Funding Report of al[ expenditures of funcfs and c[ients se;�ved undec• this Conf�•act durif�g the previous ;nonth. These reparts a;•e d�e even if Suba•ecipienE I�as na new activity to repart during fhe month. B. INVT'sNTORY. In accnrdance with 10 TAC �1.407, Suhrecipient shall sub�nit to Department, no ]ater than forty-five (45) calendar days after the end af the Contract Term, an invef�tory af ali veiaictes, tools, and cc�€3ipment with a unit acquisition cost of $5,000.00 and/or a use£ul [ifc of cno�•e than one year, if �u3•chased in whole or i� part with funds received undez• this Coe�tract or previous C�,AP contracts. The invento�y shall include the vehicles, tools, equipment, and a�pliances p�s�•chased with �nergy Crisis funds on hand as oF the last day of the Contract Term. Subrecipiec�t acknowledges tfsat all equipment and supp[ies �urchased with fu��ds fi•on� ti�e CEAP are the progerty of CEAP and as such, stay with tl�e Subreci�ienttE3at pravides CEAP services in the Service Area. C. FiNAi, It�PORTS. Subrecipient sl�a[3 electroc�ical[y subrnit to Depa�-tment, no later than forry-five (45} calendar days after t€�e end of i€�e Contract Term, a fcnal report of a[1 expenditures of funds and clie►�ts served under this ContE•act. Failure of 5ubrccipient to provide a full accaunting of funds expenc[ed under this Gontract may result in the termination of this Contract and ineligibitity to receive additional funds. If Suhrecipient fai[s to subn�it a final expendihu•e/perforniance repart within forty-five (45} calendar days of the end of tha Contract `I'erm, Department wil[ use thc last report submittcd hy Subrecipient as the final repart. D. FIOUS�,HDLD DATA. By the i5tt� of eacEa month, Subrecipient shall electronica[ly upload data on �Iousehalds served in the previous month into the CA Perforinance Measu��es Module located i3� tha Community Affairs Contracc System. E. �EFA[JL`i. If Subrecipie«t faifs to submit within foriy-five (45) catendar days of its c€ue date, any �•epart or response required by this Contraci, inc[�d'sng responses to monitoring reports, Department may, in its so[e diso��etion, deob[igate, wiihhold, o�� suspend any or a[I payments otherwise due or requested by Subrecipient hereunder, and/or i€�itia€e procecdings to te�minate this Contract in acco�•dance with Section 7 of fhis Conh•act. F. LTNIOLIE EN`I'IT'Y ID�NTi�IER N€.)MBER. Sub��ecipient shal[ provida the Deparhnent with a Data Ut�iversa[ Numbering System (f�UNS) nun�ber and a Central Contractor Registration (CCR) System number to be used as the Unique Et�tity Identifie3• Nu3nber oE� all conte-acts and agree��ents. The DUNS number must he p��ovided in a doc�►�nent fi•om Dun and �3r�dstrcet and the cu��rent CCR number �nust be submifted from a doa�ment retrieved from the htfps://w�ur�.sam.gov website. Tltese documents mt�st be provided to the �cpartme«t prioe to the processing first pay;nent to Subrecipient. Subrecipient shal€ maintain a current DiTNS number and CCR number far the entire Co�rt�•act "Z'erm. S�CTIOIY 11. V�NDOR AGI2��M�1VTS For each of Subrecip'sent's vendors, 5ubrecipient shall implen�ent and maiataia a vendor agreement tt�ac contains assurances relating ta fair bil[ing practices, delivery procedi�res, aad pricing procedu�•es for business trausactians involving CEAT' clients. All vendor agreements are subject to �noe�€toring procedu3�es perforn�ed by T�I-ICA. All vendor agreements musE be renegatiatecf ac leasc every fwo years. SSC'i'IQN i2. CHANC��S AND AM�NDM�IVTS A. AMENDNI�NTS ANT� CHANGES REOUIRrD BY LAW. Aay change, addition or delation #o the terrr�s of this Contract 3•equired by a changc in federal or sta#e law or regulaEion is aufomatically inco�po3•ated heeein and is effective on the date designated by sach law or regulation without the requirement of a written amendment hereto. Said cha��ges, ldditions, or deletions a-eferenced under this 3ection 12 may be further evidenced in a written amandment. E3. GENL:RAL. Except as specifically prov�ded otherwise in this Contract, any changes, additions, or deletions ta tlie terms of this Canh•act shaEl be in writing and executed by bot3� Parties to this CoE�tract. C. FACSIMI1,lE SiGNA'I'UILES. If any Party returns an executed copy by facsi�ni[e n�achine or electronic tra�3smissioE�, tE�e signing p�rty intends the copy of its authorized signatu3�e printed by Fhe receiving machine or tE�e electcnnic transmission, ta be its original signah�re. D. R�OU�S`I'. Wrii#en requests far a Contract amendnient must 6e received by the Department by no later tlia�� forty-five (45) days prior to the end of the Conh•act Term. Pagc 5 of 25 S�CTION 13. Y120GRAl4I INCOMI� Subrecipient shal[ accot3nt for and expend program income c€erlved from activities financed in whoie or in part with funds provided undee this Contract in accordance with the state Uc�iform Grant Management Standards, more specifica[ly, Chapter III, "Slate Uniform A,droinistrative Requiremenis FoE� Gr�nts and Cooperative AgreeEnents", Suhpart C- Pas#-Award Requiren�ents--Financia[ Admi��istratio��, §_.25, T'rogE•am income. S�CTIOIY 14. 'X'ECiINiCAL ASSISTANC� AND MONT`T012ING DepaE�tmeE�t may iss€�c tecE�«ica[ guidance to exp[ain the rules and pravide directioe�s on terins of tliis Cunfraot. I�epae�tme�t or its desigaee may conduct on and of'F-s9te monitoring and evalitation of 5ubrecipient's campliance with the terms of this Co��t��ack De�a;�tment's monitor�ng may include a review of the efficiency, econoniy, ancE effcacy of Subrecipient's �ierfo;'mattce. I7epat�mcnt wil[ notify Sub��ecipient in writing of any deficiencies noted duri�g sue[t inonitaring, Depa�#ment may provide training and technical assisiance to 5ub�•eci�icnt in correcEing the deiiciencies nntec[. Depa��tme�t �nay x•equire con�ective action to remedy deficiencies e�oted in Sub��ecipient's accounting, personnel, �a•ocurement, and manageme�t p�rocedw•es and systert3s in order to comply with 5tate or Federal requi�•ements. Bepv�tment may conduci Follow-up visits to review thc previous(y noted deficiencies and to assess ihe Sul��•ecipient's eflorts madc to correct them. Repeated deficiencies niay resalt in disallowed costs. 17eparttttent may termir�ate or suspend this Conh•act or invoke other remedies Bepartment dete��mines to be appropriafe in the event mauitoring c•eveais material deficiencies in 5ubrecipient's pez•formance, or 5ubrecipient fails to correct any deficiency witE�in a reasanable period of tima, as datar�nined by tE�e Department. Depa�rtme��t or its desigaee may enf3duct an ongoing prograin evaluaEion tEa�•oughout the Cont�•act Term. SECTION l5. IND�P�1V➢EN'I` SLTI3R�CIPIENT Subrecipient is an independent contracto�•. SECT101V 16. YROCURENiE1V'1' S'fAIVDARDS A. SuhrecipieE�# shall comply with iJGMS aa�d ID TAC §1.404, this Contract, and all applicable %de�•a[, state, and [oca€ laws, regulations, and ardinances fflr making procurenient h•ansaciions and purchases under this Contract, FS. Subrecipient may not use funds �rovided uader this Coniract io purcl�ase equipmant (as defined by C�GMS) with a unit acquisitian cost (the net in�oice uuit price of an icem of equipment) of more than �5,040.00 ar an any veh€cle purchase unless Subrecipient lias received the prior writteu approval fi•om the Depar#ment for such gurch�se. C. When tl�e Subrecipient no longer r�eeds equipment �urchased with CEAP grant fu��ds, regardless af pu��chase pc�ice, or upon the termination of ihis CoE�tract, Deparrincnt may take possession and h•ansfer title ta any such property oE• equipment to the Aepart�nent or to a thi�•d party or may seek reimbu�•sement from 3ub�•ecipicnt of the current anit p�•ice of ihe item of equipment, in �epartmenYs sale determinat'so��. 5ubrecipieni muse �•equest permission from the De�art«�ent to transfer title or ciispose of'ec�uip�nent gu3�chased wit€3 C�AP grant funds. 5EC'I'ION 17, SUBCONTRACTS A. Subrecipient may not suhgrant t'unds ii�der tt�is Contract or subconEraci the prin�ary performance of this Cont:�act, inclading but ��ot [ianited to expenditure and perfarmance reporti��g and drawing funds tha•ough the Commanity Affairs Con[ract System, and only may en#er into properly procured subcontractuai ngreemeats far cansulting and othe3• professionat services, if 5ubrecipiant has received Aepartn�enPs prior written approval. Suhrecipient may subco��[racc for the delivery of client assistance without obtaining Depu�tment's prior app�•ovaL Any subcontract i'or the delivery of c[ient assistance will be subject to monitoring by the Department. B. In no event shall auy provision af this Section I7, specifica[ly tt3e requirement that 5ubrecipient obtsin Department's priar written approval of a subconh•actor, be construed as relieving Subrecipient af tha responsihi[iry for ensuring that the perfo�7nances rendered undcr all suhcontracts a��e rendcred so as ta co�nply with a[1 of tE�e teE•ms of tE�is Contrxct, as if such performa��ces E•endered were rende��ed by Subracipient. Deparhnent's approval under this Section I7 does not constitute adoption, ratitication, or acceptance of Subrccipie�t's or subcantrector's performance hereu�der, L7epar[mcnt maintains thc right to monito3• and require 5ubrecipient's fu[1 con�pliance with the terms of this Co;7tract. Depar[ment's approval undez� this Seciion 17 does not waive any right of action which �nay eaisf or which may subsequently accrue to Department u€�de�' this Contract. Page 6 of 25 S�CCTpN 18. TRAVEL Tl�e ixa�el funds are to be €�sed on[y far Deparhnent-approved training events. Sub��ecipient s€�al[ adhere fo 2 CFR Part 200 (as applicable} and either i#s board-approved h•ave[ policy (not to exceed the amounts estai�lished in s��bchapter i of ChapteF• 57 of `i'itEe 5, United States Code "T�•ave[ a��d Subsistence Expenses; Mileage Allowances), or in the ahsence of s�ch a policy, the 3tate of Texas travel policies under 10TAC §1.408. Subrecipien€'s w��itten trave[ poticy shall delincatc the rates which S�brecipient shal[ use in computing the travel and per die�n expenses of its baard me�nbers and employees. S�CTIOI� 19. 130NDING AND INSURANC� REQU�I2GM�IVTS A. PAYMEI�T ArID PERFORMANCE BOND. If 5ubrecipienE w'sll entcr in to a consfruction or facility improvements conri•aci with a tE�ird-parly i�� tE�e amount of $25,000.00 0�• greater, Subrecipient ax€ust execute with fhe conl��actor a payment bond in the full atnoimt of the contract. If #he Subrecipient will entee• in ta contract with a prime conh�actor in excess of $100,000.00, a performance bond in thc fu[1 amount of the contract is aiso requieed. These bonds must be executed by a corpoE•ate surety autk�orizeci to do business in Texas, a]ist of wE�ich may be abtained from the State Insurance Departnien€. Such assurances of completion will �•un to tE�e Depa�•tmei�i as obl'agea and musl be docun�ented p�•ior to the start of consri•uc#ion. TE�is bonding requirement appfies to the exteE�t requirecl hy federa3 or state [aw. B. R+ISUitANC�.. Sab��ecipient shal[ maintain adequate perso►�al injury and properry damage liability insu�•ance. Subrecipient is encouraged to obtain pallut€oc� occun�ence insurance in addition to tE�e general liability insurance. Gee3era[ly, regular liability insurance policies do not provide coverage for patential effscts af many health and safety n�easures, such as lead disturhances and other pollufion occurrcnce items. Subrecipie��t should review existing policies co detaraiine if lead contamina#ion is covered. If it is not, Subrecipient sho�ld consider securing adequate coverage for ali const�•uction projacts. Additional liability insuE•ance costs may be paid from administrative funds. 'I'l�e Depai��eut strongly recommends the Su6reaipient require tk�eir contractors to ca3��y poltution accurrence insuraace to avoid being liable for af�y mistalces the contractors may m1ke. Each ageacy should get a legal opinian regardi:�g the best course to take for implementing tha pollution occurrence insuE•ance cover�ge. S�C"ii01� 20. LITIGATIOIY A.N� CLAIMS Subrecipient shall give Depaetme«t immediate writ[en antice of any claim ar �ction filed witl� a court or adeninist��ative agency against Subrecipier�t and arising out of the perFormance of this Contract oc� any subcanr•act hereunder. Subrecipient shal[ fuE�nish to Dcpa��tment copies of ail pert's��ent papers s•eceived hy Sub3�ecipieni with respect co such action or claim. SECTIdN 2I. LEGAL A iJ'THQRITY A, LEGAL AUTI�OTtITI'. Sub�•ecipient assures and guarantees lEaat it pnssesses the legal autE�o3•ity to enter into chis Coczt��act, fo receive a3id manage the funds au#l�oa•ized by tk�is Contract, and io perfoim the services Subrccipient l�as obligated itself to perfarm he�•eunder. Tl�e exccntion, delivery, and performance af this Contract wi[1 not violate SubrecipienYs cons#it€�tive documents or any requirement to which Suhrecipient is subject and repz�esents ihe legal, valid, and binding agreenaent of 5uhrecipient, enforceable in accordance witl� its tern�s. B. SIGNATiTRE AU1'�IORITY. The person signing this CoE�fracE on hehalf of S€�brecipicnt k�e�•eby wa�•rants that he/sl�e f3as been duly autE�orized by the 5ubs�ecipient's governing baard to execute this Contract on beha[f of 5ubrecipiee�t and to va[idly and legally bind 5ubrecipient to the terms, pravisions aad Peeformances herein. C. "I'ERIvIINATION: LIASTLI"T"Y. De�ar[ment sha[1 have the ��iglit to suspend or terminate this Co:alract ii there is a dispute as to the legal authoriTy of either Subrecipient, or tk�e person signing this Coc�tract on behalf of Sub�•ecipient, to ente�• i��to this Goatract ar to render perfo►�mances hereuader. Subrecipient is 1'sable ta Depai�tment far any money it has recaived fi•om �epartn�ent for parfarmance of the prpvisions of tl�is Contract, if the De�arm�ent k�as terniinated chis Contract far reasons enumarafed in tl�is Section 21, D. MERCER; DEFAULT. Subrecipient underst�nds that it is a�i event of default under this Conh�act if the 5ubrecipier,# lic�uidates, terminates, dissolves, merges, coasolidates or fails co maintain gooc€ standing in the State of Texas, a��d such is not cured prior to causing material harm to 5ubrecipient's ability to perform under fhe terms of this Contract. Page 7 af 25 �EC'i'ION 22. COMPLIA,I�'C� WITI3 LAWS A. F�D�RAL, STA'I'�, AND LQCAL LAW. Subreci�ient sl�alt comply with the LI�3EAP Aci, tE�e federa] rules and regulatiotas promulgated �nder the LIHEAI' Act, ti3e State Act, Chapter 2105 of the Texas Government Code, the State Rules, LIHGAP State Plan, the ce�•tificatioas attached, �nd all federal, siate, and local laws and regulations applicable to the pe3•fo�mance of this Conte•act. 5ubrecipient shall nat vio3ate any federal, state, or ]ocal ]aws, stated herein ar otherwise, nor can�mit any il[egal activity in clie pee�formance of or associated with the pez•formance of this Contract. No fu�ds under chis Contract sha[I be used iar any illegal activity or activity that violates aE3y federa[, state or lacal laws. B, flRUG-PTZEE WORKPLACE ACT OP 1988. The Suhreeipient af�rnas by signing this Gontract and the "Certification Rega�•ding IJrug-Free Workp[ace Rec�i�ireme�its" aftached hereto as Addendum B that it is i�npleinenti€�g thc Drug-Free Workp[ace Act af 1988 (41 U.S.G. §701, et seg) and HCTD's implementing regulations including, without [imitati�n, 2 CFR Parts 182 at�d 2429. C. LIMITT:D ENGLISH PROFICIENCY (LEP�. Subrecipieat must provide program applications, forms, aE3d educationaE materials in Eng[ish, Spanish, and any apPropriate lac�guage, based on the needs of [he Service Area and in co�nplianee with the requirements in Executive 03�der I3166 of August 11, 20U�. `Io ec�sure compliac�ce, tlie Suhrecipicnt must take reasonable steps to insure that peE�sons with Limited �nglish Pro�ciency 1�ave meaningful access to the program. Meaningf€�I access n�ay entail providing language assistance services, inc[uding oral and written t�-anslation, where necessa�•y. D. INI'ORMATION S�CURI`fY ANT7 PRIVACY RE Uif2EMEI�ITS. 5uhrecipient sha11 comply with the info�•�nation security and privacy �•equirements unde:• 10 TAC $ I.24 to ensure tE�e security and privacy af Protected lnfo�mation (as said term is de�ned under T 0 TAC § 1.24). T'. P12EVEN1'TON OF Tft,AF�ICKINCr. Snbrecipient and its contz•actaa•s must compty with Section IpG(g) of the Traf(icking Victims Protection Act of 2000, as amended (22 U.S.C. �7104 et seq.). IF Subrecipient or its coniractor or subcontractor engages in, or uses lahoa� �•ecruiters, bro[cers nr other agenis wha engage in any of the prohibited activities under Sectian 10G{g) of tt�e Trafficking Vic[ims Protectian Act of 200�, Departrr�ent may terminate th€s Co��tract and Subrecipient hee�eby agrees and acknowledges tE�at upon ternainafion, Subrecipient 's rights to any funds sk�all be terminated, SECTION 23. PI2EVGIVTIQN OI' WA5`1'�, FI2ALTD, AND ASUS�; A. S€�brecipient shall estabGsh, maintain, and utilize systems and proceduees to prevent, deteet, a��c� cor��eet waste, fraud, and abuse in activities fu��ded under tt�is Contract. The systems and procedures shal[ add��ess possible wastc, fraud, and abuse by Subrecipient, its e�nployees, clients, vendors, suhcontractors and administeri��g age��cies. Suhrecipient's interna[ cof�trol systems anci al4 iransactians and otE�er significant events are #o be clearly dacumcntcd, and the dacumentation 'ss to bc readily availabte for monitoring by Department. B. Sub��ecipient shpll give Depat'iment comp3ete access to �11 of its rccords, employees, aiid agents for fhe purposes of aE�y investigation of the Comprehensive �'nergy Assistance Program. Subrecipient sE�al[ immediately notify I�epar�nie��t of any discovery of waste, fraud, or abuse. Subrecipient sha[1 fully coopa��ate with Departine�it's effm�ts to deteet, investigate, and preveE�t waste, fraud, a��d abuse in the Comprehensive Encrgy Assistance �'��og�•am. C. SubrecipienY may not discriminate against any er�ployee or o#her person w(�o repoits a violation af the terms of this Contract, or of any law or regulation, to Depai�trc�ent or to any appropriatc law enforceme�t authority, if the repo3�t is made i�� good faith, S�C'�'IQIV 2A. CERTIFICATi01� R�,GARDING UIVDOCUMEIVT�D WORK�RS Pursuant to Cf�apier 2264 of the Taxas Govern�nent Code, hy execution of this Contract, Subrecipient E3ereby certifies that SubrecipiendLoca] Operator, or a branch, division, or department of SubE•ecipisnt docs not and wi[1 not knowingly employ a€i undocumenfed worker, wE�ere "andocumaczted worker" n�eans an individual who, at tk�e tiine of emplaymenY, is not [awfully adn�itted for permanent residence to fhe United Sfates or authorized under law to be employed in that ma��ner in the iJnited States. If, afte�� receiving a public s�bsidy, Sab��ecipient, or a branch, divisian, oa� depai�tment of Sr�brecipient is convicted of a violation unde�• & U.S.C. §1324a(�, Subrecipient sha[I e•epay the public subsidy with interest, at a rate of five percent (5°/a) per annuin, not later than f1�e 120th day afte�• the dafe the DepaE•tmeni noii�es Subrecipient of the violatian. Page S of 25 SECTI0IV 25. CONFLICT OR IN'f�RE5TII�EPOTISM A. Subrecipient shall mainiain wriiten standards of conduct governin� the perfo��nance of its employees engaged ia che award and adm€nistrat€on of confracts. �3. No employee, afficer, or agent of Subrecipaent sha11 pa�ticipate in the seleciion, award, or administration of a contract s�►ppoc•ted by federal funds if a real ar apparent coi�flict of i��terest would he involved. Such a conflict would a�•ise when the cmpfoyee, olTicer, or agent, any member of his oe her imn�ediate family, his or her �artner, or act organizatian which emp[nys of' is about to errtploy any of the Pa�'tics indicated lierei€�, has a financia[ or ott�er interes# in tE�a firrs� seleeted far an award, C. The offcers, employees, and agants of tl�e Subrecipicnt st�all neither solicit nor aecept gratuit€es, favors, ar anything of monetaiy value from cantractors, or parties to subagreements. Subrecipient may set standards for siriiations in which the finaucial interest is €�ot substanfial or the gift is an ue�so[icited ite�n of nomi��al value. The stanciards of conduct sha[1 provide for diseiplinary aciions ta be app[ied for violations of such standards by officers, ernployees, or agents of the Subrecipiant. D. SubrecipieE�t shall, in addition fo the requ'srements of this Section 25, �'aqow the rcc�uirements of Chapter I7i of the Loca[ Gove�•��nlent Code ��egardie�g conflicts of intcrest of of�icers of ��mnicipalities, counties, anc3 certain other local gpvee•nme«ts. E. �'ailure to maintain written standac�ds of conduct and to fotlow and enforcc the written sta�dards is a candition of default under this Contraet and may resulf in termi€�ation of the Conh•act ar deobligation of funds. SFC'�`XON 2G. POLITICAL ACTiVITY PX2O�Tr13I'T�D A. None of the funds provided under this Contract s[�al[ be used fo3• in€li�encing the outcome of any election, ar the passage or defeat of any [egislative measure. This prohibition shall not be cons€rued to prevent any state official or employee from furr�ishing to any member of €ts governing body upan request, or to any othe3• [ocai ar state official oa• emp[oyee, or to any citizen, inforEnation in tl�e haads of the einployee or official not conside��ed under law to he confidential informaiion. $. No funds prnvided i�ndar this Cont�•act n�ay 6e used di��ect[y or indi�•ectly to hire employecs or in any other way fund oa• support candida#es for the legislative, executive, 03• judicial brancl�es of gave€nment, the State of Texas, c�r the government af tE�e United States, C. None of the fv�zds �s•ovided under this Contract s�all he used to �ay auy perso37 or organization fo3• in{]uencing or attempting to €n(]uence an officer or employee of any agency, a member of Congress, officer or a�nployee of Cong�•ess, or an employee of a member of Congress in connection with obtai��ing any Pederal contract, gran# or any other award governcd hy tl�e Byrd Anti-Lobbying Amendment (3F U.S.C. §1352) as tlae Developmen€ Owner and each oi its tie�•s liave certi�ed by thei�• executian of tf�e "Cei�lification Rcgarding Lobbyi��g for Contracts, Grants, Loans, and Coopez•ative A�reements" attached hereto as AddandiErr� A and incorporated herein fo�� all ��elevanY purpases. S�C"�'TON 27. 1Y01�l-1?ISCRIMINAI'ION AND �QUAL OPP(3RTUNI'1'Y A. NON-AISCR1MiNATIOI�I. A person shal[ not be excluded finni pa��[icipation in, he denied the bene�ts of, be subjecteti to discriminatio�� under, or be denied emplayment in the administration of or in connectioc� with any program or activity fuaded in wf�ole or in pa�� widi funds made availAble under this Contract, an the grounds of race, color, retigion, sex, nationa[ origin, age, disabi[ity, political affiliation or belief. E3. �,QUAI. OPPORTiINI"�'Y. Subrecipient agrees to cany out an Equa[ Employment Oppo3•tuniry P�rog3�am in [ceepin� witF� tk�e principles as provided in President's Executive Order Ii246of September 24, 1955, as amended, and its in�plementing regu[atioEss at 41 CFR Part 60, � C. ACC�SSII3II.iTY, 3ubrecipien[ must meet fhe standa�•ds under (i) 5ection SD4 of t[�e Rehabilitation Act of 1973 (5 LT.S.C. §794} and (ii) Titles Il and III of the Americans with Disabilities Act (42 L3.S.C. §§ 12I3 i-12I89; 47 i1.5.C. § §155, 2D1, 218 and 255) as implementcd by U. S. DepaE•tment of 3ustice at 2$ C�'R Pai�ts 35 and 3b. Sab3�ecipient sh�ll operate each program o�• activity receiving fivancial assistance so that the program or activity, when viewed in its entirery, is readily acccssible aad usable by individuals with disabilities. Subrecipien€ is atso E•equired io provide reasonable accommodations for persons with disabi[ities. 17. SUBCON'i'RACTS. Subreaipient wi[1 include the substac�ce of this 5ection 27 in a[1 subcontracts. Page 9 of 25 S�'C'I"10N 2$. DEBAI2R�D AND S(lSPEND�D PAR'TI�S By signing ihis Concract, Subrecipient certifies that none of its pri��cipal employees, board members, a�ents, or contractors are presenily deharred, s�3spended, proposed foE• debarment, declared ineligible, or voluntarily excluded by any federa[ department or agency as provided i�� the Certification Regardi;�g Deba�•ment, 5uspension a��d Othee� Responsibility Matters attacl�ed IieE•eto as Addendum D and inco�•porated herein for all relevant purposes. The terms "covered transaction", "de€�a�rad", "suspended", "ineligible", "lower tier cove��ed teansaction", "pa�ticipant", "perso�i", "p;•imary covered tf•ansaction", "principai", "{�ropnsaf", and "voluntxrily excluded", as �sed in the certification attachcd as Addendum D, have the meaning set ouc in tE�e Dcfinitions and Gavea•age sections af ru€es impicmenting �xecutive Order I2549. Subrecipient alsa certifies that ii wi[1 not [cnowie�gly award any fu3�ds provided by this Con€ract to any person ��vho is proposed far deharment under �8 CPR Part 9, subpart 9.4 oa• #hat is debarred, suspended, ar otherwise exc[uded from or ineligible far pa;�ticipation in federal assistance programs under Executive prde�• 12549. Subrecipient agrees that prio�� to entering into any agree�nent with � potential subcontractor that the verificat'son procass to comply wit3� this requirenient will be accomp3isk�ed by chccking tlie System for Award ivTanageinent (SAM) at www.sam.gov and incfiding a copy of the e•esults in its �roject files. Subrecipient may decide the frequency by wE�ich it determi��es the eligibility o€ its subcontracto3�s. SubE�eci�ieiit inay rely upon a certification of a praspective subcanh�actor Yhat is not proposed for deharment under 4$ CFR F'a�•t 9, subpart 9.4, deba:�•ed, susgended, i��eligible, or volt�ntarily excluded fi•om the covered transactian, �nless 5�brecipient [cnows that the ce�•cifcation is e3��oneous. �'ailure of Subrec9pient to fumisi� ihe certification atiached E�ereto as Addendum D or an explanation of why it cannot provide said certification sE3all disqualify 5ubrecipient fi•om particip�tion under this Cantract. The ceEtifcation or explanatian wiil be considered in con3�ectian w€th the Depai�tn�ent's detercnination whetf�er to coatinue with tl�is Contract. Subrecipient sha[1 pravide immediate written uotice to Department if ai any time Subrecipient learns tl�at the certifcatian was er3•oneous whan submitted or has hecorne erroncous hy reason of c[�anged circa�nstances. Subrecipient further ag�•ees by executing this Contract that it wil[ include the certification provision titled "Certification itegard'ang I]ebarraent, Suspension, 3neligibility and Voluntary Exclusive-Suhcont�•acts," as set out in Addendum D, without modification, and this language under this Section 28, in all its subcontt•acts. SECTIOiV 29. FA1TH 13AS�D AND S�C'CARIAN ACTIVI7'Y i'unds provided under this Contract may noi be uscd for sectarian or exp[icitly reli�ious activities such as worsl�ip, religious instruction ar pz•oselytizatian, and must be for iEse benafit of persons regardless of religio�s affiliatio��. 5uhrecipient shall coniply witE� the regulations promulgatcd by ti�e U. 5. Deparm�ent of F-Iea[th and Human Se��viccs ("HI�S") at 45 CFR Part 87.2. S�CTION 30. CQPYRIGH7' 5ubrecipief�t snay copyright materials developed in the performance of this Conh•act or witli func�s expended under this Co��fract. Beparhnent and HHS sha31 escli E3ave a royaEfy-free, no��exct€�sive, and ir:•evoclble righf to reproduce, publish, or otherwise use, ar,d co autE�oE�ize otE�ers to use, the copy3•ighted work far government purposes. SI;C'i'ION 31. ND WAFVER Any ��ight or remedy gir�en to Deparhnent by this Contract sha[1 not preclude the existence of any ofhea• z•ight or rer�aedy, nor sha11 any action taken in the exercise of any right or remedy ba deemed a waiver of any oiher right or 3•emady. The failurc of Department to exea•cisa any right or remedy on any accasion shall not constit�te a waiver of DepeE�tment's rigt�t to exercise tEtat or a��y other rigE�t ar remecly at a tate�• time, SFCTION 32. S�V�RABILI'I'Y If any secEion or provision of this Contract is held to he iE�valid or unenforceabte by a court or administrative h•ibunal of cors�peten# jurisdiction, the remainder shall remai�� valid and binding. Page 10 of 25 S�CTION 33. O�iAL AND WRITT�N AGRI+;1�aMENTS A. All oral and w�•itten agreetnents between the Par�ies relating to the subject matter of tl�is Cantract have been �•educed to writin� and are contained in tEais Gontract. B. The attachments enu�nerated and denom'snated below are a��art of this Cantract and canstitute promised performances under tE�is Co��iract; [. Addendum A- Certification Regarding Lnbbying fnr Contracts, C7rants, Loans, and Cooperative A,greements 2. Addendum B- Certification Itegarding Drug-Free Workplace Regui�•ements 3. Addendum C- Certification Regarding �nviraamental Tobacco 5moke �. Addendism D- Certification Regarding Debarment, Suspensiaii and Othe�• Responsibelity Matters 5. Addand€�En E- PRWORA F2equireme�ats 6. �xhibit A - Budget SECTION 34. �P�CIA.I, COIVDITIOIVS A. In ordcr to achieve coa�pliance with the LIHT�AP Act, Subrecipient n�ust coordinate with other enc3•gy related progra�ns. Specifica[ly, Subrecipienf mitst rnake doc��nented i�eferrals to thc lncal Weatherization Assistance Progra�n. B. Subrecipient shali accept appEications for CEtLP be�aefits at sites tliat are geographically accessibte to all Housel�olds in the Service Area. Si�brecipient shall pravide Elcterly Persons and ['ersons with I7isabilities who cauuot indeperadently t�'avel to thc application site the means to suE�mit applications for CEAI' benefts witE�oui leaving tl�eir residence or by securing t�•anspo�-tation for them to the sitas tk�at accept sucli applica#ions. S�CTION 3S. APP�ALS 1'ROC�SS In compliance with the LIHEAP Act, �ubc�ecipient must provide an opporh�nity for a faie� admin'sst€�ative hearing to ind'€viduals whose app9icatian for assistance 'ss deE3ied, te�minated oe not acted upon in a tin�ety manncr. S€�brecipient must establish a deniai of service cornplaint procedare in accord�nce with 14 TAC §6.8. SECTIOI� 36. CJSE OF ALCOHOLIC B�VERAG�S Funds provided u�der this Contract may not �e used for the payn�enc of salarics to any Subrecipient's emplayees who use alcoholic beverages while oci active duty, for te�avel expenses expanded for alcoholic beverages, or for the pua•chase of alcoholic heve�•ages. SECTIOIV 37. I'012C� MAJUI2E ifthe obliga#ions are delayed by the fo[lowing, an equitable adjus[mcnt will he made iar delay or failure to perform hereu��der: A. Any of the followi�ig events (i) catastrophic weati�er co�zditioas or other ext�•aordinary elcments af nature or acts of Gad; (ii} sets ot' war (declared or undec[ared), {iii) acts of terrorism, insurE�ecEion, z•iofs, civil diso3•ders, z•ebeliion oa• sa[�otage; and (iv) quaraniines, emhargoes and othe�� similar unusual actions of federa[, provincial, loc�l or foreign GoveE��3nental Authorities; a��d B. The non-performing party is without fau[[ in causing o�• failing to preveE�t the accu��;•ence of such event, and suct� occurrence could not have been circunrvented 6y eeasonable precautions and could not have heen prevented or ci�•cumvented tk�rough the use of commercialty reasonah[e alternative so€�ecas, workarouncE plans or otlier means. SEC'T'ION 38. ALT�RNATIVk,17XSPLITE RESOLUTION In accoedance with Section 23�6.Q82 af tha Texas Government Code, it is the �epartme€�i's policy to encourage tlie use of appropriaYe alte��native dispute resolution procedures {"A1�R") under the GoverF��nenta[ Dispute Resolution Act anci the I�egotiated Itulemaking Act (Chapters 2009 and 200b respectively, Texas Government Code), to assist in the fair and expeditious resolutio�i of i�3ternal and external disputes i�ivo[ving ihe Departcnent and the use of negotiated ru[emaki»g procedu�•es for the adoption of ]7epartment rutes. As descri6ed in Chapter 154, Civil Practices aad Remedies Code, ADR procedu��es include mediatian. Except as prohibited by T7eparhnent's ex parte cammunicatio€�s policy, Depa;tment encourages informal comm�inications behveen Department s#aff snd the Sub��ecipient, to exchange informa€ion and inforn�aliy E�esolve disputes. Departn�ent also has adminisirative appeals processes io fair[y and expeditiously resoive disputes. If at any time the Suhrecipient would li[ce to engage Deparhnent in an A17R procedu3•e, £he Subrecipient may send a p�•oposal to Department's T�ispute Resalutio�i Coordinator. Foc additional infor�naEion on Department's ADR policy, see Department's Alternativa Dispute Resolution and Nagotiated Rulemaking at 10 "E�AC § 1.17. Page 1 i of 25 S�CTIOIY 39. 'r�r�� s or Txr �ss�r�c� "T'ime is of the essence wi[h respcct co Subrecipient's complia�ce with al[ covenants, agreements, terms and conditions of this Contract. S�CTION 40. COCII�TERPARTS AIVIi FACSIMIL� SiG1VA�'OT2�S This Contract may be executed in one or more coi�ntergarts eactt of which sha[I be deen�ed an original but ai[ of which tagctE�er shall consiitutc oc�e and the sa3ne instrn�nent. Signed signature pages may he transiniifed by facsicnile oe• other electronic transmissio��, and any s�ich signature shal [ have the same lega[ effecE as an original. 5EC'TION 41. NCIMB�R, GENDER LTnless ihe cantext requires otherwise, tE�e words of #he inasculi«e gender sE�all inc[ude the fe��ini��e, and singula�� vords shall include Yhe plural. SECTIflN 42. NflTICE A. If a notice is provided concerning t1�is Co�iract, notice may be given at the fol[owing (hee-ein referred to as "Notice Address"): As to Depa��tment: TEXAS �EPAf2TMENT OF I-IQUSiNG AND COMIVI[JNITY AFFA[FZS P. O. Box 13941 Austin, Texas 787t [-3941 Aifention: Michael �e Young Telephone: (512)- 475-2125 Fax: (512) - 475-3935 micE�ae[.deyoung(r�tdhca. state.fx. us As to Suhrecipient: City af Fort Worth 200 Texas Street Annex, 3rd Floor Fort Warth, TX 7G1D2(>312 AtteE�tion: Fernando Costa, Assistant City Manage3• Telephane: (817) 392-6122 Fax: (81'7) 392-6134 Email; fernando.costa cr fortworthtexas.gov B. All notices or othe�� cammunications hereunde�• shall be dee�ned given when delivered, mai[ed by avernight seivice, or five days afier mailing by ceili�ed or registered inaif, postage prepaid, retu;�n receipt rec�uested, addressed to the appropriate Alatice Address as defined in the above Subsec€ion A of ihis Section �2. C. S�abrecipient shall provide eontaet information to the Depa�•tmen# in accordance with i0 TAC §6,b, SECTION 43. VENUE AND .NRISDICI'ION This Contract is delivered and intended to be performed in tiie Stafe of Texas. For purposes of [itigatioa pursuant to this Contract, venue sE�all [ie in iravis Caunty, Taxas. S�CZ701\T 44. LIMITA'TIOIV ON ASOR7'iON FLTNDING A. Pursuant ta Chapter 2272 of the 'I'exas Gove►•E�ment Coda, to the extent allowed by federal and sta#e law, the Department may not enter inta this Contract with 1n "abo�iion provide3•" ar an"affiliate" of an abortion provider, as said terins a�•e defined thereunde�•, if funds ��nder this Contract are approps•iated from state or local tax revenae. B. By execution of tk�is ConEracf, the Subreaipient hereby cec�tifies that, as a conc3ition of receipt of any funds under chis Cotttract from st�tc or [ocal tax revenua, it is eligible to receive said funds, and that it ��ill €�ot utilize said funds in 1ny way co��trary to this 5ection 44 during #he Gontract Term. Page 12 of25 1;XT;CLTTGD to be effective on ,Tanuary OI, 2020 SUBRCCIPI�iVT; City of Tn�•f Wai't!► a poiitics�l subdivision of the State oiTexas By: I'ernando Costa Title: Assistant City Manager Date: December 3U, 2019 4:36 pm D�PARTMENT: T�I�AS DEPAI2TM�NT OF T�OCJSING AND COMMUNI'1'Y A1+FAIRS, a�ubIic a��d official agency oftlte State ofTexAs By; Robert 1Villcinson "�'it[e: Its duly a�ctharired officer ar representative Date: 3anuna•y 6, 2�20 9:58 am Page 13 of 25 TEXAS D�PARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANC� PROGRAM (CEAP} CONTRACT NO. 58200003147 {CFDA # 93.568) APPR�VED AS TO F4RM AND LEGALITY: �.. �_ ��- Matt Mui�•ay Assistant Ciiy Attorney ATTEST: � �� r. :� � Ma�•y J. I�ays City Secretaiy M&C: 19-0343 Dated: December 3, 2�19 �4'�� t � � `� r' �� q ..�. � � ! .�� ' ��f �� , � �:- � � ��'�`4��"�� . '�i:�•- �,�-:.. CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) -�_ Title: Assistant City Manager Date: Dece�nber 30, 2019 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Sy: Robert Willcinson (signed elecironically-see attaclied contract) Title: Its duiy autl�orized officer or i•epresentative Date: Janua�•y 6, 2020 By signing below, I acicnowledge that I am the person responsible foj• the monitoi•ing and administratian of this contract, including ensuring all perfornr�anee and repot�ting �•equire�nents. '� � 1 r ' . � ,_.,� f L, f� , ,;_j��-� ^ �� Sonia Singleton, �s� istant Direc#or Neighborhood Ser�Gices T�RAS DEPARTMI�N`C OF IIOUSIIVG A1VD COMMiJ1VITY ATTAIR5 CON'I'RACT NUMF3ER 5820�D(}3147 FY 2020 COMP�EHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.%8) ADDENDUM A CERTIFiCATIOIY RE�AR13iNG LOBBYII�G FQR CO�'FRACTS, GRANTS, LOANS, AND COOI'�:XiA�`X'V� AGR��M�1V7'S 'Ehe undersig�ied ceitifies, to the best of its knowledge and belief, that: l. No Federal appropriated funds have been paid o3� wiEl be paid, by or on beha[f of tE�e undersigned, ta any pe��son for influencing or attempting to i��fluence an officer ar e�nplayee of a�� agency, a Me�nber of Congress, an officer or emgloyee of Congress, oc� an employee of a MembeE• of Congress in cannection with the awarding of any Federa[ contract, tlie ma[cing of a4�y Federal g�•ant, tE�c enaking of any Federa3 loan, the enterie�g into of any cooperative agreement, and €he extension, contiuuation, renewal, amendment or modificatian of any Fedaral contract, grant, loan, or cooper�five agE•ee«�ent. 2. If any funds other thaii �'ederal appropriated funds 1�ave been paid or wiil be paid to any person For in�laenci��g or atte�npting to influence an af£icer or employee of xny agency, a Member of Congress, a�� off'icer or empioyee of Co€sgress, or an en�ployee of a Niecnber of Congress in con��ection with this Federal contxact, gra��t, loa€�, or con�erative agreement, the ui�dea•signed sha13 complete ae�d s�b�nit standa�•d form -LLL, "Disclasure Form to Repoi�t Lobbying", in accorctance witE� its instruciions. 3. The undersigned sl�al[ 3•enuire that the [anguage of this certification be includcd in the award docaments for all sub-awards at all ticrs (inclading subcontracts, sub-grants, and contracts under grants, loans, and coopea�ative agreements) a��d tl�at all sub-recipiac�ts shall certify and disclose accordingly. This ceitification is material representation of fact on w4�icli re[iance was placcd whcn this h•ansaction was made or enYered into. Suhmission of this certification is a prerequisite for making or enfering into this transaction imposed by 5ection 1352, Tit[e 3t of thc U.S. Code. Any person who fails to �le the E•equired cerlification shall be subject to a civil penalty of not less than $10,000 a��d ��ot more than $100,000 for each sucla 1'aiiure. STA'1'�M�NT FOi2 LOAI� GUARANI'�'�'S A,IYD �,OA,N xNS(i12ANC1�, The undaG•signed states, to the best of its [cnow(edge anci belief, ihat: If any funds have been paid or will be paid to any person fo�• inflaencing or aifempting to infli�enca an o!'[icer or employee of any agency, a Men�ber of Congress, an oifcer pr employee of Con�ress, oe' an emp[oyee of a Iviember of Cpng�•ess in cannec€ion with tt�is commitment Providing for the United States to insnre or guarantee a loan, the undersigned sha[1 comp[etc and subn�it Stand�rd Farm-LLL, "I?isclosure Form to ReporE Labbying," in accordance witl� its ins#ructions. S€�bc�3issioa of this statement is a prerequisite for making or entering info this traasaction in�posed 6y Section 1352, "I'itle 3i, U.S. Code, Aay person who fails to fite the requi�•ed statement sha[I bc subjcct ta a civil penalty of noi less than $i0,000 and not more than $100,000 for each such failure. SUBR�CIPI�N'I': City of Fo��t Worth a poiitical s�ibdivision of the Stafc of'Cexas By; Fernandn Costa Tit1e: Assisfant City Manager Date: Decemuer 30, 2019 �4:36 pm � 1'age 1�4 of 25 TEXAS DEPARTNI�NT OI' I30USING A,NI3 COMM CJNI7"Y AFFATTiS CONTRACT NIJIviBEit 582000031q7 PY 2020 COMPREI-iENSIVE ENER�Y ASSISTAl�CE PROGRAM {CEAP) (CI'DA # 93.568) ADD�NDi3M B C�RTIFICATIQN 121�.GARDING DRUG-I'REE WORICPLACE IZ�QIJ[17,EMENTS Tlzis ceytifrcatro�i is reyxired Uy t{ze f�egtdations intplemenfing the Drug-Tree Workplace Act of 1988: 45 CI%R Pm�t 76, Subpa�•t, I'., Seclio�as 76.630(cJ cr1�d (d)(2) and 76.6�5 (a)(IJ and (b) p�•ovide i17a1 a Fec]ercrl age��c}� may desigt�ale a cerrb•al receipt poini for S7AT�-�Y1DE AND ST,�TE r1GENCY-WIDE cei•t fcations, and for• r�otifccrtran of crimifaaJ df•ug convictioias. Fn1� t17e Departn�er7f of Health and Hinnala Services, il�e cenil•a! point is: Divisior7 of Graials Mcrlaagemel�l and Oversight, Offce of iYlafzage�rrent und Acquisitio�a, Department of Health and Humm� Services, Rovrn 517-D, zD0 Indepe�adei7ce ,4ve�ttre, SW N�ashingtora, DC 20201. The w�dersi�ned certi �es tl�at it wil[ or will continue to provide a divg-free workplace by: (a) Publishis�g a statement «otifying employees that the ue�lawful n�anufaature, distribution, dispensing, possession, or use of a controlled suhstailce €s prohibited in the grantee's workplace and spacifying the actions that will be taken against emplayees fnr violation of such prohibitio��; (b) �stablishing an ongoing d��ug-free awareness program to inform employees about- (1) The dangers of drug abuse in tl�e workplaca; (2) Thc grantee's policy of maiataic�ing a drug-fi•ee warkplace; (3) Any availab(e drug counseliag, rehahi[itation, and a�nplayee assistance programs; and (4) The pena[ties that may be imposed upon emplayees for drug abuse violatians occurri��g in the workp[ace; (c) Making i# a requirement that each emp3oyee to be engaged in the performance af the grant be given a copy of the statame��t requi��ed by paragraph (a); (d) Notifyiitg the amployee in tE�e statemcnt �•equired by paragraph (a) tha€, as a conditian of e��ployme�it unde�• tlie grant, the employee wilt- (I) Abide by the tc��ms offhe statement; and (2} Notify the cmplayer in writing of his or her conviction far a violatio�i of a criminal drug statute occu�•;�ing in tfie workplace uo later tl�an five calendar days a[ier such conviction; (e) Notifyi��g the agency in wE'iting, within 10 cn[endar days after eeceiving ��otice unde�' garag�-aph (d)(2) #'rom an eraployee or othcrwise receiving ach�al notice of such canvict€on. Employers of convicted employees �nust provide nofsce, iE�cluding position title, to every grant officer or otl�er designee on whose grant activity the co��victed emplayee was worki��g, ualess the Federal agency has designated a central point for the receipt of such notices. Nofice shall include the icientification number(s) of each affected grant; (f} Talcing one ot' ihe following actions, within 30 calendar days of recei�ing notice under paragraph (d)(2), witl� respect to any eraPloyee who is so convicted- {1) Ta[cing appropriate persa€�nel action against such an employee, up ta and including terminaEion, consistent with the requiremenls of tha [tet�abilitation Act of 1973, as amendsd; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabililation p3ng��am app3�oved for such purposes by a Federal, State, or [ocal health, law enforcement, or other appropriate agency; {g) Makie3g a good faith efforE to cont9nue to tnaintain a drug-fi•ee workp[ace thrnugh imp[emeF3tation of pa�•agrapE�s (a), (b), (c), (d), (e} a��d (�. Place(s) of' Performa��ce [site(s) fo3• the perfo��mance of work do��e in connaction witk� the specific grant] (include street address, city, cous�ty, sfate, zip code); City of F'ort Worth 2�0 Texas Street Annex, 3rd Floor Fort Worth, TX 761026312 Page 1 S of 25 Wor[cplace identi�cations cnust incfude the achaal address of bu'sldings (or pa�•ts of bui[dings) oz• ather sites where work unde�• the g�•ant takes place. Categorica[ descri�tions rnay E�e used (e,g., all vehicles of a�nass t�-ansit autk�arity or State highway departmeni while in operatian, State entp€oyees in each local unerrEployment ofEice, performers i� conce�� lzal[s ar radia studios}. If Subracipie��t does f�ot i�le��tify the workplaccs at tha time of application, or upo�� awa��d, if there is no a��licatio�, tk�e Subrecipient must [ceep the identity of iE€e workplace(s} on fle in i#s office and €nake tlie info�•mation available for Federa] inspectiau. Faiture to identify all known workplaces constitutes a viotatioa of ihe S�brecipienYs drug-free wo�•kplace requi3•cments. This certifcation is a nlaterial repe•esentatinn of Fact upon wl�ich reliance is placed wheu the Dep�rtment awards tl�e graf�t. If it is later determined that Subrecipient knowingly rendeE�ed a false certi�cation, or otherwise violates the requirenients of the Drug-Free Work�lace Act, Bepa�#me��t, iE� addition to any othee• remedies available ta tE�e Fede��al Goveir�me�it, may iake action authoE�i•r.ed under tlie D��ug-Free Workp[ace Act. SUS�CiPI1+�NT: City af �ark Worth a political sul��iivision of the State of Texas By: Fe3'nando Costa Title: Assistant City Manager Date: Decem6c�• 30, 2�29 4:36 pm Page 16 oi25 TE7CAS D�PAI2TMEIVT OI' HOUSrNG AIVD CQMMUNITY AFFAIRS CONTRACT N€IMBER 5820fl0�3147 I^Y 2020 CQiviPREHENSIV� ENFRGY ASSISTANCE PROGiLAM (CEAP) (CFDA � 93.568} ADDENDUNI C: CERTIFiCA1'ION REGAR➢ING EIVVIROIVM�NTA� T0�3ACCfl SMOK� The undersigned certifies to the following: Public Law I03227, Part C Environmental `I'obacco S;noke, also known as the Pro Ct�ildren Act of t994, requi�•es t€�at smoking not be per�niited in atty pot�€ion of any indoor facility routinely owned or leased or eontracted for hy an entity and used routinely oe regulaz•ly for pravisio❑ of healtE�, d�y ca��e, education, or 1'sbrary services to children under ihe age of 18, if tE�e services are funded by Federal p�•ograms eithcr directly o�• th�-ough State oa� [ocal gavernments, by �'ederal grant, co��t��aet, loan, or loan gua;�antee. "fE�e law does not apply ta cl�ildren's services ��nvided in privafe resideaces, facilities i`unded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol t3�eatmce�t. �ailu��e to comp[y with the provisio:�s of [he law may resu[t in the imposition of a civil monetary penalty of up fo $1000 per day andlor tkte i�3�position of an ad3ninistrati�e coinpliance ordar on the responsihle entiry. By signing and submitting tliis Contract the 3ubrecipienE certifies that it will comply with the reqiEi�•ements oifhe Act. Tl�e applicant/grantee further ag=�ees that it will require the language of this certi�cafio�� be i�acluded i�l any subawarcis which contain p�•ovisio��s £or the children`s services a��cf that alf subgra3atees'shall certify accordingly. S[1BRECIPI�NT: City of Tort Wartl� a political subdivision of the Stafe nf Texxs By: Fcrnandn Costa Tlt3e; Assistant Cify Manager Date: Decembcr 3p, 2019 a:36 pm Page 17 of 25 1'�7�AS D�PARTMENT OI' I30[JSING AIVI? COMIVIUNITY AFFAIi2S CONTRACT NUMB�R 582000D3147 PY 2D20 COMPREHENST'VE EI�RCY ASSiSTANCE PRC3GRAM (CEAP) (CFDA # 93.568) ADD�IYDUVI ➢ CEI2TITICA'FIO1V �E,GARDI�TG DEBARMENT, SUSPENSION AIVD OTHER Ii�SPONSIBILITY MATT�RS The undersigned certifies, to the best of its knowledge and belief, tl�at it and its principals: (a) Are not presently debarred, susPended, prognsed for debaiment, declared ineligible, or voluntarily excludecl by any Fedcral departme��t or agency; (b} Have not within a three-yea3• pariod preceding tk�is proposal been convicted of ar had a eivi] judgment rendered against the;n for co�ninission nf fraud or a ce•iminal offense in cone�ectioe� witt� obtaining, attemp#ing to obtain, or pe�•forn�ing a public (Fede��al, Sta[e or iocat) transaction or conh•act under a pub[ic t�•ansaction; violatioe� of �edeE•al or State antitrust statutes or commission af em�ezzlement, fheft, forgery, bribe�y, falsification or desh•uction of recards, n�aking false s#afements, or receiving s#olen �roperEy; (c) Are not p='esent[y indicted for or oihet'�vise criminally or ci�illy charged by a governmental eatity (Federal, Statc or loca[) with con�mission of any of tt�e offenses enu�nec�a#ed 'sn section (b} af this certification; (d) Have not wi#hin a three-year pesiod preccding this application/propasal had one or �nore public transactions (Fede�•al, State or local) terminaied for cause ar defauit. (c) Will sub�nit to the Department information abaut cach proceeding that occurs duriag this Contrac# Tarm oa• duri��g the recardkee�ing period that: Is in connection with this award; 2. Reached its final dispasition dua•ing the n�ost resent five yea�• pea•iod; and 3. Is ane afthe following: i, A criininal proceeding that resulted in a convicliox€, as defined balow; ii. A civi[ proceeding that resulted in a�nding af fault �nd liabiiity and paymef�€ of a monefary iine, penairy, reimbursement, �•estitution, or damages of $S,OOQ or more; 1ii. An admie�istrative proceeding, as de�ned below, that resulted in a finding of fau[t and liability and your gayment of either a moc�etary fne or penalty of $S,fl00 or more or reimb�rsement, restifution, oe damage in excess of $100,000; or iv. Any otlier criminal, civil, or adcninistrative proceeding if: 1. It could have led to an otttcoma dasc�•ihed in this secfian (e) pa�•agraph (3) items (i} -(iii) of this awarci term and condit€on; 2. It E�1d a different disposition arrived at by consent ar compromise witl� an acknowledgment af fault on your part; and 3. TE�e requirenaent in this awarct term a��c� condition to disclose iuformation about the proceeding does not conflict with applicable laws and rege�lations 4. For �uE�poses of secfion (e) of tF�is certification ttte follnwing definitio��s a��ly: An "administrative pa•oceading" ineans a e�on-j�dicial process that is adjudicatoiy a� aature in orde�• to mafce a determination of fanit or [iahi[ity (e.g., Securities and Excl�ange Commission Adeninistrative procaedir�gs, Civilian Board of Contract Appca[s praceadings, aad Armed Services Boa:�d of Conh•act Appeals p�•oceedings). Tl�is inciudes proceedings at the Federal and State leve[ Uut auly in connection with perfarmance of a Federal contract o�• graat. It does not inc[ude audits, site visits, corrective plans, or inspection of deliverabies. ii. A"co«viction", For purpases of this awa;•cE terrr► and condiEion, means a judgment or conviction of a eri�ninal offense by any caurt of competent jurisd�ct�o�, whether e�tered ugon a vcrdict or a plea, and includes a con�iction entei•ed upon 3 p[ea of nolo contendere. Page 1$ of 25 Where the undersigned Subrecipienc is unable to ce�-tify fo any of fl�e staten�ents i�� this certiiication, such Subrecipient slia[1 attach an eapla��ation of why it caruiot pro�icte said cerli�cation to ihts Con#rac#. TE�e undersigned SubrecipieE3t ficrther ags�ees and carti�es that it will iaclude the balow clause titled "Certi�catio�� itega�•ding Debamient, Suspensioc�, Ineligibility and Vo€ant�ry Exclusio��-SuE�contrac#s/Lower Tier Covec•ed "�'ransaction," witE�out ��odification, in all subcontracts and '€3� all solic�Eations foe• subco«tracts: "C�R'�'I�'ZCATIQIV R�GARDiNG DEBARNiEN'i', SUSP�NSION, IN�LIGIBILITY ANU VOLi1N1'ARY �XCLUSION - SUBCONI'iiAC"�'SI T,OW�R TF�R COV�R�D TRAIYSACTTONS (1) The prospective lower tie3• participant/subcontractor certifes, by submissioe� of tf�is proposal, tE�at neitf�er it nor its principals is presently debarred, si�spended, propased far debarment, declared ineligible, ar vofuntarily excluded froni participation in fhis transactian by any Federal deparhne3rt ar agency, (2) Whec•e tl�e p�•ospective 3ower tier participant/subco��tractor is unahle to ce�rtify to any of the statements in ti�is cei�tifica#�o�, suah prospeciive pa3�ticipant sha[1 aitach an explanaEion to tE�is proposal. LOW�R T1�R PAi2TICiPANTISUBCONTRACFOR: (Sigtaattu•e] P�vnted Name: Title: DC1iC: m This certification is a matez•ial representation of fact upon which reiiance is placed when the De��arime3�t awards the grant. If it is later determined that Subrecipient k��owingly rendercd an er��oneous cartification, in addition to any other E�emedies avaitable to the Fecieral Government, the DepartmeE�t rr�ay terminate this Contract for cause or default. 5T3BRECIPI�iVT: City of Tort Worfl� x politicul sub�iivis'ron of the State �f 7'exas By: Ternan�io Cosfa Title: Assistant City Managee• Date: Decew6er 30, 2DI9 4:3G �m Page 19 of 25 TEXAS DFPAI2TM�NT OP' I3E3USING AND COMMUNITY AFFAIRS COIVTRACT 1VUMl3�;I2 582U0003147 i'Y 2D20 COMi'TtF,HENSIV� ENERGY AS5ISTANCE PROGI2AM (CEAF) (CFllA # 93.568) ADD�NDUM E �'I2WORA R�QUIREM�NTS Ci�y of Fort Woi•th a poiitical subdivision of the State of Texas If an individual is applyi�g for LIHEAP funds, a Subrecipie��t n�ust verify that the individual npplying for LIHEAP funds is a qualified recipient for fiaa�di�ig u�xter flae Persona[ Respoi�sibility a��d Work Opportunity Act of 199G, ("PRWORA") or ("Act"), Pub. L, I04-193, I IO Siat. 2I05, codified at 8 U.S.C. §1601 ei. seq., as amended by tl�e O�nnibus Appropriations Act, 1997,1'ub. L. 104-2D$, There are certain types of assista3�ce that are not subject to fhe Act's rest3•iction on access to public benefits based on i[nntigra#ion status. This ittcludes activities that: (1} de[iver in-kind se�vices at the community levet, (2) are necessary foa• tl�e p3rotection of lifc or safety, and {3} da not condition the provisio:� of assistance on the applicanYs income or resources. 'I'o ensure tha# a non-quaEified app[icant daes nat receive "federal public bencfits," a unit of genei•al purpase governmenl tl�at ac€ministe3•s "federal public E�e�iefit programs" is rec�uiE•ed to dete�•mi�e, and to verify, the individua]'s alienage status befoee gra��ting eligil�ili[y (8 U.S.C. §t642 (a} and (b}). Sub3�ecipient musi use #he SAVE ver€fication system to verify and cioeument c�ualified alie�i eligibi[ity, CE12'1'XFrCATION REGARDIiVG U5E OF TH� SYST�MATIC ALIEN VERiTiCATION T012 �NTITL�M�N'I'S (SA'V�) S'YST�M Subreci�ienY sla�ll: (1) Svsten� Use. (a) �stablisl� ihe ideatity of the app[icants and reGuire each applicant to preseni the applicani's immigration oc• t�aturalizaiion documenia[ian that cot�tains the informatian (e,g„ slien registration numbee') reqaired by the SAV� Prpgrarn; (i�) Physically examine the documentafion presented by the app(icant and defermine whethe�• the documeni(s) reasonably appear(s) to be genuine and to relate to the individual; (c) Provide to the SAVE Pro��-am the information che SAVE 1'rogram requires fo respond to Subrecipient requests far verification of immigration ar naturaEized oe derived cit'szensi�ip status inforrr�ation, including (1) infoz•mation from the applicant's immig=�ation or naturalization docu�nentatio�� far initia[ automated verification, (2) additional information obtaiE�ed fi�on� thc alien's in��aigratian or naturalization documentation for attton�ated additional veri�cation, anct (3) camp[eted Forms G-&45 and other documents and infarmation eequired fo►� manua[ additiona[ veriiication. �ar manual only �crification, ensure that Forins G-845 and other documents xnct i3�fo��;natio�� required for manual verification are provided; (d) Ens��e t(iet, prior to using ihe Ve�•ificatian I€�forc��ation System, alt employees designated by Si�bE�eci�ient to use SAVE on behalf of the SubF•ecipient ("Users") performing verification procedures complete SAVE requie•ed t�•aining including: reading the SAVE P�•ogram Guide, taking tlie latest versio�3 of Web tutorial(s), l�ttp:/lwww.uscis.�nvlsave/what-save/save-webina�•s, �nd raaintaini«g a working knowledge of require�nents contaised thea•ein a€�d in Yhis Conh�act as updated. DocuFnentation of t3�aining must be maintained by the SuUrecipie��t for monitoring review; (e) Ensure that Use;•s are p�•ov€ded with and maintain User lds only while they have a nead to perFarm verifcation proceciures; (€} Ensure all Users performing verification procedures comply with al[ requirements coiitained i�i the SA'V� P��ogram Guide, web-based tutoriat, ihis Contract, and updates ta these requirerr�ents; (g} Ensure that a]l iJsers pea•forming verifcation procedures have contact i��formation for tha SAVE Program and SAVE Monitoring a��d Comptiance. Contacf informatioa can be fo€�nd at httns://www.uscis.�ov/e-�erify/emnioverslmonitorine-and-con�pliance oz•202-443-p104 Page 20 of 25 (h) Ensure alE iJsers parform any additional verification procedures the SAVE Program requires and/or the apglicant requests after the Subrecipient i��iYiatas a req��est for verification; (i} Use nny informatian provided by DI3S-USCIS u��der tl�is Contract solely fo3• the piErpose of determi��ing ti�e eligibility of persons ap��lying fo�• the heneft issued by the Subrecipient a��d limit use of such information i�i accordance with this a��d aIl other provisians of this Conh•act; (j) Coinply with the requiremei�ts of the Federal infarmation Secu�•ity Manageinent Act {F15MA (PL-107-347), Title III, Seciio�a 301) and OMi3 guidance as applicable to electronic starage, traiisport of recards between agencies, and the internal proeessing of recocds received by eitlie�• agency under the terins of this Cont�•act; {k} Safegua�-d sucli info3matian and access �netl�ods to ensure that it is not uscd for any othcr pu��pose than desc�•ibed in tE�is Cantract and protect its confidentia€ity; including ensuring that it is not disclased to a��y uc�authorized person(s) without the grior w�•itten cottsent of DHS-YJSCIS. T�ach a[�plicant seeit�g access to infoe•mation regarding hi�n/tser may do so by submiiting a writte�� signed request to DH3-iTSCIS. Instruct€o3�s for su�mitting request n�ay be fou«d at http:/Iwww.uscis.�ov/USCISIVerifieacionlSAVC/SAVE 1Vative DocumentslFact Sheet HowToCorrectYaurRecorciswith LiSCIS.ndf (subject ta revision and reposting on the SAVE Website and O��line 12esou��ces); {1) Comply with thc Privacy Act, 5 U.S.C. §552a, the Texas Public Inforinat[o�� Act and otEte�• applicable (aws, regulations, and policies, including bu# not limited to all OIv[B and DIIS privacy guidanca, in conducting verification procedures pursuant to tEais Contract, ac�d in safeguarding, �naintaining, aud ct€sclasing any data pE•o�ided or ��eceived pu�•suant to the Contract; (m) Comply with federa[ la�vs proltib[ting discrim€natEp€� agaiast spplicants and discriminatoey use of thc SAVE Program Uased upan the national origin, coiar, race, gender, religio��, or disability of the ap�licant; (n} Provide all baneiit-applicants who a�•c deaied henefits based solely or in part an the SAVE response witE� adequate writfen notice of tk�e denial and the infarmatin�i necessary to contact DHS-USCIS so that such indir�idual may cor�•ec€ thcii• records in a timely man�er, if necessary. A Fact Sheet that includes tl�e pE�ocess by which applicants may contact I� H S - U S C I S i s p o s t e d a t http:llwww. i�scis. �ov/i1SCIS/Veri fication/SA VEISAVE_Native_Do cumentslFact_Sheet_HowToCorrectYourRecardswith, USCIS.pdf, (subject fo revision and reposting on the SAV� Website and Online Resources); (o) Provide a[I benefit-app[icants who are cienied t�anefits t�ased solely or in part on the SAV�: response with tl�e opportuaity Ya use the Subrecipient's existing process to appea[ the denial an�3 tn contact DHS-USCIS to correct their recards prioc� ta a fina[ clecision, if accessary; and (p) itefrain fi•o�n using SAVE, or ass€sting ae�y person or entity, to comply with the employn�ent eligibility verification requiretnents of Section 274A ofthe Tmmigration and Nationality Act, 8 U.S.C. §i324a. (2) MonitoE•in� and Compliance. (a) Allow Depac•tment anct SAVE Monitoring and Complia��ce to Enonitor and review all ��ecords and documents related to tl�e use, abuse, misuse, fraudu[ent usc or imprope�• use of SAVF by tl�e Subrecipient, includi3�g, but not liEnited co original a{�plicant consenY documents required by the Privacy Act, S U.S,C, §552a or otk�er applicab[e autk�ority; (b) Notify ihe Deparhnent's Compliance Division immediate€y whenever there is reason to believe a violatio� of this agreement has occurred; (c) Notify the Deparhnent's Comp[iance Division im�nediately whenever there is reason to believe an infonnafion breach t�as occurred as a resu[t af Use�• o�• Subrecipient actioE� 03� inaccion pursuant to Office of Management and Badget (OMB) NIe��o��andum M-07-t6, "Safeguarding Against and Itasponding to the Breach af Personal[y Ideniifiable ]nfoc��ation;" (d) Allow Department and SAV� Monitoring and Corr�plia�ice fo mon[tor uid e-eview all records a�ad documents relafed to t1�c use, a�use, n�isuse, fi•audalent use or improper use of SAV� E�y any Use�•, including, but not [imited to o3•igina] applicant coc�sent documents required hy tl�e PE•ivacy Act, S U.S.C. §552a ar othar applicabla authari#y; (e) Al[ow Department and SAVE Mani€oring and Compliance to conduct desk audits and/or site visiis ta review Subrecipient's compliance with this Exhibit B and all other SA'VE-related policy, procedures, guidance and law app[icable fo canducting verif'scatian and safeguarding, maintaining, and disc[osi��g any da#a grovided or received pursuant to fhis Co3�fracf; (� Allow De�artment a��d SAVE Monitoring aztd Compliance fo perform audi#s of SuE�recipient's UseE� Ids use and access, SA'VE Training Records, SAVE financia] �-ecords, SAV� hiographica[ information, systen� pro�les and usage pa€terns and other relevanf data; Page 21 of 25 (g) Allow Departinent and SAVr Monitaring and Co�npliance to interview any and all Use�•s and any a��d all coatact perso��s or other persannel within the Subrecipient's organization or relevant coniractors regarding any and all quest€ons oe• problems which may arise in conneclion with the 5ubrecipienYs pai�ticipation in SAVE; {h} Allow Depar�ment and SAVE Monitoring and Compliance to a�onitor system access and usage and to assist SAV� users as necessa:•y to ee3sure co3npliance with tha terms of this Exhibit B and tE�e SAVE Program reAairements by iis authorized agents or designees; and (i) Take corrective measu�•es in a timely manner to address all lawful ��equire�nents and recommendations on eve��y written finding including but E�ot limited to those of the Departa�ent or SAVE Monitoring and Coanpliance regarding waste, fraud, a��d �buse, a�sd discrimination or aity mis�3se of the system, non-compliance wa#h the tcrms, conditine�s and safeg�ards of this Exhibit �3, SAVE Pragrain procedu�•es or other applicab[e law, regulation or policy, (j) Provide Dapai�tinent and SAVE Monitoring and Con�pliance with tl�e current e-mai4, U.S, posta[ service address, �,hysical addE•ess, name and telephoi�e number Users autl�o�•ized representativa for any notifica€ions, quest€ons or pE•oblems that �nay aa•ise in connection witl� i3sers participatio�� in SAVE and with notification of chaages in thc benefit offered 6y the User. (3) Ca•iminal Penalties. (a} DHS-USCIS rese�ves the ��igl�t to use information from TDHCA or 5ubrecipient for any purpose permii#ed hy [aw, including, but noE limated to, ihe prosecutian of vialations of Fede�•al adn�inish•ative or criminal law. (h) The Subrecipient ac[cnowledges tE�at the information it receives from DIiS-USCIS is gova�•ned by the Privacy Act, 5 U.S.C. §552a(i)(1}, and that any person wha obtains tt�is information under false preteE�ses oE• uses it foz• any purpose otl�er than as provided for in tl�is Conh•act cnay be subject to crifninal penalties, (4} Tk�ird Partv L'€abilitv. (a) Each party to this ConEract shall be solely i•esponsible for its own defense agaic�st aa�y claim or action by third pnrties a��ising out of' os• relatecf €o the execution and/or geeformance o£ this Contract, wkiether civi[ or criminal, and retain responsibility for tk�e paytnent of any corresponding liabi[ity. (b) Nott�ing in ihis Conte•act is intended, or shoi�ld be co��sh•ued, to create any right o�• benefit, substa:�tir�e or procedue•al, enforceable at law by any thi�•d pariy against the United Stt�tes, its agca�cies, afficers, or employees, tl�e State of T'exas, its agencies, office�•s, or employees, or the Subrecipient. (5) Pai�ts of Contact Michael De Ynung 17irector of Cosnmunity Affairs Division "1'exas Department of Housing and Community Affairs Community Affairs Divisian P.O.F3ox 1394i Austin,TX 787i1-3941 Phone: (512) 475-2125 En�ail: inichael,de r}_aun��tdhca.state.tx_.us USCIS SAVE Progratn IVIS 2620 U.S. Citizensl�ip a«d im�nigration Services ➢epartme3�t of Homela��d 5ecu��iry Washington, DC 20529-2620 AT�N: SAVE Operations Yhone: ($88) 4G4-4218 Email: savere�isiraEion r d�� i15CIS SAVE Monitoring a«d Campliance ivfS 2640 tJ,S. Citixenship and Immigra#ion Services Beparttnent of tlomeland Sccurity Washington, DC 2�529-2640 Phone; {888)464-4218 Email: save.monitarin� rr,dhs.goy Paga 22 of2S (6) Ce�fi�catian, The undersigned here6y certifies to €l�e Department tliat ail infoE•n�ation he�•ein is true a��d correct ta tlie bast of tE�eir knowledge and belief. Tl�e purposc of this sfateme��t is to certify fhat Cily of T+o��t Wo�•tla (SubE•ecipient): � is �O'1' a private nonprofit charitab[e organization and is an entity created by Sta#e Stafute and af'filiated witEa a state or gove�'nmcnfal entity (such as a housing finance agency, public housing authority, unit of local goveriunent, council of governmenfs, county, etc.) Cet�tification must have tl�e si�;nature fl•oro a repe�esenfative wi#h authority to esecute doeunten#s on the Subrecipient's behalf. � certify that 1 understaE3d tE�at fines and imprisanment up to �ve years are pe��a[ties for knowing[y and wi[lingly n�aking a materially false, fictitio�as, or fraudule�it sfatemerat or entry i« any m�fter under the jurisd'€cfson of the federal gove��ncnent {IS U.S.C. Sea I001). SUBRECIPIEI�'i: Clfj` Of �Oi'f �Ui'iil a political subdivRsion of the Stafe of Texas By: Fern:�ndo Costa 'I'itle: Assistant City Manager Date: DecemUer 3�, 2Di9 4:36 pm Page 23 af 25 '1'�7�CAS DEPARTMEIVT OP' �IOUSING AI�ID COMMUNITY ATI'AIRS CdNTRACTNUMBER 582�OOD3147 FY 2020 COMPit�,HENSIV� EN�ItGY ASSISTANCI� PROGRAM (CEAP) (CFDA dE 93.568) EXHIBIT A BUDG�T Clty af �oz•t Wa��fia a�folitical subdivisinn of the State of Tesas DEPARTiV11�,NT FTNAIVCIAL OSLIGATiONS � 5�638,953.(l� CEAP PUN�S CUItItEIQTLY AVAILASLE $ 1�200.�0 TRA[iV[NG TRAVEL ALLOWANCE F€JNDS CURR�3�TLY AVAILAF3LE 13UDG�T I'OR AVAILABLE ALLOCA"I'1QNS IiL7DGET CATEG�RY I FUNDS � % Admi€�isiration T)irect Services TOTAI_, CEAP BUDGiT � 407, i 32.00 $ 5,230,b2i.00 $ 5,b37,753.00 BUDGET CAT'EGDI2Y TUIVDS % Household Cr€sis $ 2,267,735,00 43.35 Utility Assistance $ 2,2G7,73(A� 43.36 Pt•ogram Services $ 695,f50.00 13.29 TOTAIa lliR�CT S�RVIC�S $ 5,230,62I.00 100.D0 SuUrecipient's se�vice area consists ofthe fol[owing Texas counties: '1'ARRANT Gene:•al Ada�inistrative and coordination of CEAP, including costs and all indirecf (or overhead) cost, examples include salaries, friuge benefits, c�on-training travel, equipment, supp[ies, a€idit and office space a€•a limited to 7.22% of the Co��tract expenditures. Al[ athcr adininistrati�e costs, exclusive of costs for proge•am services, m�st be paid with nonfedcral funds. Program services costs shatl not exceed tlie maximum t3.29%. Pragram services cost incEudes direce administ�•ative cost associated with praviding ihe clieni direct service salaries and benefits cost far staf�' p�nviding prog�•am scrvices, cost for supplies, equipEnent, travel, postage, utilities, rental of of�ce space. Al[ items listed above are allowab[e program services cost wE}en associated with providing client direct services. Otf3er program services costs may include ouh•each activities and expenditures on the information tecE�nology and co3nguterizatiof� needed for tracki�3g or monitori��g required by C�,AP. Page 24 of 25 Deparhnent's prior w3•itten approva[ for �[archase or leasa of equipment witii an acquisifion cost of $5,000 and over is rec�uic•ed. App�•oval of th'ss budget does not co��stitute prior appc•oval for such purchases. Subrecipient is limited to on[y one budget �-evision request dua•ing the fcs•st 6 months of the Conh•act Tea•n�. A second and fie�al b�dget revisian �nust be received by thc Department na later than 45 calendar days prior to the ecad of tt�e Contract Te��ni. 5ubrecipieat shall provide outreach se�vices under all companents in this categoey. Fai[u�•e to do so n�ay �•es�lt in Coniract termination. 5ubrecipient must dooun�ent out�•cach, whether the nuh•each is conducted with CI'AP funds or other funds. Vendor Refunds 5ubrecipient must determine whicli TDHCA co��tE•act the payn�ent(s) were charged to, tE�e clients(s) associa#ed to the payment(s}, a�3d if ihe Contract Term (�as expired. If ihe Co��trac# Term has not expired, 5ubrecipient fnust enter the amaunt inio the Contract System in the appropriate 6ttdget 3ine item info the Adjusttnet�F colutnn irt the moathly repart and inake an appropriate note in the system. This will credit back the vendor refuud(s) for the Subrecigient to expend on e[igib[e expenses d�3��ing the Contract Tcrm, Tf the Co��tracl Terrn lias expired, Suhrecipie��t must return fhe vendo�• refund(s) to €he Depariment. This refu��d must contai�� the contract number, and appropriate budget line item associated to tl�c refund(s). Page 25 of 25 KEC�"�� '� '` �� ppR — � 2�?� c�rr�-<,, C�'� canr s�eR�rA�� cor��acT rao. 534 35 -p� � T�XAS D�PARTM�NT OF HOUSING AND COMMUNITX AFrAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) This Amendment No. 1 to Comprehensive Energy Assistance Program Contr�act Number. 58200003147 by and between the Texas Deparhnent 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"), hereina8er collectively refen•ed to as "Parties", RECITALS WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number 58200003147 (°Contract") on January 01, 2020 and WI�REAS, the Parties desire to amend the Conh�act in the manner provided herein below. AGR��MENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. The following Contract section is hereby amended as follows: 1. Section 4. F. Department Obli�ations, of this Contract is hereby amended to read as follows: "Section 4. F. Deparlment Obli�ations. Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the sum of $6,633,427.00." 2. Exhibit A. Bud�et And Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. SECTION 2. 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 Conh•act are in conflict, this Amendment shall govern, unless it would make the Contract void by law. SECTION 3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. S�CTION 4. 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. SECTION 5. If any of the Parties returns a copy by facsimile machine or elech•onic h•ansmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. Page 1 of 4 S�CTION 6. 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. S�CTION 7. This Amendment shall be binding upon the Parties hereto and theu• respective successors and assigns. S�CTION 8. This Amendment shall be effective and memorializes an effective date of Febi•uaiy 27, 2020. WI'INESS OUR HAND EFFECTIVE: February 27, 2020 SUBRECIPIENT: City of I+ort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: March 26, 2020 7:36 am DEPARTMENT: TEXAS DEPARTMENT OF HOUSING A.ND COMMIINITY AFFAIRS, a public and offcial agency of the State of Texas By: Robert Willcinson Title: Its duly authorized officer or representative Date: March 26, 2020 3:57 pm Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT NO. 58200003147; AMENDMENT NO. 1 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: ' %�Assistant City % ATTEST: Mary J. Kayse City Secretary !}r� (��-�-�- M&C: 19-0343 Dated: December 3, 2019 CITY OF FORT WORTH y=: k �, � ' ., �ar �.�yl�� j �� C�r� `� �? ��6 �a�. �,`� \',``r 4. t` ' �.xc.� �. f��=. �' r •�� r�y f�r �h.. �� x� � -- �� : � _�. �� \1. � , • /�f . � ��:,`;� ��:� ... _ By: Fernando Costa (signed electronically-see attached contract) � Title: Assistant City Manager Date: March 26, 2020 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed elech•onically-see attached contract) Title: Its duly authorized officer or representative Date: March 26, 2020 By signing below, I acknowledge that I am the peison responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. t Sonia Singleton, Neighborhood S Director T�XAS DEPARTM�NT OT HOUSING AND COMMUNITY AFTAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) EXHIBIT A BUDGET City of Fort Worth, a political subdivision of the State of Texas D�PARTMENT FINANCIAL OBLIGATIONS $ fi,633,427.00 CEAP FUNDS CURRENTLY AVAILABLE $ 2�500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDG�T TOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $ 478,933.00 - Direct Services $ 6,151,994.00 - TOTAL C�AP BUDGET $ 6,630,927.00 - BUDGET CATEGORY FUNDS % Household Crisis $ 2,667,19'7.00 43.36 Utility Assistance $ 2,667,197.00 4336 Program Services $ 817,600.00 13.29 TOTAL DIRECT SERVIC�S $ 6,151,994.00 100.00 Subrecipient's service area consists of the following Texas counties: ��t7,7h`(li General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program services, must be paid with nonfederai funds. Page 3 of 4 Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative cost associated with providing the client direct service salaries and benefits cost for staff providing program seivices, cost for suppiies, equipment, h•avel, postage, utilities, rental of offce space. All items listed above are allowable program services cost when associated with providing client direct services. Other program seivices costs may include outreach activities and expenditures on the information technology and computerization needed for tracking or monitoring required by CEAP. Deparhnent's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility. Subrecipient is limited to only one budget revision request during the first 6 months of the Conh•act Term. A second and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract Term. Subrecipient shall provide ouheach services under all components in this category. Failure to do so may result in Contract termination. Subrecipient must document outreach, whether the outreach is conducted with CEAP £unds or other funds. Vendor Refunds Subrecipient rnust determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the payment(s) and if the contract remains open. If the contract remains open, Subrecipient must enter the amount into the Contract System in the appropriate budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This will credit back the vendor refund(s) for the Subrecipient to expend on eligible expenses. If the contract is closed, Subrecipient must return the vendor refund(s) to the Department containing the contract number and appropriate budget line item associated to the refund(s). Page 4 of 4 CSC No. 53435-A2 T�XAS D�PARTMENT OT HOUSING AND COMMUIVITY ATTAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) This Amendment No. 2 to Comprehensive Energy Assistance Program Contract Number. 58200003147 by and beriveen the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas ("Deparhnent"), and City of Tort Worth, a political subdivision of the State of Texas ("Subrecipient"), hereinafter collectively referred to as "Parties", RECITALS WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number 58200003147 ("Contract") on Janua�y Ol, 2020 and WHEREAS, the Parties desire to amend the Contract in the manner provided herein below. AGREEMENTS NO W TI�REFORE, for valuable consideration, the receipt and suf�iciency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. The following Contract section is hereby amended as follows: 1. Section 4. F. Department Obligations, of this Contract is hereby amended to read as follows: "Section 4. F. Department Oblieations. Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by Deparlment under this Contract shall not exceed the sum of $6,747,841.00." 2. Exhibit A. Budget And Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. SECTION 2. 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. SECTION 3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 4. 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. SECTION 5. " If any of the Parties retums 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. Page 1 of 4 S�CTION 6. 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. SECTION 7. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTION 8. This Amendment shall be effective and memorializes an effective date of Apri103, 2020. WITNESS OUR HAND EFFECTIVE: Apri103, 2020 SUBRECIPIENT: City of Fort Wm•th a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: April 30, 2020 12:06 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: May 5, 2020 825 am Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT NO. 58200003147; AMENDMENT NO. 2 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: MAft� Murrav Matt Murray (Sep 2, 2020 P:55 CDT) Matt Murray Assistant City Attorney ATTEST: �� Mary J. Kayser City Secretary M&C: 19-0343 Dated: December 3, 2019 CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) Title: Assistant City Manager Date: Apri130, 2020 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: May 5, 2020 By signing below, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. s� s' Ce�� Sonia Singleton � ep Z, 202016:03 CDT) Sonia Singleton, Assistant Director Neighborhood Services T�XAS DEPARTM�NT OF HOUSING AND COMMUNITY AFFAIRS AMENDMENT NO. 2 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) EXHIBIT A BUDGET City of Fort Worth, a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 6�747�S41.00 CEAP FUNDS CURRENTLY AVAILABLE $ 2�SOO.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDGET FOR AVAiLABY,E ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $ 487,194.00 - Direct Services $ 6,258,147.00 - TOTAL CEAP BUDGET $ 6,745,341.00 - BUDGET CAT�GORY FUNDS % Household Crisis $ 2,713,219.00 4335 Utility Assistance $ 2,713,220.00 43.36 Program Services $ 831,708.00 13.29 TOTAL DIRECT SERVICES $ 6,258,147.00 100.00 Subrecipient's service area consists of the following Texas counties: TARRANT General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space aze limited to 7.22% of the Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program services, must be paid with nonfederal funds. Page 3 of 4 Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative cost associated with providing the client direct service salaries and benefits cost for staff providing program services, cost for supplies, equipment, travel, postage, utilities, rental of office space. All items listed above are allowable program services cost when associated with providing client direct services. Other program seivices costs may include outreach activities and expenditures on the information technology and computerization needed for tracking or monitoring required by CEAP. Department's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or petmanent improvement of any building or facility. Subrecipient is limited to only one budget revision request during the first 6 months of the Contract Term. A second and final budget revision must be received by the Department no later than 45 days prior to the end of the Conh•act Term. Subrecipient shall provide outreach services under all components in this category. Failure to do so may result in Contract termination. Subrecipient must document outreach, whether the outreach is conducted with CEAP funds or other funds. Vendor Refunds Subrecipient must determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the payment(s) and if the contract remains open. If the contract remains open, Subrecipie�t must enter the amount into the Contract System in the appropriate budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This will credit back the vendor refund(s) for the Subrecipient to expend on eligible expenses. If the contract is closed, Subrecipient must retum the vendor refund(s) to the Deparhnent containing the contract number and appropriate budget line item associated to the refund(s). Page 4 of 4 City Council Agenda DATE: 12/3/2019 REFERENCE NO.: **M&C 19-0343 LOG NAME: 19NSCEAP2020 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs in an Amount Up to $7,000,000.00 for the 2020 Comprehensive Energy Assistance Program, a Federally Funded Program Sponsored by the U.S. Department of Health and Human Services Designed to Provide Utility Payment Assistance and Energy Conservation Education for Low to Moderate Income Residents, Authorize Related Contracts, Adopt Appropriation Ordinance, and Waive Indirect Costs (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount up to $7,000,000.00 from the Texas Department of Housing and Community Affairs; 2. Authorize the execution of related contracts, including any amendments, renewals and extensions in accordance with City policies and regulations with the Texas Department of Housing and Community Affairs for the grant funds for the program year beginning on January 1, 2020 and ending on December 31, 2020; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an amount up to $7,000,000.00, subject to receipt of the grant; and Waive indirect costs in the estimated amount of $100,980.00. DISCUSSION: The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Comprehensive Energy Assistance Program (CEAP) through the Community Action Partners (CAP), which is managed by the City's Neighborhood Services Department. The TDHCA has notified the City to use the prior year's grant award and contract amount as a planning figure for the 2020 CEAP. The total 2019 contract amount was $6,526,540.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to $7,000,000.00 for this program in 2020. The additional appropriation takes into account anticipated energy rate increases and the award of subsequent grant amounts due to other grantees being unable to spend their funding. During the past five years, the City has received an average of $5,594,249.00 per year and as much as $6,526,540.00 in one year. The three components of the program are: 1. Household Energy Crisis - weatherization and/or energy related assistance, repair of HVAC systems and/or purchase of window units; 2. Utility Assistance - assistance to all eligible households with priority given to household composition of elderly and/or disabled members or a child under the age of five; and Education - providing information about energy conservation measures. �� All households at or below 150 percent of the Federal Poverty Income Guidelines will be affarded access to the program. Applicant households will be determined eligible according to income guidelines and program policies. Benefit determinations include household income, household size, energy consumption and/or vulnerability and the availability of funds. CAP staff will accept applications at nine neighborhood CAP facilities and at other identified locations throughout Tarrant County. Payments will be made for eligible clients directly to the utility vendors and heating and cooling system repair companies. TDHCA allows no more than 7.22 percent of the grant award (excluding travel and training) to be budgeted for administrative costs and 13.29 percent for program service costs. The remaining funds will be used for Household Energy Crisis and Utility Assistance for the duration of the contract. From January 2019 to September 2019, CAP served 5,545 households and 13,728 individuals. A waiver by the City of indirect costs will maximize program benefits. CEAP provides for 14 full-time positions with estimated direct salaries of $612,000.00. 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 $100,980.00. No matching funds are required from the City for the CEAP Grant. This program serves ALL COiJNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. Neighborhood 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 FundDepartmentAccountProjectProgramActivityBudget Reference # Amount ID ID Year (Chartfield 2) FROM FundDepartmentAccountProjectProgramActivityBudget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office b� Fernando Costa (6122) Originating De�artment Head: Sonia Singleton (5774) Additional Information Contact: Monique Hill (5775) ATTACHMENTS NS CEAP2020 AO.docx CITY ��CR�i�F:i� �`� �� # ,� ,'; �:�`:s''"� �1�. � ��.� —_.�. ��, T�3�AS D�PARTN��NT QR FiOUS11VG AND CON1Mii1VITY AFFATT2S CQiV`�'�tACT IVUMBER 58200003147 G��'J F=Y 2020 COMPI2G;HI+.NSIVE ENERGY ASSISTANC� PRQGRAM (C�AP) �� ,L A Zp�-� ` (CI'DA # 93.568) �4`N �.,':�t��` �' ��'��`' Arvarding I'cderal Agen¢y: U�3i#e�l 5tates Department of IIealfh and Iiu�n:tn Se�vices C1��C� . „ , rY��"" TDHCA P'eder.�E Award Nu�nber: �-20BI'C�CI.T-C;A � Aw,ird Ycar (Yca�• of AivxE•cl from f3HS tu TDIICA): 20ZD Unique I+lntiiy Idcntitiei• NutnUer: 14733G9GS SECTION I. PARTIES TO THE CONTRACT '1'his 2020 Comprehensrve �nergy Assislance Program {CEAY} Cont�-act Numbcr 5$2pp003147 ("Cant��act") is made by and bel�veen tl�e Texas Depa��tc��cnt of I-Iousing and Cc�mmunity Affairs, a pubiic and official agency o1� tl�e Siate of `Icxas {"Depa��tmcn#"}, a�id City of Tort WurtEi, a palitical subdi�ision of the 5tate of Texas ("Subrccipient"), hereinaftee� tlie "Parties". SECTION 2. CONTRACT TE1ZM This CoE�fract si�ali co3nmet3ce on Jan�Eary U1, 202�, and, imless earlier terininated, shall end on Decemi3er 37, 2020 ("Contract Term"j. SI:C'I'TON 3. SUBR�CIPI�NT P�RTOR]VIANC� A. Subrecipient shall tttrougltout iis Setvice Area A. ope�-ate a Coniprehensivc Energy Assistance Program, {"CL.AP"}, in accordance �vitl� the T:conomic Opportunrty Acl of [9G4 (Pub[ie Law 88-452), the Low-Tncome Eiome Energy Assistance Acc of 19$1 as unecaded (A2 U.S.C. §$623 el seq.) (Title XXVT oT tlle Omnebus [3udget Reconciliatian Act of 1981, Public Law 47-35, as amenc3ed) ("LIHCAP Act"), Chapter 21D5 af thc Texas Governinent Codc ("State Aci"), Chaptcrs 2105 a��d 23Q6 of fihe Texss Goverimient Codc ("State Act"), the itnplettaenting Sfate regulations unde�� T'stle ]0, Paet ], Chapter 1, Chapte3• 2 and 5iE6chapters A and C of Chapter 6 of the Texas Ac��nuiistrativc Code, as amended or supplcmented froan time to cicne (collcctivaly, "State Rules"), ilie LIHEAP State Plaii, 2 Cf�'R Pa��t 20a (as applicable), Sub3�ecipienCs "Service Delivery Plan" in accorda��ce witli IO TAC §G.306, tlie Depa��t:nenYs guidaiice related to CL�AP, all applicabie stata and fcderal regulations and Ehe te3�ms af tltis Contract. Subrecipie��k furtf�er agrees to cmnpEy with [he ceriitications ariached hereto as Addendums A, B, C and D a�id incorporated herein for all s•elevant ptn•poses; thc Budget attachcd hcrcto as Exhibit A and incorporated herein for all rele�ant purpnses, the Pee�sona3 ResponsiUility and Wo3•k Opportunily Act of 1995 ("1'TZWORA") Requirements for the CEAP atiached E�ereto as Addendum � and incorporated herein f'o3• all relevant purposes; the assiFrances, certifications, and all other statements uiade hy �uhrecipient in its application fvnding i��der this Contract; and with a13 other terms, provisions, and requirements herern set fo��[h. B. 5ubrccipient sl�all assist "�Tousehofds" tliat are "Low-income" w'sth priarity being givee� in no pli�ticular order to "Elderiy 1'ersons", "Persons with Disabililies", Households with a young child 5 years of age or under, �Iouselialds �vitl� "Nigh Encrgy Qurden" aud Househotds with "I3igli Energy Consumptiott", as said tcrms are defined i�i 10 TAC §C.2. C. 5ubrecipient shall rerund, with'sn tifteen {i 5} calendar days of tlle 4�ep�F�tinent's request, any sum of money paid io Subrecipient wliich Depa�•€nient determines E�as resulted 'ui an overpaymcnt or has not bae�i spenc in acco:�dance �vith the tenns of fhis Conh•acf. SEC'I'TON 4, l7�PARTM�]VT TINANCIAL OBLIGATIOIVS A. In consideratio« of 5ubrecipienY's satisfactory perform��ce of this Contract, Deparltnent sha�l reimburse Subrecipient for the ac[ual a[lowable costs incurrcd by 5ubrecipient during tlie Cont��act 1'erin for adminisirative expenditi�a�es and program services costs and direct scrviccs cxpcnditures in accordance witli 10 TAC �6.3Q8, in ihe ainount(s) specified in tl�e Budget attached he�eto as T;xhibit A. B. Any decision to obligaie additio��al famds or denbligate funds sf�all Ge �nade in writing by i�eparhnent in its soEe but reasonaUle discretian hased upon facto��s including, €�ut not limited to, flie stah[s of funding under grants to Deplrtment, the rate of Subrecipient's utiEization of funds under this or previous coniracts, tkte existence of qiaestioned or disallowed costs under tliis or o€her cont3•acts between the f'arties, a�id Subrecipient's overal] compliance with tlie ierms offhis Contract. Page 1 of 25 C. Deparir�aent's obligations under iEais Contract are contingcnt upo�� the aclual receipt and availability by the Departnient of 2D20 funds from tEae U.S, Department of I-Iea1tE� and I�un�an 5eivices. If s€�fficient funds a3•e not available #o ma[ee payments unde�• this Co«tract, Depai�tment shall notify Subrecipient in writing within a reasonable time after such fact is deterniined, DeparEmcnt sE�all then termi�ate this Contract and will not be liab[e for the failure to maice any payment to Subc•ecipient unde3• this Contract. Department acknowledges that it has received abligations from those sources which, if paid, will be sufficient to pay ti�e atlowahle costs i��cuf•�•ed by Subrecipient under tl�is Contract. �. Department is not liable for any cost incurred by Suhrecipicnt which: 1, is subject to rei3nbursement by a sou�•ce otl�er than Depart3nent; 2, is for perfbrmance of services or activities nof authorized by the LI�IEAP Act, State Itules, or which is not in aecordance with the terms af this Contract; 3, is not incun•cd during the Cantract Term; 4. is not reported to L�epartnaent on a monthly expendi€ure oe perforn�ance �•eport within forty-fi�e (45) calendar days following the e3ad ofthe Contract Term; or 5. is incurred for the pu3•chase or permanent impro�en�ent of real propec�t}+. E. No€withstanding any other pE•ovisian of this Contract, Department shall o��ly be liable ta Subrecipient for allowable costs actuaily incu��red w• parformances rendered fo�� activities specifisd ia the LiHEAi' Act. F. Notwithstanding any othcr provision of this Contract, the total of al] payments and other obligafions incurred by Department under tE3is Contract shall not exceed the sum af $5,638,953.00. SEC'1'ION 5. 1VIF'1'�iQD OT PAYMGNTlCASH f�AI,ANCES A. REQiJEST FOR r1DVANCE. Subrecipient may request an advance foe up to thirty (30) days. 8ubrecipient's request for casl� advance shall be limited to the mini�num amoun# needed and be timed to i�e 'sn accaa•dance with tf�e actual, immediate cash requia•ements o£ tE�e Subrecipient o�• an advance of $5,000, whicheve�• is geeater. In carrying out the purpose of this Cantract. SubrecipienF must request an advance payment by suUmitting a properly completed montl�ly expenditure report to Bepartment tE�rough the electr•onic a•eparting system no [ater than the fifteenth {1Sth) day of the mouth prior to the month for whicE� adva�ce payment is sought, togetheE• with such suppart9ng doc�n�entation as the Beparta3ent may reasonably request. B. DISBURS�M�NT PROCEDURES. Subrecipient shaEl establisf� procedures to mi��imize tk�e time between the disbu�•sement of funds fi�om Department to Subrecipient and the expenditure of such funds by Subrecipient. G. DEPARTMEN`i OI3I,]GATIONS. Subsection 5(A) of th'ss Co€�tract notwithstanding, Department reserves the right to utilize a modified cost reim�ie�rsement method of payment, whereby ��eimb�i��sement of costs i��curred by a Sub�•ecipieat is made anly af�er the Depa�•tmen# has reviewed and approved baekup c[ocumenfation providcd by the Suhrecipie«t to support such costs for all fi�€�cis, if at any time (i} Subrecipient maintains easf� balances in excess of need or requasts aciva��ce paymenfs in excess af tl�irty (30) days ��eed, (2) Departmee�t ide��€ifies any deficiency in the casf� conh•ols or financial management systan� used by Suhrecipieat, (3} SubrecipienF owes tk�e I]epartEnent fu�ids, or (4) Subrecipient violates any of the terms of this Contract. D. ALLpWABI,� EXP�NSF'S. All funds paid to Suhrecipient pursuant to this Coatract are for the payment of allowable expendifi�res co be used far the exclusive benefit of the 1ow-incame popalation of Subrecipient's 5ervice A�-ea incu��red duE•ing #he Contract Term. Subrecipient may incur costs far activities associated witE� the c[oseout of the CEAP contract fnr a period not [o exceed forty-�ve (45) calendar days fe•om tE�e end of the Co��tract Tern�. SECTIOIV 6. ADMiNISTI2ATIVE R�QYJIR�M�NTS, C05T PRINCIPLES AND AUDI'�' l2�QUT12�MGN'CS A. ADNIINISTRATIVE REOUIiL�MENTS AND COS"f' PRINCIPLES. �xcept as expressly modified by l�w or thc ternas of this Contract, Suba•ecipicnt sE�all comply with the cost principles and uaiform adminish�ati�e requiren�ents set forth in ti�e statc Uniform Grant Management Standarc[s, 34 TAC §20.427 in effect an the effective date af tliis Conri•act ("L1GMS"). All references therain to "local government" sha[1 be consh•ued €o mean 5ubrecipient, B, IrIllIR�CT COST RATE, 5ubrecipient has an approved indirect cost rate of 0.00°/a, as detailed in the lettc�• froin fhe cognizaE�t agency. C. AUDiT RE UIiZEMENTS, Aadit requirements are set forth i�� fhe Texas Single Audit Act and 5ubpart F of 2 CFR Part 2D0. Thc expenditu:•e threshold requi��ing an audit is $'750,OD0 of Federa[ fu«ds. Page 2 of 25 D. A,iJDIT ItEVIEW. Department rese�•ves the rigE�€ ta conduct additional audits of tha fands E�eceived and parformaaces rendered unde;• this Cont�•act. Subrecipient agrees to permit �epartn�ent ar its authorized c�epresentative to audit Subrecipieni's records and to obtain any documents, macerials, or infarmation necessary to faci[itate suah audit. E, CERTIFICATIQN FOILM. Fo�• any fiscal year ending cvithin or one yea�• after tE�e Contract `T'erm, SuhE•ecipient must submit an "Audit Ce:tificat€on Fm•m" (available fi•om €he T7epartme��t) withi3a sixty (GQ) days after the Sub3•ecipient's fisca] year end. If the 5ubrecipienYs 5ingle Auciit is requi�•ed by 2 CFR Part 20D, Subpart F, tE�e report must be submitted to the Federa[ A�dit Clearinghouse ("FAC") the ear[ier of 30 calenda�• days afte�� receipt of the auditor's report or nine (9) a�onths aRer #he end of its �•especYive fiscal ycar. As noted in 1�TAC �1.�403(�, Subrecipient is requi��ed to subc��it a notification to Department within five (5} business days of submission to the FAC. Alang witk� the notice, indiaafe if tl�c auditor issued a managcment ]etter. If the3•e is a managcmen€ letter, a copy of the letter must be sent ta thc Department. Both the not'sce and the capy of the cnauagement letter, if applicahle, must ba submitted to SAandACF rr tdl�ca.state.tx.us. r P. SUBCOl�TRACTS. The 5ubrecipie3�t sha[I include language in a3�y subcontract that provides the Department thc ahility to directly review, nionitor, and/or audit the operatianal a€�d financial performance andlor records af work perfoE•�ned under this Contract. S�CTIOIV 7. DI�OBLIGATION,'I'L,IiMTNATION AND SUSY�NS�ON A. DEOBLIGATiON. The �epar�ment may deobligate funds from Subrecipient in accordance with IOTAC §1.4i1, 70 TAC §6.304, and Chapter 2105 oftlie Texas Government Code. B. TERMINATIOI�i. Pursuant to IO TAC §§2.202 and 2.203, the ]7eparlxnent may te�•minate this Contract, in whole o�• in pac�t, at any time Deparhnent determines that fhe�•e 'ss cause fa�• termination. Cause for termination i��cludes, but is ��ot limiced to, Suhrecipiant's failure to comply with any tern� of this Contract or reasonable betief that Subrecipient cannat or will not comp[y witE� the a•ec�iEi�•ements nf the Cantract. C. GENERAL. 5u63-ecipient's failure to expend the funds p�•ovided undee tl�is Contract in a timely ma3aner may resu[t in either the tertt�ination of tltis Contract or Subrecipient's ineligibility to receive additional fuadi�g under CEAP, or a reduction tn the origi��al alloca#ion of funds ta Subrecipient. D. SUSI'ENSION. Nothing in this Sectio�3 7 sha[I be consh•ucd to limit Depa��tmen€'s authority to witE�f�old payment and immediately suspend this Cont��act if Depa�rtment identifies passible instances of fraud, abuse, waste, fiscal mismanage�nent, or other deficiencics in Subrecipient's perforraance including but noc li�nited to, S�brecipient's failure to correct any monitoring �ndings on this or any state conk•act or on a sing[e audit rcview. F. WITIiHOLDING OF PAYMENTS. Nntwithstanding any exercise hy Depa��tinent of its right of deo�ligation, terminetian or suspensioc�, S�bracipient sEzal[ not he relieved of any ]iability to Departcnent €or damages by virtue of a��y breach of thas Conh•act by SuUrecipienf, Department may wifhhold any payment due to 5nbrecipie�t uatil such time as the exact amount of damages d�e to Depa3•tn�ent is agreed upon or is otheewise deterinined in writing between t€�e Parties. F. LIABILI'iY, Depa��hnent shal[ nat be lial�le fo�• any costs incurred by Su�recipient aRer teE�rnination or during suspension of this Cantract, ar for any costs that sre disa[lowed. S�CTXON 8. ALLC)WABL� �XP�N➢1'I'iJXi�S A. 'ihe allowabi[ity of Subrecipient's costs incure-ed 'sn the pe3�fo3•mance of this Contract si�all he determincd in accorcta��ce with the provisions of Sectiau 4 of #he Contc�act and the regulafions set forth in the LiHEAP Act and the State Ri�les, subject to the [imitations and exceptions set forth i�i this Section $. B. C�;AP funds allow up to 7.22% of the award amouni to be uti[ized far administrative costs. Adminisri�ative costs incurred by Subrecipient in performing this Conh•act are to be based on actua[ progra�nmaEic expenditu�•es and shall be allowed up to the amount autiined in the Budget attached E�ereto as Exhibit A. Eligib€e adininist�•ative casts include costs re[ated to staff perfnrmance of management, accounting and repor�ing activities in accordance with the LIILEAP State Pfan. C. Adn�inistrati�e and pragram services activities funds ai�e ear€�ed through provisio❑ of direct services to clients in accordance with #he State Rules. Si�brecipient may cE�oose to submit a finai budget revision no later tktan forty-five (45) calendar days p3�iar to the end of the Contract Term ta use its administra[ive and program seivices funds foE• direct service c�tegaries. Page 3 of 25 SEC'I'ZOiV 9. I2�CORD K��PING REQUTI2�M�IVTS A. G�'%I�.RAL. Suba•ecipient sEtall co3nply with all the record keeping require�nents set fortti belo�v and shall maintain �scal and prog�'a3nmatic records and supporting docuinentation for all axpenditures of funds made under this Coniract in accardance with the U��iform Grant MaE�agecnent Standards, Chapter III, "State CJnifarm Admiuistrative Rec�ui�•ements for C�rants and Coopez•ative Agreements", Subpart C-Post Award Iteqairements, §_.42. Subrecipie�at agrees . to comply with any changes to tk�e UGMS recard keeping ��equireenents. For pur�osas of comp[iance �nonitoE•ing, all associated documenfation must be readily available, whet3�er sto�•ed electronical[y ar hard copy to demanstrate compliance with Subrecipient Performance as outlined in Section 3. B. Ol'EN RECORDS. Sub;�ecip'sent acknowladges that all information collected, assembled, or maintai�ied by Si�hrccipient pertaining to fhis Contract, except recards niade confidential by ]aw, is subject to the Tcxas Public Inforn�ation Ac€ (Chaptc3• 552 af Texas Government Code) and m�st provide citize��s, puhlic agencies, and other interesteci paz•ties witli reasoa�ahle access to all recards �er#�ining to this Co��trac[ subject to and in acco4�dance with the Texas Public Information Act. C. ACC�SS `�0 FtECOItDS. 5ubrecipient shall give the U.S. Departmeni of Health and IIuman 5arvices, the U.S. Gencral Accounting Of�ice, the Tex1s Comptroller, fi�e State Auditor's Office, and Iaepartment, or any af tl�eir duly authoe•ized representatives, access to es�c3 tE�e right ta examif�e and copy, on or off thc gremises of Sub��ecipiee�t, all records pertaining to tk�is Contract. Suck� rigi�t to access sE�alE contie�ae as long as che records are retained by Subrecipient. Si�brecipient agrees to cooperate with any exarnination eonclueted pursuant to this Suhsection C, U, RECQRFJ RETENTION. Subrecipient agrees to maintain such reco3•ds in aca accessih[e location foe tf�e greater of: (i) the time period descrihed in the state Unifonm Grant Management Staiid�crds, Cliapter iII, "5tate iJniform Administrative Requirements for Gra��ts and Cooperative Agreements", Subpart C-Post Award Requi��ements, §_.42; (ii) tl�c date that #he fnal audii is accepted with ali audit issaas resa[ved to tl�e Department's satisfactaon if the Depa��tment �iotifies the Subrecipient in writing; (iii) if a��y lifigation claim, negotiation, inspection, or other action t�as started before fhe expiration of [he ��cquired retention period records must he retained until coinpletion of the action and resolution of al[ issues whicJi a3•isa uade�• it; or {iv) a da#e consistent witk� any other pe��iod requi�•ed by the perfo�•med activily reflected in federal or state iaw or regulation. CJpon terminaEion of tl�is Contract, ali records are property of the Department. �, C�,IENT FILES. Sea6recipient slaal( maintain a client file system to document direct seE�vices rendered. Subrecipient sE�all maintain complefe client files at al[ tin�es. Costs associated with incomplete �les faund at the time af prog�•arrf monitoring may be disallowed. rach client fiie shal[ contain the following; 1. Claent applieation con#aining a[1 Department requ�rements; 2. Documeatation/verification af ciient incame for the thirty (30) days preceding #hci€� application for all Hnusehold members eightcen (18) years and older, or Declaration a£ Income Stateme3ai (AiS) (if applicable). In ordar to use the Dis form, each 5ubrccipiant shall devefop and implement a wr'stten policy and procedure on ttte use of the form. 3. Copy ofclie�t's u€i[ity bill(s); 4. �nergy consuinption history for ps•evious twelve (12) nionths (al[ fuel ty��es) OR or Department approved Alternative Biiling Method; 5. Documentatinn of payment (Documentation of �ayment may be niaintained in a separafe file, but niust be accessib[c to tk�e Department,}; � 6. Dacumentation of ber�e�ts determination; 7. Notice ofDenial �'orm (if applicable); $. Right of aPpeal a��d ps�oceduras for denial or teG•minatian of services (if applicable); 9. Any dacur��entation required by directives provided by the Depa��tme��t; 10. Prio��ity rating form; and 11. Case notes sufficient to document that ��•og��am service acfivity i�as occurred. P. SUBCON'�RACTS. SuE��•eci�icnt shall include tE�e substance of this Sectio�i 9 in all subcontracts. Page 4 of 25 5�CT1dN 1�. R�PORTII�G R�QiJIREM�NTS A. 1�UN17ING �EPOR`I'. By thc t5th of each manth, Subrecipient shall electronically submit to Depa��tment, a Funding Report of al[ expenditures of funcfs and c[ients se;�ved undec• this Conf�•act durif�g the previous ;nonth. These reparts a;•e d�e even if Suba•ecipienE I�as na new activity to repart during fhe month. B. INVT'sNTORY. In accnrdance with 10 TAC �1.407, Suhrecipient shall sub�nit to Department, no ]ater than forty-five (45) calendar days after the end af the Contract Term, an invef�tory af ali veiaictes, tools, and cc�€3ipment with a unit acquisition cost of $5,000.00 and/or a use£ul [ifc of cno�•e than one year, if �u3•chased in whole or i� part with funds received undez• this Coe�tract or previous C�,AP contracts. The invento�y shall include the vehicles, tools, equipment, and a�pliances p�s�•chased with �nergy Crisis funds on hand as oF the last day of the Contract Term. Subrecipiec�t acknowledges tfsat all equipment and supp[ies �urchased with fu��ds fi•on� ti�e CEAP are the progerty of CEAP and as such, stay with tl�e Subreci�ienttE3at pravides CEAP services in the Service Area. C. FiNAi, It�PORTS. Subrecipient sl�a[3 electroc�ical[y subrnit to Depa�-tment, no later than forry-five (45} calendar days after t€�e end of i€�e Contract Term, a fcnal report of a[1 expenditures of funds and clie►�ts served under this ContE•act. Failure of 5ubrccipient to provide a full accaunting of funds expenc[ed under this Gontract may result in the termination of this Contract and ineligibitity to receive additional funds. If Suhrecipient fai[s to subn�it a final expendihu•e/perforniance repart within forty-five (45} calendar days of the end of tha Contract `I'erm, Department wil[ use thc last report submittcd hy Subrecipient as the final repart. D. FIOUS�,HDLD DATA. By the i5tt� of eacEa month, Subrecipient shall electronica[ly upload data on �Iousehalds served in the previous month into the CA Perforinance Measu��es Module located i3� tha Community Affairs Contracc System. E. �EFA[JL`i. If Subrecipie«t faifs to submit within foriy-five (45) catendar days of its c€ue date, any �•epart or response required by this Contraci, inc[�d'sng responses to monitoring reports, Department may, in its so[e diso��etion, deob[igate, wiihhold, o�� suspend any or a[I payments otherwise due or requested by Subrecipient hereunder, and/or i€�itia€e procecdings to te�minate this Contract in acco�•dance with Section 7 of fhis Conh•act. F. LTNIOLIE EN`I'IT'Y ID�NTi�IER N€.)MBER. Sub��ecipient shal[ provida the Deparhnent with a Data Ut�iversa[ Numbering System (f�UNS) nun�ber and a Central Contractor Registration (CCR) System number to be used as the Unique Et�tity Identifie3• Nu3nber oE� all conte-acts and agree��ents. The DUNS number must he p��ovided in a doc�►�nent fi•om Dun and �3r�dstrcet and the cu��rent CCR number �nust be submifted from a doa�ment retrieved from the htfps://w�ur�.sam.gov website. Tltese documents mt�st be provided to the �cpartme«t prioe to the processing first pay;nent to Subrecipient. Subrecipient shal€ maintain a current DiTNS number and CCR number far the entire Co�rt�•act "Z'erm. S�CTIOIY 11. V�NDOR AGI2��M�1VTS For each of Subrecip'sent's vendors, 5ubrecipient shall implen�ent and maiataia a vendor agreement tt�ac contains assurances relating ta fair bil[ing practices, delivery procedi�res, aad pricing procedu�•es for business trausactians involving CEAT' clients. All vendor agreements are subject to �noe�€toring procedu3�es perforn�ed by T�I-ICA. All vendor agreements musE be renegatiatecf ac leasc every fwo years. SSC'i'IQN i2. CHANC��S AND AM�NDM�IVTS A. AMENDNI�NTS ANT� CHANGES REOUIRrD BY LAW. Aay change, addition or delation #o the terrr�s of this Contract 3•equired by a changc in federal or sta#e law or regulaEion is aufomatically inco�po3•ated heeein and is effective on the date designated by sach law or regulation without the requirement of a written amendment hereto. Said cha��ges, ldditions, or deletions a-eferenced under this 3ection 12 may be further evidenced in a written amandment. E3. GENL:RAL. Except as specifically prov�ded otherwise in this Contract, any changes, additions, or deletions ta tlie terms of this Canh•act shaEl be in writing and executed by bot3� Parties to this CoE�tract. C. FACSIMI1,lE SiGNA'I'UILES. If any Party returns an executed copy by facsi�ni[e n�achine or electronic tra�3smissioE�, tE�e signing p�rty intends the copy of its authorized signatu3�e printed by Fhe receiving machine or tE�e electcnnic transmission, ta be its original signah�re. D. R�OU�S`I'. Wrii#en requests far a Contract amendnient must 6e received by the Department by no later tlia�� forty-five (45) days prior to the end of the Conh•act Term. Pagc 5 of 25 S�CTION 13. Y120GRAl4I INCOMI� Subrecipient shal[ accot3nt for and expend program income c€erlved from activities financed in whoie or in part with funds provided undee this Contract in accordance with the state Uc�iform Grant Management Standards, more specifica[ly, Chapter III, "Slate Uniform A,droinistrative Requiremenis FoE� Gr�nts and Cooperative AgreeEnents", Suhpart C- Pas#-Award Requiren�ents--Financia[ Admi��istratio��, §_.25, T'rogE•am income. S�CTIOIY 14. 'X'ECiINiCAL ASSISTANC� AND MONT`T012ING DepaE�tmeE�t may iss€�c tecE�«ica[ guidance to exp[ain the rules and pravide directioe�s on terins of tliis Cunfraot. I�epae�tme�t or its desigaee may conduct on and of'F-s9te monitoring and evalitation of 5ubrecipient's campliance with the terms of this Co��t��ack De�a;�tment's monitor�ng may include a review of the efficiency, econoniy, ancE effcacy of Subrecipient's �ierfo;'mattce. I7epat�mcnt wil[ notify Sub��ecipient in writing of any deficiencies noted duri�g sue[t inonitaring, Depa�#ment may provide training and technical assisiance to 5ub�•eci�icnt in correcEing the deiiciencies nntec[. Depa��tme�t �nay x•equire con�ective action to remedy deficiencies e�oted in Sub��ecipient's accounting, personnel, �a•ocurement, and manageme�t p�rocedw•es and systert3s in order to comply with 5tate or Federal requi�•ements. Bepv�tment may conduci Follow-up visits to review thc previous(y noted deficiencies and to assess ihe Sul��•ecipient's eflorts madc to correct them. Repeated deficiencies niay resalt in disallowed costs. 17eparttttent may termir�ate or suspend this Conh•act or invoke other remedies Bepartment dete��mines to be appropriafe in the event mauitoring c•eveais material deficiencies in 5ubrecipient's pez•formance, or 5ubrecipient fails to correct any deficiency witE�in a reasanable period of tima, as datar�nined by tE�e Department. Depa�rtme��t or its desigaee may enf3duct an ongoing prograin evaluaEion tEa�•oughout the Cont�•act Term. SECTION l5. IND�P�1V➢EN'I` SLTI3R�CIPIENT Subrecipient is an independent contracto�•. SECT101V 16. YROCURENiE1V'1' S'fAIVDARDS A. SuhrecipieE�# shall comply with iJGMS aa�d ID TAC §1.404, this Contract, and all applicable %de�•a[, state, and [oca€ laws, regulations, and ardinances fflr making procurenient h•ansaciions and purchases under this Contract, FS. Subrecipient may not use funds �rovided uader this Coniract io purcl�ase equipmant (as defined by C�GMS) with a unit acquisitian cost (the net in�oice uuit price of an icem of equipment) of more than �5,040.00 ar an any veh€cle purchase unless Subrecipient lias received the prior writteu approval fi•om the Depar#ment for such gurch�se. C. When tl�e Subrecipient no longer r�eeds equipment �urchased with CEAP grant fu��ds, regardless af pu��chase pc�ice, or upon the termination of ihis CoE�tract, Deparrincnt may take possession and h•ansfer title ta any such property oE• equipment to the Aepart�nent or to a thi�•d party or may seek reimbu�•sement from 3ub�•ecipicnt of the current anit p�•ice of ihe item of equipment, in �epartmenYs sale determinat'so��. 5ubrecipieni muse �•equest permission from the De�art«�ent to transfer title or ciispose of'ec�uip�nent gu3�chased wit€3 C�AP grant funds. 5EC'I'ION 17, SUBCONTRACTS A. Subrecipient may not suhgrant t'unds ii�der tt�is Contract or subconEraci the prin�ary performance of this Cont:�act, inclading but ��ot [ianited to expenditure and perfarmance reporti��g and drawing funds tha•ough the Commanity Affairs Con[ract System, and only may en#er into properly procured subcontractuai ngreemeats far cansulting and othe3• professionat services, if 5ubrecipiant has received Aepartn�enPs prior written approval. Suhrecipient may subco��[racc for the delivery of client assistance without obtaining Depu�tment's prior app�•ovaL Any subcontract i'or the delivery of c[ient assistance will be subject to monitoring by the Department. B. In no event shall auy provision af this Section I7, specifica[ly tt3e requirement that 5ubrecipient obtsin Department's priar written approval of a subconh•actor, be construed as relieving Subrecipient af tha responsihi[iry for ensuring that the perfo�7nances rendered undcr all suhcontracts a��e rendcred so as ta co�nply with a[1 of tE�e teE•ms of tE�is Contrxct, as if such performa��ces E•endered were rende��ed by Subracipient. Deparhnent's approval under this Section I7 does not constitute adoption, ratitication, or acceptance of Subrccipie�t's or subcantrector's performance hereu�der, L7epar[mcnt maintains thc right to monito3• and require 5ubrecipient's fu[1 con�pliance with the terms of this Co;7tract. Depar[ment's approval undez� this Seciion 17 does not waive any right of action which �nay eaisf or which may subsequently accrue to Department u€�de�' this Contract. Page 6 of 25 S�CCTpN 18. TRAVEL Tl�e ixa�el funds are to be €�sed on[y far Deparhnent-approved training events. Sub��ecipient s€�al[ adhere fo 2 CFR Part 200 (as applicable} and either i#s board-approved h•ave[ policy (not to exceed the amounts estai�lished in s��bchapter i of ChapteF• 57 of `i'itEe 5, United States Code "T�•ave[ a��d Subsistence Expenses; Mileage Allowances), or in the ahsence of s�ch a policy, the 3tate of Texas travel policies under 10TAC §1.408. Subrecipien€'s w��itten trave[ poticy shall delincatc the rates which S�brecipient shal[ use in computing the travel and per die�n expenses of its baard me�nbers and employees. S�CTIOI� 19. 130NDING AND INSURANC� REQU�I2GM�IVTS A. PAYMEI�T ArID PERFORMANCE BOND. If 5ubrecipienE w'sll entcr in to a consfruction or facility improvements conri•aci with a tE�ird-parly i�� tE�e amount of $25,000.00 0�• greater, Subrecipient ax€ust execute with fhe conl��actor a payment bond in the full atnoimt of the contract. If #he Subrecipient will entee• in ta contract with a prime conh�actor in excess of $100,000.00, a performance bond in thc fu[1 amount of the contract is aiso requieed. These bonds must be executed by a corpoE•ate surety autk�orizeci to do business in Texas, a]ist of wE�ich may be abtained from the State Insurance Departnien€. Such assurances of completion will �•un to tE�e Depa�•tmei�i as obl'agea and musl be docun�ented p�•ior to the start of consri•uc#ion. TE�is bonding requirement appfies to the exteE�t requirecl hy federa3 or state [aw. B. R+ISUitANC�.. Sab��ecipient shal[ maintain adequate perso►�al injury and properry damage liability insu�•ance. Subrecipient is encouraged to obtain pallut€oc� occun�ence insurance in addition to tE�e general liability insurance. Gee3era[ly, regular liability insurance policies do not provide coverage for patential effscts af many health and safety n�easures, such as lead disturhances and other pollufion occurrcnce items. Subrecipie��t should review existing policies co detaraiine if lead contamina#ion is covered. If it is not, Subrecipient sho�ld consider securing adequate coverage for ali const�•uction projacts. Additional liability insuE•ance costs may be paid from administrative funds. 'I'l�e Depai��eut strongly recommends the Su6reaipient require tk�eir contractors to ca3��y poltution accurrence insuraace to avoid being liable for af�y mistalces the contractors may m1ke. Each ageacy should get a legal opinian regardi:�g the best course to take for implementing tha pollution occurrence insuE•ance cover�ge. S�C"ii01� 20. LITIGATIOIY A.N� CLAIMS Subrecipient shall give Depaetme«t immediate writ[en antice of any claim ar �ction filed witl� a court or adeninist��ative agency against Subrecipier�t and arising out of the perFormance of this Contract oc� any subcanr•act hereunder. Subrecipient shal[ fuE�nish to Dcpa��tment copies of ail pert's��ent papers s•eceived hy Sub3�ecipieni with respect co such action or claim. SECTIdN 2I. LEGAL A iJ'THQRITY A, LEGAL AUTI�OTtITI'. Sub�•ecipient assures and guarantees lEaat it pnssesses the legal autE�o3•ity to enter into chis Coczt��act, fo receive a3id manage the funds au#l�oa•ized by tk�is Contract, and io perfoim the services Subrccipient l�as obligated itself to perfarm he�•eunder. Tl�e exccntion, delivery, and performance af this Contract wi[1 not violate SubrecipienYs cons#it€�tive documents or any requirement to which Suhrecipient is subject and repz�esents ihe legal, valid, and binding agreenaent of 5uhrecipient, enforceable in accordance witl� its tern�s. B. SIGNATiTRE AU1'�IORITY. The person signing this CoE�fracE on hehalf of S€�brecipicnt k�e�•eby wa�•rants that he/sl�e f3as been duly autE�orized by the 5ubs�ecipient's governing baard to execute this Contract on beha[f of 5ubrecipiee�t and to va[idly and legally bind 5ubrecipient to the terms, pravisions aad Peeformances herein. C. "I'ERIvIINATION: LIASTLI"T"Y. De�ar[ment sha[1 have the ��iglit to suspend or terminate this Co:alract ii there is a dispute as to the legal authoriTy of either Subrecipient, or tk�e person signing this Coc�tract on behalf of Sub�•ecipient, to ente�• i��to this Goatract ar to render perfo►�mances hereuader. Subrecipient is 1'sable ta Depai�tment far any money it has recaived fi•om �epartn�ent for parfarmance of the prpvisions of tl�is Contract, if the De�arm�ent k�as terniinated chis Contract far reasons enumarafed in tl�is Section 21, D. MERCER; DEFAULT. Subrecipient underst�nds that it is a�i event of default under this Conh�act if the 5ubrecipier,# lic�uidates, terminates, dissolves, merges, coasolidates or fails co maintain gooc€ standing in the State of Texas, a��d such is not cured prior to causing material harm to 5ubrecipient's ability to perform under fhe terms of this Contract. Page 7 af 25 �EC'i'ION 22. COMPLIA,I�'C� WITI3 LAWS A. F�D�RAL, STA'I'�, AND LQCAL LAW. Subreci�ient sl�alt comply with the LI�3EAP Aci, tE�e federa] rules and regulatiotas promulgated �nder the LIHEAI' Act, ti3e State Act, Chapter 2105 of the Texas Government Code, the State Rules, LIHGAP State Plan, the ce�•tificatioas attached, �nd all federal, siate, and local laws and regulations applicable to the pe3•fo�mance of this Conte•act. 5ubrecipient shall nat vio3ate any federal, state, or ]ocal ]aws, stated herein ar otherwise, nor can�mit any il[egal activity in clie pee�formance of or associated with the pez•formance of this Contract. No fu�ds under chis Contract sha[I be used iar any illegal activity or activity that violates aE3y federa[, state or lacal laws. B, flRUG-PTZEE WORKPLACE ACT OP 1988. The Suhreeipient af�rnas by signing this Gontract and the "Certification Rega�•ding IJrug-Free Workp[ace Rec�i�ireme�its" aftached hereto as Addendum B that it is i�npleinenti€�g thc Drug-Free Workp[ace Act af 1988 (41 U.S.G. §701, et seg) and HCTD's implementing regulations including, without [imitati�n, 2 CFR Parts 182 at�d 2429. C. LIMITT:D ENGLISH PROFICIENCY (LEP�. Subrecipieat must provide program applications, forms, aE3d educationaE materials in Eng[ish, Spanish, and any apPropriate lac�guage, based on the needs of [he Service Area and in co�nplianee with the requirements in Executive 03�der I3166 of August 11, 20U�. `Io ec�sure compliac�ce, tlie Suhrecipicnt must take reasonable steps to insure that peE�sons with Limited �nglish Pro�ciency 1�ave meaningful access to the program. Meaningf€�I access n�ay entail providing language assistance services, inc[uding oral and written t�-anslation, where necessa�•y. D. INI'ORMATION S�CURI`fY ANT7 PRIVACY RE Uif2EMEI�ITS. 5uhrecipient sha11 comply with the info�•�nation security and privacy �•equirements unde:• 10 TAC $ I.24 to ensure tE�e security and privacy af Protected lnfo�mation (as said term is de�ned under T 0 TAC § 1.24). T'. P12EVEN1'TON OF Tft,AF�ICKINCr. Snbrecipient and its contz•actaa•s must compty with Section IpG(g) of the Traf(icking Victims Protection Act of 2000, as amended (22 U.S.C. �7104 et seq.). IF Subrecipient or its coniractor or subcontractor engages in, or uses lahoa� �•ecruiters, bro[cers nr other agenis wha engage in any of the prohibited activities under Sectian 10G{g) of tt�e Trafficking Vic[ims Protectian Act of 200�, Departrr�ent may terminate th€s Co��tract and Subrecipient hee�eby agrees and acknowledges tE�at upon ternainafion, Subrecipient 's rights to any funds sk�all be terminated, SECTION 23. PI2EVGIVTIQN OI' WA5`1'�, FI2ALTD, AND ASUS�; A. S€�brecipient shall estabGsh, maintain, and utilize systems and proceduees to prevent, deteet, a��c� cor��eet waste, fraud, and abuse in activities fu��ded under tt�is Contract. The systems and procedures shal[ add��ess possible wastc, fraud, and abuse by Subrecipient, its e�nployees, clients, vendors, suhcontractors and administeri��g age��cies. Suhrecipient's interna[ cof�trol systems anci al4 iransactians and otE�er significant events are #o be clearly dacumcntcd, and the dacumentation 'ss to bc readily availabte for monitoring by Department. B. Sub��ecipient shpll give Depat'iment comp3ete access to �11 of its rccords, employees, aiid agents for fhe purposes of aE�y investigation of the Comprehensive �'nergy Assistance Program. Subrecipient sE�al[ immediately notify I�epar�nie��t of any discovery of waste, fraud, or abuse. Subrecipient sha[1 fully coopa��ate with Departine�it's effm�ts to deteet, investigate, and preveE�t waste, fraud, a��d abuse in the Comprehensive Encrgy Assistance �'��og�•am. C. SubrecipienY may not discriminate against any er�ployee or o#her person w(�o repoits a violation af the terms of this Contract, or of any law or regulation, to Depai�trc�ent or to any appropriatc law enforceme�t authority, if the repo3�t is made i�� good faith, S�C'�'IQIV 2A. CERTIFICATi01� R�,GARDING UIVDOCUMEIVT�D WORK�RS Pursuant to Cf�apier 2264 of the Taxas Govern�nent Code, hy execution of this Contract, Subrecipient E3ereby certifies that SubrecipiendLoca] Operator, or a branch, division, or department of SubE•ecipisnt docs not and wi[1 not knowingly employ a€i undocumenfed worker, wE�ere "andocumaczted worker" n�eans an individual who, at tk�e tiine of emplaymenY, is not [awfully adn�itted for permanent residence to fhe United Sfates or authorized under law to be employed in that ma��ner in the iJnited States. If, afte�� receiving a public s�bsidy, Sab��ecipient, or a branch, divisian, oa� depai�tment of Sr�brecipient is convicted of a violation unde�• & U.S.C. §1324a(�, Subrecipient sha[I e•epay the public subsidy with interest, at a rate of five percent (5°/a) per annuin, not later than f1�e 120th day afte�• the dafe the DepaE•tmeni noii�es Subrecipient of the violatian. Page S of 25 SECTI0IV 25. CONFLICT OR IN'f�RE5TII�EPOTISM A. Subrecipient shall mainiain wriiten standards of conduct governin� the perfo��nance of its employees engaged ia che award and adm€nistrat€on of confracts. �3. No employee, afficer, or agent of Subrecipaent sha11 pa�ticipate in the seleciion, award, or administration of a contract s�►ppoc•ted by federal funds if a real ar apparent coi�flict of i��terest would he involved. Such a conflict would a�•ise when the cmpfoyee, olTicer, or agent, any member of his oe her imn�ediate family, his or her �artner, or act organizatian which emp[nys of' is about to errtploy any of the Pa�'tics indicated lierei€�, has a financia[ or ott�er interes# in tE�a firrs� seleeted far an award, C. The offcers, employees, and agants of tl�e Subrecipicnt st�all neither solicit nor aecept gratuit€es, favors, ar anything of monetaiy value from cantractors, or parties to subagreements. Subrecipient may set standards for siriiations in which the finaucial interest is €�ot substanfial or the gift is an ue�so[icited ite�n of nomi��al value. The stanciards of conduct sha[1 provide for diseiplinary aciions ta be app[ied for violations of such standards by officers, ernployees, or agents of the Subrecipiant. D. SubrecipieE�t shall, in addition fo the requ'srements of this Section 25, �'aqow the rcc�uirements of Chapter I7i of the Loca[ Gove�•��nlent Code ��egardie�g conflicts of intcrest of of�icers of ��mnicipalities, counties, anc3 certain other local gpvee•nme«ts. E. �'ailure to maintain written standac�ds of conduct and to fotlow and enforcc the written sta�dards is a candition of default under this Contraet and may resulf in termi€�ation of the Conh•act ar deobligation of funds. SFC'�`XON 2G. POLITICAL ACTiVITY PX2O�Tr13I'T�D A. None of the funds provided under this Contract s[�al[ be used fo3• in€li�encing the outcome of any election, ar the passage or defeat of any [egislative measure. This prohibition shall not be cons€rued to prevent any state official or employee from furr�ishing to any member of €ts governing body upan request, or to any othe3• [ocai ar state official oa• emp[oyee, or to any citizen, inforEnation in tl�e haads of the einployee or official not conside��ed under law to he confidential informaiion. $. No funds prnvided i�ndar this Cont�•act n�ay 6e used di��ect[y or indi�•ectly to hire employecs or in any other way fund oa• support candida#es for the legislative, executive, 03• judicial brancl�es of gave€nment, the State of Texas, c�r the government af tE�e United States, C. None of the fv�zds �s•ovided under this Contract s�all he used to �ay auy perso37 or organization fo3• in{]uencing or attempting to €n(]uence an officer or employee of any agency, a member of Congress, officer or a�nployee of Cong�•ess, or an employee of a member of Congress in connection with obtai��ing any Pederal contract, gran# or any other award governcd hy tl�e Byrd Anti-Lobbying Amendment (3F U.S.C. §1352) as tlae Developmen€ Owner and each oi its tie�•s liave certi�ed by thei�• executian of tf�e "Cei�lification Rcgarding Lobbyi��g for Contracts, Grants, Loans, and Coopez•ative A�reements" attached hereto as AddandiErr� A and incorporated herein fo�� all ��elevanY purpases. S�C"�'TON 27. 1Y01�l-1?ISCRIMINAI'ION AND �QUAL OPP(3RTUNI'1'Y A. NON-AISCR1MiNATIOI�I. A person shal[ not be excluded finni pa��[icipation in, he denied the bene�ts of, be subjecteti to discriminatio�� under, or be denied emplayment in the administration of or in connectioc� with any program or activity fuaded in wf�ole or in pa�� widi funds made availAble under this Contract, an the grounds of race, color, retigion, sex, nationa[ origin, age, disabi[ity, political affiliation or belief. E3. �,QUAI. OPPORTiINI"�'Y. Subrecipient agrees to cany out an Equa[ Employment Oppo3•tuniry P�rog3�am in [ceepin� witF� tk�e principles as provided in President's Executive Order Ii246of September 24, 1955, as amended, and its in�plementing regu[atioEss at 41 CFR Part 60, � C. ACC�SSII3II.iTY, 3ubrecipien[ must meet fhe standa�•ds under (i) 5ection SD4 of t[�e Rehabilitation Act of 1973 (5 LT.S.C. §794} and (ii) Titles Il and III of the Americans with Disabilities Act (42 L3.S.C. §§ 12I3 i-12I89; 47 i1.5.C. § §155, 2D1, 218 and 255) as implementcd by U. S. DepaE•tment of 3ustice at 2$ C�'R Pai�ts 35 and 3b. Sab3�ecipient sh�ll operate each program o�• activity receiving fivancial assistance so that the program or activity, when viewed in its entirery, is readily acccssible aad usable by individuals with disabilities. Subrecipien€ is atso E•equired io provide reasonable accommodations for persons with disabi[ities. 17. SUBCON'i'RACTS. Subreaipient wi[1 include the substac�ce of this 5ection 27 in a[1 subcontracts. Page 9 of 25 S�'C'I"10N 2$. DEBAI2R�D AND S(lSPEND�D PAR'TI�S By signing ihis Concract, Subrecipient certifies that none of its pri��cipal employees, board members, a�ents, or contractors are presenily deharred, s�3spended, proposed foE• debarment, declared ineligible, or voluntarily excluded by any federa[ department or agency as provided i�� the Certification Regardi;�g Deba�•ment, 5uspension a��d Othee� Responsibility Matters attacl�ed IieE•eto as Addendum D and inco�•porated herein for all relevant purposes. The terms "covered transaction", "de€�a�rad", "suspended", "ineligible", "lower tier cove��ed teansaction", "pa�ticipant", "perso�i", "p;•imary covered tf•ansaction", "principai", "{�ropnsaf", and "voluntxrily excluded", as �sed in the certification attachcd as Addendum D, have the meaning set ouc in tE�e Dcfinitions and Gavea•age sections af ru€es impicmenting �xecutive Order I2549. Subrecipient alsa certifies that ii wi[1 not [cnowie�gly award any fu3�ds provided by this Con€ract to any person ��vho is proposed far deharment under �8 CPR Part 9, subpart 9.4 oa• #hat is debarred, suspended, ar otherwise exc[uded from or ineligible far pa;�ticipation in federal assistance programs under Executive prde�• 12549. Subrecipient agrees that prio�� to entering into any agree�nent with � potential subcontractor that the verificat'son procass to comply wit3� this requirenient will be accomp3isk�ed by chccking tlie System for Award ivTanageinent (SAM) at www.sam.gov and incfiding a copy of the e•esults in its �roject files. Subrecipient may decide the frequency by wE�ich it determi��es the eligibility o€ its subcontracto3�s. SubE�eci�ieiit inay rely upon a certification of a praspective subcanh�actor Yhat is not proposed for deharment under 4$ CFR F'a�•t 9, subpart 9.4, deba:�•ed, susgended, i��eligible, or volt�ntarily excluded fi•om the covered transactian, �nless 5�brecipient [cnows that the ce�•cifcation is e3��oneous. �'ailure of Subrec9pient to fumisi� ihe certification atiached E�ereto as Addendum D or an explanation of why it cannot provide said certification sE3all disqualify 5ubrecipient fi•om particip�tion under this Cantract. The ceEtifcation or explanatian wiil be considered in con3�ectian w€th the Depai�tn�ent's detercnination whetf�er to coatinue with tl�is Contract. Subrecipient sha[1 pravide immediate written uotice to Department if ai any time Subrecipient learns tl�at the certifcatian was er3•oneous whan submitted or has hecorne erroncous hy reason of c[�anged circa�nstances. Subrecipient further ag�•ees by executing this Contract that it wil[ include the certification provision titled "Certification itegard'ang I]ebarraent, Suspension, 3neligibility and Voluntary Exclusive-Suhcont�•acts," as set out in Addendum D, without modification, and this language under this Section 28, in all its subcontt•acts. SECTIOiV 29. FA1TH 13AS�D AND S�C'CARIAN ACTIVI7'Y i'unds provided under this Contract may noi be uscd for sectarian or exp[icitly reli�ious activities such as worsl�ip, religious instruction ar pz•oselytizatian, and must be for iEse benafit of persons regardless of religio�s affiliatio��. 5uhrecipient shall coniply witE� the regulations promulgatcd by ti�e U. 5. Deparm�ent of F-Iea[th and Human Se��viccs ("HI�S") at 45 CFR Part 87.2. S�CTION 30. CQPYRIGH7' 5ubrecipief�t snay copyright materials developed in the performance of this Conh•act or witli func�s expended under this Co��fract. Beparhnent and HHS sha31 escli E3ave a royaEfy-free, no��exct€�sive, and ir:•evoclble righf to reproduce, publish, or otherwise use, ar,d co autE�oE�ize otE�ers to use, the copy3•ighted work far government purposes. SI;C'i'ION 31. ND WAFVER Any ��ight or remedy gir�en to Deparhnent by this Contract sha[1 not preclude the existence of any ofhea• z•ight or rer�aedy, nor sha11 any action taken in the exercise of any right or remedy ba deemed a waiver of any oiher right or 3•emady. The failurc of Department to exea•cisa any right or remedy on any accasion shall not constit�te a waiver of DepeE�tment's rigt�t to exercise tEtat or a��y other rigE�t ar remecly at a tate�• time, SFCTION 32. S�V�RABILI'I'Y If any secEion or provision of this Contract is held to he iE�valid or unenforceabte by a court or administrative h•ibunal of cors�peten# jurisdiction, the remainder shall remai�� valid and binding. Page 10 of 25 S�CTION 33. O�iAL AND WRITT�N AGRI+;1�aMENTS A. All oral and w�•itten agreetnents between the Par�ies relating to the subject matter of tl�is Cantract have been �•educed to writin� and are contained in tEais Gontract. B. The attachments enu�nerated and denom'snated below are a��art of this Cantract and canstitute promised performances under tE�is Co��iract; [. Addendum A- Certification Regarding Lnbbying fnr Contracts, C7rants, Loans, and Cooperative A,greements 2. Addendum B- Certification Itegarding Drug-Free Workplace Regui�•ements 3. Addendum C- Certification Regarding �nviraamental Tobacco 5moke �. Addendism D- Certification Regarding Debarment, Suspensiaii and Othe�• Responsibelity Matters 5. Addand€�En E- PRWORA F2equireme�ats 6. �xhibit A - Budget SECTION 34. �P�CIA.I, COIVDITIOIVS A. In ordcr to achieve coa�pliance with the LIHT�AP Act, Subrecipient n�ust coordinate with other enc3•gy related progra�ns. Specifica[ly, Subrecipienf mitst rnake doc��nented i�eferrals to thc lncal Weatherization Assistance Progra�n. B. Subrecipient shali accept appEications for CEtLP be�aefits at sites tliat are geographically accessibte to all Housel�olds in the Service Area. Si�brecipient shall pravide Elcterly Persons and ['ersons with I7isabilities who cauuot indeperadently t�'avel to thc application site the means to suE�mit applications for CEAI' benefts witE�oui leaving tl�eir residence or by securing t�•anspo�-tation for them to the sitas tk�at accept sucli applica#ions. S�CTION 3S. APP�ALS 1'ROC�SS In compliance with the LIHEAP Act, �ubc�ecipient must provide an opporh�nity for a faie� admin'sst€�ative hearing to ind'€viduals whose app9icatian for assistance 'ss deE3ied, te�minated oe not acted upon in a tin�ety manncr. S€�brecipient must establish a deniai of service cornplaint procedare in accord�nce with 14 TAC §6.8. SECTIOI� 36. CJSE OF ALCOHOLIC B�VERAG�S Funds provided u�der this Contract may not �e used for the payn�enc of salarics to any Subrecipient's emplayees who use alcoholic beverages while oci active duty, for te�avel expenses expanded for alcoholic beverages, or for the pua•chase of alcoholic heve�•ages. SECTIOIV 37. I'012C� MAJUI2E ifthe obliga#ions are delayed by the fo[lowing, an equitable adjus[mcnt will he made iar delay or failure to perform hereu��der: A. Any of the followi�ig events (i) catastrophic weati�er co�zditioas or other ext�•aordinary elcments af nature or acts of Gad; (ii} sets ot' war (declared or undec[ared), {iii) acts of terrorism, insurE�ecEion, z•iofs, civil diso3•ders, z•ebeliion oa• sa[�otage; and (iv) quaraniines, emhargoes and othe�� similar unusual actions of federa[, provincial, loc�l or foreign GoveE��3nental Authorities; a��d B. The non-performing party is without fau[[ in causing o�• failing to preveE�t the accu��;•ence of such event, and suct� occurrence could not have been circunrvented 6y eeasonable precautions and could not have heen prevented or ci�•cumvented tk�rough the use of commercialty reasonah[e alternative so€�ecas, workarouncE plans or otlier means. SEC'T'ION 38. ALT�RNATIVk,17XSPLITE RESOLUTION In accoedance with Section 23�6.Q82 af tha Texas Government Code, it is the �epartme€�i's policy to encourage tlie use of appropriaYe alte��native dispute resolution procedures {"A1�R") under the GoverF��nenta[ Dispute Resolution Act anci the I�egotiated Itulemaking Act (Chapters 2009 and 200b respectively, Texas Government Code), to assist in the fair and expeditious resolutio�i of i�3ternal and external disputes i�ivo[ving ihe Departcnent and the use of negotiated ru[emaki»g procedu�•es for the adoption of ]7epartment rutes. As descri6ed in Chapter 154, Civil Practices aad Remedies Code, ADR procedu��es include mediatian. Except as prohibited by T7eparhnent's ex parte cammunicatio€�s policy, Depa;tment encourages informal comm�inications behveen Department s#aff snd the Sub��ecipient, to exchange informa€ion and inforn�aliy E�esolve disputes. Departn�ent also has adminisirative appeals processes io fair[y and expeditiously resoive disputes. If at any time the Suhrecipient would li[ce to engage Deparhnent in an A17R procedu3•e, £he Subrecipient may send a p�•oposal to Department's T�ispute Resalutio�i Coordinator. Foc additional infor�naEion on Department's ADR policy, see Department's Alternativa Dispute Resolution and Nagotiated Rulemaking at 10 "E�AC § 1.17. Page 1 i of 25 S�CTIOIY 39. 'r�r�� s or Txr �ss�r�c� "T'ime is of the essence wi[h respcct co Subrecipient's complia�ce with al[ covenants, agreements, terms and conditions of this Contract. S�CTION 40. COCII�TERPARTS AIVIi FACSIMIL� SiG1VA�'OT2�S This Contract may be executed in one or more coi�ntergarts eactt of which sha[I be deen�ed an original but ai[ of which tagctE�er shall consiitutc oc�e and the sa3ne instrn�nent. Signed signature pages may he transiniifed by facsicnile oe• other electronic transmissio��, and any s�ich signature shal [ have the same lega[ effecE as an original. 5EC'TION 41. NCIMB�R, GENDER LTnless ihe cantext requires otherwise, tE�e words of #he inasculi«e gender sE�all inc[ude the fe��ini��e, and singula�� vords shall include Yhe plural. SECTIflN 42. NflTICE A. If a notice is provided concerning t1�is Co�iract, notice may be given at the fol[owing (hee-ein referred to as "Notice Address"): As to Depa��tment: TEXAS �EPAf2TMENT OF I-IQUSiNG AND COMIVI[JNITY AFFA[FZS P. O. Box 13941 Austin, Texas 787t [-3941 Aifention: Michael �e Young Telephone: (512)- 475-2125 Fax: (512) - 475-3935 micE�ae[.deyoung(r�tdhca. state.fx. us As to Suhrecipient: City af Fort Worth 200 Texas Street Annex, 3rd Floor Fort Warth, TX 7G1D2(>312 AtteE�tion: Fernando Costa, Assistant City Manage3• Telephane: (817) 392-6122 Fax: (81'7) 392-6134 Email; fernando.costa cr fortworthtexas.gov B. All notices or othe�� cammunications hereunde�• shall be dee�ned given when delivered, mai[ed by avernight seivice, or five days afier mailing by ceili�ed or registered inaif, postage prepaid, retu;�n receipt rec�uested, addressed to the appropriate Alatice Address as defined in the above Subsec€ion A of ihis Section �2. C. S�abrecipient shall provide eontaet information to the Depa�•tmen# in accordance with i0 TAC §6,b, SECTION 43. VENUE AND .NRISDICI'ION This Contract is delivered and intended to be performed in tiie Stafe of Texas. For purposes of [itigatioa pursuant to this Contract, venue sE�all [ie in iravis Caunty, Taxas. S�CZ701\T 44. LIMITA'TIOIV ON ASOR7'iON FLTNDING A. Pursuant ta Chapter 2272 of the 'I'exas Gove►•E�ment Coda, to the extent allowed by federal and sta#e law, the Department may not enter inta this Contract with 1n "abo�iion provide3•" ar an"affiliate" of an abortion provider, as said terins a�•e defined thereunde�•, if funds ��nder this Contract are approps•iated from state or local tax revenae. B. By execution of tk�is ConEracf, the Subreaipient hereby cec�tifies that, as a conc3ition of receipt of any funds under chis Cotttract from st�tc or [ocal tax revenua, it is eligible to receive said funds, and that it ��ill €�ot utilize said funds in 1ny way co��trary to this 5ection 44 during #he Gontract Term. Page 12 of25 1;XT;CLTTGD to be effective on ,Tanuary OI, 2020 SUBRCCIPI�iVT; City of Tn�•f Wai't!► a poiitics�l subdivision of the State oiTexas By: I'ernando Costa Title: Assistant City Manager Date: December 3U, 2019 4:36 pm D�PARTMENT: T�I�AS DEPAI2TM�NT OF T�OCJSING AND COMMUNI'1'Y A1+FAIRS, a�ubIic a��d official agency oftlte State ofTexAs By; Robert 1Villcinson "�'it[e: Its duly a�ctharired officer ar representative Date: 3anuna•y 6, 2�20 9:58 am Page 13 of 25 TEXAS D�PARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANC� PROGRAM (CEAP} CONTRACT NO. 58200003147 {CFDA # 93.568) APPR�VED AS TO F4RM AND LEGALITY: �.. �_ ��- Matt Mui�•ay Assistant Ciiy Attorney ATTEST: � �� r. :� � Ma�•y J. I�ays City Secretaiy M&C: 19-0343 Dated: December 3, 2�19 �4'�� t � � `� r' �� q ..�. � � ! .�� ' ��f �� , � �:- � � ��'�`4��"�� . '�i:�•- �,�-:.. CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) -�_ Title: Assistant City Manager Date: Dece�nber 30, 2019 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Sy: Robert Willcinson (signed elecironically-see attaclied contract) Title: Its duiy autl�orized officer or i•epresentative Date: Janua�•y 6, 2020 By signing below, I acicnowledge that I am the person responsible foj• the monitoi•ing and administratian of this contract, including ensuring all perfornr�anee and repot�ting �•equire�nents. '� � 1 r ' . � ,_.,� f L, f� , ,;_j��-� ^ �� Sonia Singleton, �s� istant Direc#or Neighborhood Ser�Gices T�RAS DEPARTMI�N`C OF IIOUSIIVG A1VD COMMiJ1VITY ATTAIR5 CON'I'RACT NUMF3ER 5820�D(}3147 FY 2020 COMP�EHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) (CFDA # 93.%8) ADDENDUM A CERTIFiCATIOIY RE�AR13iNG LOBBYII�G FQR CO�'FRACTS, GRANTS, LOANS, AND COOI'�:XiA�`X'V� AGR��M�1V7'S 'Ehe undersig�ied ceitifies, to the best of its knowledge and belief, that: l. No Federal appropriated funds have been paid o3� wiEl be paid, by or on beha[f of tE�e undersigned, ta any pe��son for influencing or attempting to i��fluence an officer ar e�nplayee of a�� agency, a Me�nber of Congress, an officer or emgloyee of Congress, oc� an employee of a MembeE• of Congress in cannection with the awarding of any Federa[ contract, tlie ma[cing of a4�y Federal g�•ant, tE�c enaking of any Federa3 loan, the enterie�g into of any cooperative agreement, and €he extension, contiuuation, renewal, amendment or modificatian of any Fedaral contract, grant, loan, or cooper�five agE•ee«�ent. 2. If any funds other thaii �'ederal appropriated funds 1�ave been paid or wiil be paid to any person For in�laenci��g or atte�npting to influence an af£icer or employee of xny agency, a Member of Congress, a�� off'icer or empioyee of Co€sgress, or an en�ployee of a Niecnber of Congress in con��ection with this Federal contxact, gra��t, loa€�, or con�erative agreement, the ui�dea•signed sha13 complete ae�d s�b�nit standa�•d form -LLL, "Disclasure Form to Repoi�t Lobbying", in accorctance witE� its instruciions. 3. The undersigned sl�al[ 3•enuire that the [anguage of this certification be includcd in the award docaments for all sub-awards at all ticrs (inclading subcontracts, sub-grants, and contracts under grants, loans, and coopea�ative agreements) a��d tl�at all sub-recipiac�ts shall certify and disclose accordingly. This ceitification is material representation of fact on w4�icli re[iance was placcd whcn this h•ansaction was made or enYered into. Suhmission of this certification is a prerequisite for making or enfering into this transaction imposed by 5ection 1352, Tit[e 3t of thc U.S. Code. Any person who fails to �le the E•equired cerlification shall be subject to a civil penalty of not less than $10,000 a��d ��ot more than $100,000 for each sucla 1'aiiure. STA'1'�M�NT FOi2 LOAI� GUARANI'�'�'S A,IYD �,OA,N xNS(i12ANC1�, The undaG•signed states, to the best of its [cnow(edge anci belief, ihat: If any funds have been paid or will be paid to any person fo�• inflaencing or aifempting to infli�enca an o!'[icer or employee of any agency, a Men�ber of Congress, an oifcer pr employee of Con�ress, oe' an emp[oyee of a Iviember of Cpng�•ess in cannec€ion with tt�is commitment Providing for the United States to insnre or guarantee a loan, the undersigned sha[1 comp[etc and subn�it Stand�rd Farm-LLL, "I?isclosure Form to ReporE Labbying," in accordance witl� its ins#ructions. S€�bc�3issioa of this statement is a prerequisite for making or entering info this traasaction in�posed 6y Section 1352, "I'itle 3i, U.S. Code, Aay person who fails to fite the requi�•ed statement sha[I bc subjcct ta a civil penalty of noi less than $i0,000 and not more than $100,000 for each such failure. SUBR�CIPI�N'I': City of Fo��t Worth a poiitical s�ibdivision of the Stafc of'Cexas By; Fernandn Costa Tit1e: Assisfant City Manager Date: Decemuer 30, 2019 �4:36 pm � 1'age 1�4 of 25 TEXAS DEPARTNI�NT OI' I30USING A,NI3 COMM CJNI7"Y AFFATTiS CONTRACT NIJIviBEit 582000031q7 PY 2020 COMPREI-iENSIVE ENER�Y ASSISTAl�CE PROGRAM {CEAP) (CI'DA # 93.568) ADD�NDi3M B C�RTIFICATIQN 121�.GARDING DRUG-I'REE WORICPLACE IZ�QIJ[17,EMENTS Tlzis ceytifrcatro�i is reyxired Uy t{ze f�egtdations intplemenfing the Drug-Tree Workplace Act of 1988: 45 CI%R Pm�t 76, Subpa�•t, I'., Seclio�as 76.630(cJ cr1�d (d)(2) and 76.6�5 (a)(IJ and (b) p�•ovide i17a1 a Fec]ercrl age��c}� may desigt�ale a cerrb•al receipt poini for S7AT�-�Y1DE AND ST,�TE r1GENCY-WIDE cei•t fcations, and for• r�otifccrtran of crimifaaJ df•ug convictioias. Fn1� t17e Departn�er7f of Health and Hinnala Services, il�e cenil•a! point is: Divisior7 of Graials Mcrlaagemel�l and Oversight, Offce of iYlafzage�rrent und Acquisitio�a, Department of Health and Humm� Services, Rovrn 517-D, zD0 Indepe�adei7ce ,4ve�ttre, SW N�ashingtora, DC 20201. The w�dersi�ned certi �es tl�at it wil[ or will continue to provide a divg-free workplace by: (a) Publishis�g a statement «otifying employees that the ue�lawful n�anufaature, distribution, dispensing, possession, or use of a controlled suhstailce €s prohibited in the grantee's workplace and spacifying the actions that will be taken against emplayees fnr violation of such prohibitio��; (b) �stablishing an ongoing d��ug-free awareness program to inform employees about- (1) The dangers of drug abuse in tl�e workplaca; (2) Thc grantee's policy of maiataic�ing a drug-fi•ee warkplace; (3) Any availab(e drug counseliag, rehahi[itation, and a�nplayee assistance programs; and (4) The pena[ties that may be imposed upon emplayees for drug abuse violatians occurri��g in the workp[ace; (c) Making i# a requirement that each emp3oyee to be engaged in the performance af the grant be given a copy of the statame��t requi��ed by paragraph (a); (d) Notifyiitg the amployee in tE�e statemcnt �•equired by paragraph (a) tha€, as a conditian of e��ployme�it unde�• tlie grant, the employee wilt- (I) Abide by the tc��ms offhe statement; and (2} Notify the cmplayer in writing of his or her conviction far a violatio�i of a criminal drug statute occu�•;�ing in tfie workplace uo later tl�an five calendar days a[ier such conviction; (e) Notifyi��g the agency in wE'iting, within 10 cn[endar days after eeceiving ��otice unde�' garag�-aph (d)(2) #'rom an eraployee or othcrwise receiving ach�al notice of such canvict€on. Employers of convicted employees �nust provide nofsce, iE�cluding position title, to every grant officer or otl�er designee on whose grant activity the co��victed emplayee was worki��g, ualess the Federal agency has designated a central point for the receipt of such notices. Nofice shall include the icientification number(s) of each affected grant; (f} Talcing one ot' ihe following actions, within 30 calendar days of recei�ing notice under paragraph (d)(2), witl� respect to any eraPloyee who is so convicted- {1) Ta[cing appropriate persa€�nel action against such an employee, up ta and including terminaEion, consistent with the requiremenls of tha [tet�abilitation Act of 1973, as amendsd; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabililation p3ng��am app3�oved for such purposes by a Federal, State, or [ocal health, law enforcement, or other appropriate agency; {g) Makie3g a good faith efforE to cont9nue to tnaintain a drug-fi•ee workp[ace thrnugh imp[emeF3tation of pa�•agrapE�s (a), (b), (c), (d), (e} a��d (�. Place(s) of' Performa��ce [site(s) fo3• the perfo��mance of work do��e in connaction witk� the specific grant] (include street address, city, cous�ty, sfate, zip code); City of F'ort Worth 2�0 Texas Street Annex, 3rd Floor Fort Worth, TX 761026312 Page 1 S of 25 Wor[cplace identi�cations cnust incfude the achaal address of bu'sldings (or pa�•ts of bui[dings) oz• ather sites where work unde�• the g�•ant takes place. Categorica[ descri�tions rnay E�e used (e,g., all vehicles of a�nass t�-ansit autk�arity or State highway departmeni while in operatian, State entp€oyees in each local unerrEployment ofEice, performers i� conce�� lzal[s ar radia studios}. If Subracipie��t does f�ot i�le��tify the workplaccs at tha time of application, or upo�� awa��d, if there is no a��licatio�, tk�e Subrecipient must [ceep the identity of iE€e workplace(s} on fle in i#s office and €nake tlie info�•mation available for Federa] inspectiau. Faiture to identify all known workplaces constitutes a viotatioa of ihe S�brecipienYs drug-free wo�•kplace requi3•cments. This certifcation is a nlaterial repe•esentatinn of Fact upon wl�ich reliance is placed wheu the Dep�rtment awards tl�e graf�t. If it is later determined that Subrecipient knowingly rendeE�ed a false certi�cation, or otherwise violates the requirenients of the Drug-Free Work�lace Act, Bepa�#me��t, iE� addition to any othee• remedies available ta tE�e Fede��al Goveir�me�it, may iake action authoE�i•r.ed under tlie D��ug-Free Workp[ace Act. SUS�CiPI1+�NT: City af �ark Worth a political sul��iivision of the State of Texas By: Fe3'nando Costa Title: Assistant City Manager Date: Decem6c�• 30, 2�29 4:36 pm Page 16 oi25 TE7CAS D�PAI2TMEIVT OI' HOUSrNG AIVD CQMMUNITY AFFAIRS CONTRACT N€IMBER 5820fl0�3147 I^Y 2020 CQiviPREHENSIV� ENFRGY ASSISTANCE PROGiLAM (CEAP) (CFDA � 93.568} ADDENDUNI C: CERTIFiCA1'ION REGAR➢ING EIVVIROIVM�NTA� T0�3ACCfl SMOK� The undersigned certifies to the following: Public Law I03227, Part C Environmental `I'obacco S;noke, also known as the Pro Ct�ildren Act of t994, requi�•es t€�at smoking not be per�niited in atty pot�€ion of any indoor facility routinely owned or leased or eontracted for hy an entity and used routinely oe regulaz•ly for pravisio❑ of healtE�, d�y ca��e, education, or 1'sbrary services to children under ihe age of 18, if tE�e services are funded by Federal p�•ograms eithcr directly o�• th�-ough State oa� [ocal gavernments, by �'ederal grant, co��t��aet, loan, or loan gua;�antee. "fE�e law does not apply ta cl�ildren's services ��nvided in privafe resideaces, facilities i`unded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol t3�eatmce�t. �ailu��e to comp[y with the provisio:�s of [he law may resu[t in the imposition of a civil monetary penalty of up fo $1000 per day andlor tkte i�3�position of an ad3ninistrati�e coinpliance ordar on the responsihle entiry. By signing and submitting tliis Contract the 3ubrecipienE certifies that it will comply with the reqiEi�•ements oifhe Act. Tl�e applicant/grantee further ag=�ees that it will require the language of this certi�cafio�� be i�acluded i�l any subawarcis which contain p�•ovisio��s £or the children`s services a��cf that alf subgra3atees'shall certify accordingly. S[1BRECIPI�NT: City of Tort Wartl� a political subdivision of the Stafe nf Texxs By: Fcrnandn Costa Tlt3e; Assistant Cify Manager Date: Decembcr 3p, 2019 a:36 pm Page 17 of 25 1'�7�AS D�PARTMENT OI' I30[JSING AIVI? COMIVIUNITY AFFAIi2S CONTRACT NUMB�R 582000D3147 PY 2D20 COMPREHENST'VE EI�RCY ASSiSTANCE PRC3GRAM (CEAP) (CFDA # 93.568) ADD�IYDUVI ➢ CEI2TITICA'FIO1V �E,GARDI�TG DEBARMENT, SUSPENSION AIVD OTHER Ii�SPONSIBILITY MATT�RS The undersigned certifies, to the best of its knowledge and belief, tl�at it and its principals: (a) Are not presently debarred, susPended, prognsed for debaiment, declared ineligible, or voluntarily excludecl by any Fedcral departme��t or agency; (b} Have not within a three-yea3• pariod preceding tk�is proposal been convicted of ar had a eivi] judgment rendered against the;n for co�ninission nf fraud or a ce•iminal offense in cone�ectioe� witt� obtaining, attemp#ing to obtain, or pe�•forn�ing a public (Fede��al, Sta[e or iocat) transaction or conh•act under a pub[ic t�•ansaction; violatioe� of �edeE•al or State antitrust statutes or commission af em�ezzlement, fheft, forgery, bribe�y, falsification or desh•uction of recards, n�aking false s#afements, or receiving s#olen �roperEy; (c) Are not p='esent[y indicted for or oihet'�vise criminally or ci�illy charged by a governmental eatity (Federal, Statc or loca[) with con�mission of any of tt�e offenses enu�nec�a#ed 'sn section (b} af this certification; (d) Have not wi#hin a three-year pesiod preccding this application/propasal had one or �nore public transactions (Fede�•al, State or local) terminaied for cause ar defauit. (c) Will sub�nit to the Department information abaut cach proceeding that occurs duriag this Contrac# Tarm oa• duri��g the recardkee�ing period that: Is in connection with this award; 2. Reached its final dispasition dua•ing the n�ost resent five yea�• pea•iod; and 3. Is ane afthe following: i, A criininal proceeding that resulted in a convicliox€, as defined balow; ii. A civi[ proceeding that resulted in a�nding af fault �nd liabiiity and paymef�€ of a monefary iine, penairy, reimbursement, �•estitution, or damages of $S,OOQ or more; 1ii. An admie�istrative proceeding, as de�ned below, that resulted in a finding of fau[t and liability and your gayment of either a moc�etary fne or penalty of $S,fl00 or more or reimb�rsement, restifution, oe damage in excess of $100,000; or iv. Any otlier criminal, civil, or adcninistrative proceeding if: 1. It could have led to an otttcoma dasc�•ihed in this secfian (e) pa�•agraph (3) items (i} -(iii) of this awarci term and condit€on; 2. It E�1d a different disposition arrived at by consent ar compromise witl� an acknowledgment af fault on your part; and 3. TE�e requirenaent in this awarct term a��c� condition to disclose iuformation about the proceeding does not conflict with applicable laws and rege�lations 4. For �uE�poses of secfion (e) of tF�is certification ttte follnwing definitio��s a��ly: An "administrative pa•oceading" ineans a e�on-j�dicial process that is adjudicatoiy a� aature in orde�• to mafce a determination of fanit or [iahi[ity (e.g., Securities and Excl�ange Commission Adeninistrative procaedir�gs, Civilian Board of Contract Appca[s praceadings, aad Armed Services Boa:�d of Conh•act Appeals p�•oceedings). Tl�is inciudes proceedings at the Federal and State leve[ Uut auly in connection with perfarmance of a Federal contract o�• graat. It does not inc[ude audits, site visits, corrective plans, or inspection of deliverabies. ii. A"co«viction", For purpases of this awa;•cE terrr► and condiEion, means a judgment or conviction of a eri�ninal offense by any caurt of competent jurisd�ct�o�, whether e�tered ugon a vcrdict or a plea, and includes a con�iction entei•ed upon 3 p[ea of nolo contendere. Page 1$ of 25 Where the undersigned Subrecipienc is unable to ce�-tify fo any of fl�e staten�ents i�� this certiiication, such Subrecipient slia[1 attach an eapla��ation of why it caruiot pro�icte said cerli�cation to ihts Con#rac#. TE�e undersigned SubrecipieE3t ficrther ags�ees and carti�es that it will iaclude the balow clause titled "Certi�catio�� itega�•ding Debamient, Suspensioc�, Ineligibility and Vo€ant�ry Exclusio��-SuE�contrac#s/Lower Tier Covec•ed "�'ransaction," witE�out ��odification, in all subcontracts and '€3� all solic�Eations foe• subco«tracts: "C�R'�'I�'ZCATIQIV R�GARDiNG DEBARNiEN'i', SUSP�NSION, IN�LIGIBILITY ANU VOLi1N1'ARY �XCLUSION - SUBCONI'iiAC"�'SI T,OW�R TF�R COV�R�D TRAIYSACTTONS (1) The prospective lower tie3• participant/subcontractor certifes, by submissioe� of tf�is proposal, tE�at neitf�er it nor its principals is presently debarred, si�spended, propased far debarment, declared ineligible, ar vofuntarily excluded froni participation in fhis transactian by any Federal deparhne3rt ar agency, (2) Whec•e tl�e p�•ospective 3ower tier participant/subco��tractor is unahle to ce�rtify to any of the statements in ti�is cei�tifica#�o�, suah prospeciive pa3�ticipant sha[1 aitach an explanaEion to tE�is proposal. LOW�R T1�R PAi2TICiPANTISUBCONTRACFOR: (Sigtaattu•e] P�vnted Name: Title: DC1iC: m This certification is a matez•ial representation of fact upon which reiiance is placed when the De��arime3�t awards the grant. If it is later determined that Subrecipient k��owingly rendercd an er��oneous cartification, in addition to any other E�emedies avaitable to the Fecieral Government, the DepartmeE�t rr�ay terminate this Contract for cause or default. 5T3BRECIPI�iVT: City of Tort Worfl� x politicul sub�iivis'ron of the State �f 7'exas By: Ternan�io Cosfa Title: Assistant City Managee• Date: Decew6er 30, 2DI9 4:3G �m Page 19 of 25 TEXAS DFPAI2TM�NT OP' I3E3USING AND COMMUNITY AFFAIRS COIVTRACT 1VUMl3�;I2 582U0003147 i'Y 2D20 COMi'TtF,HENSIV� ENERGY AS5ISTANCE PROGI2AM (CEAF) (CFllA # 93.568) ADD�NDUM E �'I2WORA R�QUIREM�NTS Ci�y of Fort Woi•th a poiitical subdivision of the State of Texas If an individual is applyi�g for LIHEAP funds, a Subrecipie��t n�ust verify that the individual npplying for LIHEAP funds is a qualified recipient for fiaa�di�ig u�xter flae Persona[ Respoi�sibility a��d Work Opportunity Act of 199G, ("PRWORA") or ("Act"), Pub. L, I04-193, I IO Siat. 2I05, codified at 8 U.S.C. §1601 ei. seq., as amended by tl�e O�nnibus Appropriations Act, 1997,1'ub. L. 104-2D$, There are certain types of assista3�ce that are not subject to fhe Act's rest3•iction on access to public benefits based on i[nntigra#ion status. This ittcludes activities that: (1} de[iver in-kind se�vices at the community levet, (2) are necessary foa• tl�e p3rotection of lifc or safety, and {3} da not condition the provisio:� of assistance on the applicanYs income or resources. 'I'o ensure tha# a non-quaEified app[icant daes nat receive "federal public bencfits," a unit of genei•al purpase governmenl tl�at ac€ministe3•s "federal public E�e�iefit programs" is rec�uiE•ed to dete�•mi�e, and to verify, the individua]'s alienage status befoee gra��ting eligil�ili[y (8 U.S.C. §t642 (a} and (b}). Sub3�ecipient musi use #he SAVE ver€fication system to verify and cioeument c�ualified alie�i eligibi[ity, CE12'1'XFrCATION REGARDIiVG U5E OF TH� SYST�MATIC ALIEN VERiTiCATION T012 �NTITL�M�N'I'S (SA'V�) S'YST�M Subreci�ienY sla�ll: (1) Svsten� Use. (a) �stablisl� ihe ideatity of the app[icants and reGuire each applicant to preseni the applicani's immigration oc• t�aturalizaiion documenia[ian that cot�tains the informatian (e,g„ slien registration numbee') reqaired by the SAV� Prpgrarn; (i�) Physically examine the documentafion presented by the app(icant and defermine whethe�• the documeni(s) reasonably appear(s) to be genuine and to relate to the individual; (c) Provide to the SAVE Pro��-am the information che SAVE 1'rogram requires fo respond to Subrecipient requests far verification of immigration ar naturaEized oe derived cit'szensi�ip status inforrr�ation, including (1) infoz•mation from the applicant's immig=�ation or naturalization docu�nentatio�� far initia[ automated verification, (2) additional information obtaiE�ed fi�on� thc alien's in��aigratian or naturalization documentation for attton�ated additional veri�cation, anct (3) camp[eted Forms G-&45 and other documents and infarmation eequired fo►� manua[ additiona[ veriiication. �ar manual only �crification, ensure that Forins G-845 and other documents xnct i3�fo��;natio�� required for manual verification are provided; (d) Ens��e t(iet, prior to using ihe Ve�•ificatian I€�forc��ation System, alt employees designated by Si�bE�eci�ient to use SAVE on behalf of the SubF•ecipient ("Users") performing verification procedures complete SAVE requie•ed t�•aining including: reading the SAVE P�•ogram Guide, taking tlie latest versio�3 of Web tutorial(s), l�ttp:/lwww.uscis.�nvlsave/what-save/save-webina�•s, �nd raaintaini«g a working knowledge of require�nents contaised thea•ein a€�d in Yhis Conh�act as updated. DocuFnentation of t3�aining must be maintained by the SuUrecipie��t for monitoring review; (e) Ensure that Use;•s are p�•ov€ded with and maintain User lds only while they have a nead to perFarm verifcation proceciures; (€} Ensure all Users performing verification procedures comply with al[ requirements coiitained i�i the SA'V� P��ogram Guide, web-based tutoriat, ihis Contract, and updates ta these requirerr�ents; (g} Ensure that a]l iJsers pea•forming verifcation procedures have contact i��formation for tha SAVE Program and SAVE Monitoring a��d Comptiance. Contacf informatioa can be fo€�nd at httns://www.uscis.�ov/e-�erify/emnioverslmonitorine-and-con�pliance oz•202-443-p104 Page 20 of 25 (h) Ensure alE iJsers parform any additional verification procedures the SAVE Program requires and/or the apglicant requests after the Subrecipient i��iYiatas a req��est for verification; (i} Use nny informatian provided by DI3S-USCIS u��der tl�is Contract solely fo3• the piErpose of determi��ing ti�e eligibility of persons ap��lying fo�• the heneft issued by the Subrecipient a��d limit use of such information i�i accordance with this a��d aIl other provisians of this Conh•act; (j) Coinply with the requiremei�ts of the Federal infarmation Secu�•ity Manageinent Act {F15MA (PL-107-347), Title III, Seciio�a 301) and OMi3 guidance as applicable to electronic starage, traiisport of recards between agencies, and the internal proeessing of recocds received by eitlie�• agency under the terins of this Cont�•act; {k} Safegua�-d sucli info3matian and access �netl�ods to ensure that it is not uscd for any othcr pu��pose than desc�•ibed in tE�is Cantract and protect its confidentia€ity; including ensuring that it is not disclased to a��y uc�authorized person(s) without the grior w�•itten cottsent of DHS-YJSCIS. T�ach a[�plicant seeit�g access to infoe•mation regarding hi�n/tser may do so by submiiting a writte�� signed request to DH3-iTSCIS. Instruct€o3�s for su�mitting request n�ay be fou«d at http:/Iwww.uscis.�ov/USCISIVerifieacionlSAVC/SAVE 1Vative DocumentslFact Sheet HowToCorrectYaurRecorciswith LiSCIS.ndf (subject ta revision and reposting on the SAVE Website and O��line 12esou��ces); {1) Comply with thc Privacy Act, 5 U.S.C. §552a, the Texas Public Inforinat[o�� Act and otEte�• applicable (aws, regulations, and policies, including bu# not limited to all OIv[B and DIIS privacy guidanca, in conducting verification procedures pursuant to tEais Contract, ac�d in safeguarding, �naintaining, aud ct€sclasing any data pE•o�ided or ��eceived pu�•suant to the Contract; (m) Comply with federa[ la�vs proltib[ting discrim€natEp€� agaiast spplicants and discriminatoey use of thc SAVE Program Uased upan the national origin, coiar, race, gender, religio��, or disability of the ap�licant; (n} Provide all baneiit-applicants who a�•c deaied henefits based solely or in part an the SAVE response witE� adequate writfen notice of tk�e denial and the infarmatin�i necessary to contact DHS-USCIS so that such indir�idual may cor�•ec€ thcii• records in a timely man�er, if necessary. A Fact Sheet that includes tl�e pE�ocess by which applicants may contact I� H S - U S C I S i s p o s t e d a t http:llwww. i�scis. �ov/i1SCIS/Veri fication/SA VEISAVE_Native_Do cumentslFact_Sheet_HowToCorrectYourRecardswith, USCIS.pdf, (subject fo revision and reposting on the SAV� Website and Online Resources); (o) Provide a[I benefit-app[icants who are cienied t�anefits t�ased solely or in part on the SAV�: response with tl�e opportuaity Ya use the Subrecipient's existing process to appea[ the denial an�3 tn contact DHS-USCIS to correct their recards prioc� ta a fina[ clecision, if accessary; and (p) itefrain fi•o�n using SAVE, or ass€sting ae�y person or entity, to comply with the employn�ent eligibility verification requiretnents of Section 274A ofthe Tmmigration and Nationality Act, 8 U.S.C. §i324a. (2) MonitoE•in� and Compliance. (a) Allow Depac•tment anct SAVE Monitoring and Complia��ce to Enonitor and review all ��ecords and documents related to tl�e use, abuse, misuse, fraudu[ent usc or imprope�• use of SAVF by tl�e Subrecipient, includi3�g, but not liEnited co original a{�plicant consenY documents required by the Privacy Act, S U.S,C, §552a or otk�er applicab[e autk�ority; (b) Notify ihe Deparhnent's Compliance Division immediate€y whenever there is reason to believe a violatio� of this agreement has occurred; (c) Notify the Deparhnent's Comp[iance Division im�nediately whenever there is reason to believe an infonnafion breach t�as occurred as a resu[t af Use�• o�• Subrecipient actioE� 03� inaccion pursuant to Office of Management and Badget (OMB) NIe��o��andum M-07-t6, "Safeguarding Against and Itasponding to the Breach af Personal[y Ideniifiable ]nfoc��ation;" (d) Allow Department and SAV� Monitoring and Corr�plia�ice fo mon[tor uid e-eview all records a�ad documents relafed to t1�c use, a�use, n�isuse, fi•audalent use or improper use of SAV� E�y any Use�•, including, but not [imited to o3•igina] applicant coc�sent documents required hy tl�e PE•ivacy Act, S U.S.C. §552a ar othar applicabla authari#y; (e) Al[ow Department and SAVE Mani€oring and Compliance to conduct desk audits and/or site visiis ta review Subrecipient's compliance with this Exhibit B and all other SA'VE-related policy, procedures, guidance and law app[icable fo canducting verif'scatian and safeguarding, maintaining, and disc[osi��g any da#a grovided or received pursuant to fhis Co3�fracf; (� Allow De�artment a��d SAVE Monitoring aztd Compliance fo perform audi#s of SuE�recipient's UseE� Ids use and access, SA'VE Training Records, SAVE financia] �-ecords, SAV� hiographica[ information, systen� pro�les and usage pa€terns and other relevanf data; Page 21 of 25 (g) Allow Departinent and SAVr Monitaring and Co�npliance to interview any and all Use�•s and any a��d all coatact perso��s or other persannel within the Subrecipient's organization or relevant coniractors regarding any and all quest€ons oe• problems which may arise in conneclion with the 5ubrecipienYs pai�ticipation in SAVE; {h} Allow Depar�ment and SAVE Monitoring and Compliance to a�onitor system access and usage and to assist SAV� users as necessa:•y to ee3sure co3npliance with tha terms of this Exhibit B and tE�e SAVE Program reAairements by iis authorized agents or designees; and (i) Take corrective measu�•es in a timely manner to address all lawful ��equire�nents and recommendations on eve��y written finding including but E�ot limited to those of the Departa�ent or SAVE Monitoring and Coanpliance regarding waste, fraud, a��d �buse, a�sd discrimination or aity mis�3se of the system, non-compliance wa#h the tcrms, conditine�s and safeg�ards of this Exhibit �3, SAVE Pragrain procedu�•es or other applicab[e law, regulation or policy, (j) Provide Dapai�tinent and SAVE Monitoring and Con�pliance with tl�e current e-mai4, U.S, posta[ service address, �,hysical addE•ess, name and telephoi�e number Users autl�o�•ized representativa for any notifica€ions, quest€ons or pE•oblems that �nay aa•ise in connection witl� i3sers participatio�� in SAVE and with notification of chaages in thc benefit offered 6y the User. (3) Ca•iminal Penalties. (a} DHS-USCIS rese�ves the ��igl�t to use information from TDHCA or 5ubrecipient for any purpose permii#ed hy [aw, including, but noE limated to, ihe prosecutian of vialations of Fede�•al adn�inish•ative or criminal law. (h) The Subrecipient ac[cnowledges tE�at the information it receives from DIiS-USCIS is gova�•ned by the Privacy Act, 5 U.S.C. §552a(i)(1}, and that any person wha obtains tt�is information under false preteE�ses oE• uses it foz• any purpose otl�er than as provided for in tl�is Conh•act cnay be subject to crifninal penalties, (4} Tk�ird Partv L'€abilitv. (a) Each party to this ConEract shall be solely i•esponsible for its own defense agaic�st aa�y claim or action by third pnrties a��ising out of' os• relatecf €o the execution and/or geeformance o£ this Contract, wkiether civi[ or criminal, and retain responsibility for tk�e paytnent of any corresponding liabi[ity. (b) Nott�ing in ihis Conte•act is intended, or shoi�ld be co��sh•ued, to create any right o�• benefit, substa:�tir�e or procedue•al, enforceable at law by any thi�•d pariy against the United Stt�tes, its agca�cies, afficers, or employees, tl�e State of T'exas, its agencies, office�•s, or employees, or the Subrecipient. (5) Pai�ts of Contact Michael De Ynung 17irector of Cosnmunity Affairs Division "1'exas Department of Housing and Community Affairs Community Affairs Divisian P.O.F3ox 1394i Austin,TX 787i1-3941 Phone: (512) 475-2125 En�ail: inichael,de r}_aun��tdhca.state.tx_.us USCIS SAVE Progratn IVIS 2620 U.S. Citizensl�ip a«d im�nigration Services ➢epartme3�t of Homela��d 5ecu��iry Washington, DC 20529-2620 AT�N: SAVE Operations Yhone: ($88) 4G4-4218 Email: savere�isiraEion r d�� i15CIS SAVE Monitoring a«d Campliance ivfS 2640 tJ,S. Citixenship and Immigra#ion Services Beparttnent of tlomeland Sccurity Washington, DC 2�529-2640 Phone; {888)464-4218 Email: save.monitarin� rr,dhs.goy Paga 22 of2S (6) Ce�fi�catian, The undersigned here6y certifies to €l�e Department tliat ail infoE•n�ation he�•ein is true a��d correct ta tlie bast of tE�eir knowledge and belief. Tl�e purposc of this sfateme��t is to certify fhat Cily of T+o��t Wo�•tla (SubE•ecipient): � is �O'1' a private nonprofit charitab[e organization and is an entity created by Sta#e Stafute and af'filiated witEa a state or gove�'nmcnfal entity (such as a housing finance agency, public housing authority, unit of local goveriunent, council of governmenfs, county, etc.) Cet�tification must have tl�e si�;nature fl•oro a repe�esenfative wi#h authority to esecute doeunten#s on the Subrecipient's behalf. � certify that 1 understaE3d tE�at fines and imprisanment up to �ve years are pe��a[ties for knowing[y and wi[lingly n�aking a materially false, fictitio�as, or fraudule�it sfatemerat or entry i« any m�fter under the jurisd'€cfson of the federal gove��ncnent {IS U.S.C. Sea I001). SUBRECIPIEI�'i: Clfj` Of �Oi'f �Ui'iil a political subdivRsion of the Stafe of Texas By: Fern:�ndo Costa 'I'itle: Assistant City Manager Date: DecemUer 3�, 2Di9 4:36 pm Page 23 af 25 '1'�7�CAS DEPARTMEIVT OP' �IOUSING AI�ID COMMUNITY ATI'AIRS CdNTRACTNUMBER 582�OOD3147 FY 2020 COMPit�,HENSIV� EN�ItGY ASSISTANCI� PROGRAM (CEAP) (CFDA dE 93.568) EXHIBIT A BUDG�T Clty af �oz•t Wa��fia a�folitical subdivisinn of the State of Tesas DEPARTiV11�,NT FTNAIVCIAL OSLIGATiONS � 5�638,953.(l� CEAP PUN�S CUItItEIQTLY AVAILASLE $ 1�200.�0 TRA[iV[NG TRAVEL ALLOWANCE F€JNDS CURR�3�TLY AVAILAF3LE 13UDG�T I'OR AVAILABLE ALLOCA"I'1QNS IiL7DGET CATEG�RY I FUNDS � % Admi€�isiration T)irect Services TOTAI_, CEAP BUDGiT � 407, i 32.00 $ 5,230,b2i.00 $ 5,b37,753.00 BUDGET CAT'EGDI2Y TUIVDS % Household Cr€sis $ 2,267,735,00 43.35 Utility Assistance $ 2,2G7,73(A� 43.36 Pt•ogram Services $ 695,f50.00 13.29 TOTAIa lliR�CT S�RVIC�S $ 5,230,62I.00 100.D0 SuUrecipient's se�vice area consists ofthe fol[owing Texas counties: '1'ARRANT Gene:•al Ada�inistrative and coordination of CEAP, including costs and all indirecf (or overhead) cost, examples include salaries, friuge benefits, c�on-training travel, equipment, supp[ies, a€idit and office space a€•a limited to 7.22% of the Co��tract expenditures. Al[ athcr adininistrati�e costs, exclusive of costs for proge•am services, m�st be paid with nonfedcral funds. Program services costs shatl not exceed tlie maximum t3.29%. Pragram services cost incEudes direce administ�•ative cost associated with praviding ihe clieni direct service salaries and benefits cost far staf�' p�nviding prog�•am scrvices, cost for supplies, equipEnent, travel, postage, utilities, rental of of�ce space. Al[ items listed above are allowab[e program services cost wE}en associated with providing client direct services. Otf3er program services costs may include ouh•each activities and expenditures on the information tecE�nology and co3nguterizatiof� needed for tracki�3g or monitori��g required by C�,AP. Page 24 of 25 Deparhnent's prior w3•itten approva[ for �[archase or leasa of equipment witii an acquisifion cost of $5,000 and over is rec�uic•ed. App�•oval of th'ss budget does not co��stitute prior appc•oval for such purchases. Subrecipient is limited to on[y one budget �-evision request dua•ing the fcs•st 6 months of the Conh•act Tea•n�. A second and fie�al b�dget revisian �nust be received by thc Department na later than 45 calendar days prior to the ecad of tt�e Contract Te��ni. 5ubrecipieat shall provide outreach se�vices under all companents in this categoey. Fai[u�•e to do so n�ay �•es�lt in Coniract termination. 5ubrecipient must dooun�ent out�•cach, whether the nuh•each is conducted with CI'AP funds or other funds. Vendor Refunds 5ubrecipient must determine whicli TDHCA co��tE•act the payn�ent(s) were charged to, tE�e clients(s) associa#ed to the payment(s}, a�3d if ihe Contract Term (�as expired. If ihe Co��trac# Term has not expired, 5ubrecipient fnust enter the amaunt inio the Contract System in the appropriate 6ttdget 3ine item info the Adjusttnet�F colutnn irt the moathly repart and inake an appropriate note in the system. This will credit back the vendor refuud(s) for the Subrecigient to expend on e[igib[e expenses d�3��ing the Contract Tcrm, Tf the Co��tracl Terrn lias expired, Suhrecipie��t must return fhe vendo�• refund(s) to €he Depariment. This refu��d must contai�� the contract number, and appropriate budget line item associated to tl�c refund(s). Page 25 of 25 KEC�"�� '� '` �� ppR — � 2�?� c�rr�-<,, C�'� canr s�eR�rA�� cor��acT rao. 534 35 -p� � T�XAS D�PARTM�NT OF HOUSING AND COMMUNITX AFrAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) This Amendment No. 1 to Comprehensive Energy Assistance Program Contr�act Number. 58200003147 by and between the Texas Deparhnent 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"), hereina8er collectively refen•ed to as "Parties", RECITALS WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Program Contract Number 58200003147 (°Contract") on January 01, 2020 and WI�REAS, the Parties desire to amend the Conh�act in the manner provided herein below. AGR��MENTS NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. The following Contract section is hereby amended as follows: 1. Section 4. F. Department Obli�ations, of this Contract is hereby amended to read as follows: "Section 4. F. Deparlment Obli�ations. Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the sum of $6,633,427.00." 2. Exhibit A. Bud�et And Performance Statement, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit A. SECTION 2. 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 Conh•act are in conflict, this Amendment shall govern, unless it would make the Contract void by law. SECTION 3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. S�CTION 4. 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. SECTION 5. If any of the Parties returns a copy by facsimile machine or elech•onic h•ansmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. Page 1 of 4 S�CTION 6. 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. S�CTION 7. This Amendment shall be binding upon the Parties hereto and theu• respective successors and assigns. S�CTION 8. This Amendment shall be effective and memorializes an effective date of Febi•uaiy 27, 2020. WI'INESS OUR HAND EFFECTIVE: February 27, 2020 SUBRECIPIENT: City of I+ort Worth a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: March 26, 2020 7:36 am DEPARTMENT: TEXAS DEPARTMENT OF HOUSING A.ND COMMIINITY AFFAIRS, a public and offcial agency of the State of Texas By: Robert Willcinson Title: Its duly authorized officer or representative Date: March 26, 2020 3:57 pm Page 2 of 4 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT NO. 58200003147; AMENDMENT NO. 1 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: ' %�Assistant City % ATTEST: Mary J. Kayse City Secretary !}r� (��-�-�- M&C: 19-0343 Dated: December 3, 2019 CITY OF FORT WORTH y=: k �, � ' ., �ar �.�yl�� j �� C�r� `� �? ��6 �a�. �,`� \',``r 4. t` ' �.xc.� �. f��=. �' r •�� r�y f�r �h.. �� x� � -- �� : � _�. �� \1. � , • /�f . � ��:,`;� ��:� ... _ By: Fernando Costa (signed electronically-see attached contract) � Title: Assistant City Manager Date: March 26, 2020 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed elech•onically-see attached contract) Title: Its duly authorized officer or representative Date: March 26, 2020 By signing below, I acknowledge that I am the peison responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. t Sonia Singleton, Neighborhood S Director T�XAS DEPARTM�NT OT HOUSING AND COMMUNITY AFTAIRS AMENDMENT NO. 1 TO CONTRACT NUMBER 58200003147 FY 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CFDA # 93.568) EXHIBIT A BUDGET City of Fort Worth, a political subdivision of the State of Texas D�PARTMENT FINANCIAL OBLIGATIONS $ fi,633,427.00 CEAP FUNDS CURRENTLY AVAILABLE $ 2�500.00 TRAINING TRAVEL ALLOWANCE FUNDS CURRENTLY AVAILABLE BUDG�T TOR AVAILABLE ALLOCATIONS BUDGET CATEGORY FUNDS % Administration $ 478,933.00 - Direct Services $ 6,151,994.00 - TOTAL C�AP BUDGET $ 6,630,927.00 - BUDGET CATEGORY FUNDS % Household Crisis $ 2,667,19'7.00 43.36 Utility Assistance $ 2,667,197.00 4336 Program Services $ 817,600.00 13.29 TOTAL DIRECT SERVIC�S $ 6,151,994.00 100.00 Subrecipient's service area consists of the following Texas counties: ��t7,7h`(li General Administrative and coordination of CEAP, including costs and all indirect (or overhead) cost, examples include salaries, fringe benefits, non-training travel, equipment, supplies, audit and office space are limited to 7.22% of the Contract expenditures, excluding Training/Travel costs. All other administrative costs, exclusive of costs for program services, must be paid with nonfederai funds. Page 3 of 4 Program services costs shall not exceed the maximum 13.29%. Program services cost includes direct administrative cost associated with providing the client direct service salaries and benefits cost for staff providing program seivices, cost for suppiies, equipment, h•avel, postage, utilities, rental of offce space. All items listed above are allowable program services cost when associated with providing client direct services. Other program seivices costs may include outreach activities and expenditures on the information technology and computerization needed for tracking or monitoring required by CEAP. Deparhnent's prior written approval for purchase or lease of equipment with an acquisition cost of $5,000 and over is required. Approval of this budget does not constitute prior approval for such purchases. Funds may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or facility. Subrecipient is limited to only one budget revision request during the first 6 months of the Conh•act Term. A second and final budget revision must be received by the Department no later than 45 days prior to the end of the Contract Term. Subrecipient shall provide ouheach services under all components in this category. Failure to do so may result in Contract termination. Subrecipient must document outreach, whether the outreach is conducted with CEAP £unds or other funds. Vendor Refunds Subrecipient rnust determine which TDHCA contract the payment(s) were charged to, the clients(s) associated to the payment(s) and if the contract remains open. If the contract remains open, Subrecipient must enter the amount into the Contract System in the appropriate budget line item into the Adjustment column in the monthly report and make an appropriate note in the system. This will credit back the vendor refund(s) for the Subrecipient to expend on eligible expenses. If the contract is closed, Subrecipient must return the vendor refund(s) to the Department containing the contract number and appropriate budget line item associated to the refund(s). Signature: Email: Page 4 of 4 CSC No. 53435-A3 T�XAS D�PARTM�NT OI' HOUSING AND COMMUNITY AFFAIRS AMSNDMENTNO. 3 TO CONTRACTNUMBER58200003147 FY 2020 COMPREHENSIVE ENBRGY ASSISTANCE PRO(3RAM (CFDA # 93.568) This Amendment No. 3 to Comprehenslve Energy Assistance Program Conhact Number. 58200003147 by and between the Texas Department of Housing and Comn�unity Affalrs, a public end ofiicial agency of the State of Texas ("Aepariment"), and City of Tort Worth, a political aubdivision of the State of Texas ("SubrecIpient"), hereinafter collectively referred to es "PartIes", RECITALS WHEREAS, the Parties respectively, executed that Comprehensive Energy Assistance Progrem Conuect Number 58200003147 ("Conhaot") on ran�R�y oi, 2020 and WfiERBAS, the Parties desIre to emend the Contract in the manner provided herein below. AGREEII�NTS NOW TI�REFORE, for valuable conslderation, the receipt and sufficiency of which are hereby ecknowledged, the Parties agree as follows: S�CZ'ION 1. The following Conhact section is hereby amended as follows: 1. Section 2. Contract Term. of this Cantract is hereby amended to read as follows: The perlod for performance of this Contract, unless earlier terminated is Janunry 01, 2020 through March 31, 2021(heroinafter the "Contract Term"), SECTION 2. All of the remaining terms of the Contraat shall be and remain in full force and ef%ct 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 Contraet are in conflict, this Amendment sball govern, unless it would make the Conhact void by law. SECTION 3. Each capitelized term not expressly defined hereln shall have the meaning given to such term in the Contract. SECTION 4. This Amendment may be executed in several counterpa�ts, each of which shall be deemed to be en original copy, and all of which together shell consHtute one agreement binding on Parties, notwithstanding that all the Parties shall not have signed the ssme counterpart. SECTION 5. If any of the Parties ratums e copy by facsimile mechine or electronic transmisslon, the signing psrty intends the wpy of its authorized signature printed by the receiving machIne or the electronic hansmission to be its orlginal slgnature. SECTION 6. By signing this Amendment, the PartIes expressly understand and agree that its terms shall become a part of the Contract ss if it ware sat forth word for word therein. Page l of 2 S�CTION 7. This Amendment shall be binding upon the Perties hereto and thelr respective successors and essigns. SECTION 8. This Amendment shall be effective and memorlalizes an effective date of November 15, 2020. WITNESS OUR HAND EFFECTIVE: November 15, 2020 SiTBR�CII'IENT: City of Tort Worth a polftical subdlvlslon of the State of Texas By: T'a•nando Costa Title; Assistaat Cfty Mnnager Date: December 15, 2020 3:50 pm DEPARTNI�NT: TE7CAS DEPARTMENT OF HOUSING AND COMMUMTY AFTAIRS, e public and official agency of the State of Texas By: Robert Willdnson Title: , Its duly euthorized officer or representarive Date: Decembe►� 17, 2020 8:03 am Page 2 of 2 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 2020 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) CONTRACT NO. 58200003147; AMENDMENT NO. 3 (CFDA # 93.568) APPROVED AS TO FORM AND LEGALITY: �� Taylor Paris Assistant City Attorney ATTEST: ��' 0 Mary J. Kayser City Secretary M&C: 19-0343 Dated: December 3, 2019 CITY OF FORT WORTH By: Fernando Costa (signed electronically-see attached contract) Title: Assistant City Manager Date: Decembex 15, 2020 TEXA.S DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Robert Wilkinson (signed electronically-see attached contract) Title: Its duly authorized officer or representative Date: December 17, 2020 By signing below, T acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. , /• �.•1 SoniaOSnglet (Jan4,202116:41CST) Sonia Singleton, Assistant Director Neighborhood Services CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas Fo�r �o�� .�� DATE: 12/3/2019 REFERENCE NO.: **M&C 19-0343 LOG NAME: 19NSCEAP2020 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community Affairs in an Amount Up to $7,000,000.00 for the 2020 Comprehensive Energy Assistance Program, a Federally Funded Program Sponsored by the U.S. Department of Health and Human Services Designed to Provide Utility Payment Assistance and Energy Conservation Education for Low to Moderate Income Residents, Authorize Related Contracts, Adopt Appropriation Ordinance, and Waive Indirect Costs (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount up to $7,000,000.00 from the Texas Department of Housing and Community Affairs; 2. Authorize the execution of related contracts, including any amendments, renewals and extensions in accordance with City policies and regulations with the Texas Department of Housing and Community Affairs for the grant funds for the program year beginning on January 1, 2020 and ending on December 31, 2020; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an amount up to $7,000,000.00, subject to receipt of the grant; and 4. Waive indirect costs in the estimated amount of $100,980.00. DISCUSSION: The City of Fort Worth contracts with the Texas Department of Housing and Community Affairs (TDHCA) to provide the Comprehensive Energy Assistance Program (CEAP) through the Community Action Partners (CAP), which is managed by the City's Neighborhood Services Department. The TDHCA has notified the City to use the prior year's grant award and contract amount as a planning figure for the 2020 CEAP. The total 2019 contract amount was $6,526,540.00. CAP staff projects an increase in funding resulting in an estimated grant award in an amount up to $7,000,000.00 for this program in 2020. The additional appropriation takes into account anticipated energy rate increases and the award of subsequent grant amounts due to other grantees being unable to spend their funding. During the past five years, the City has received an average of $5,594,249.00 per year and as much as $6,526,540.00 in one year. The three components of the program are: 1. Household Energy Crisis - weatherization and/or energy related assistance, repair of HVAC systems and/or purchase of window units; 2. Utility Assistance - assistance to all eligible households with priority given to household composition of elderly and/or disabled members or a child under the age of five; and 3. Education - providing information about energy conservation measures. All households at or below 150 percent of the Federal Poverty Income Guidelines will be afforded access to the program. Applicant households will be determined eligible according to income guidelines and program policies. Benefit determinations include household income, household size, energy consumption and/or vulnerability and the availability of funds. CAP staff will accept applications at nine neighborhood CAP facilities and at other identified locations throughout Tarrant County. Payments will be made for eligible clients directly to the utility vendors and heating and cooling system repair companies. TDHCA allows no more than 7.22 percent of the grant award (excluding travel and training) to be budgeted for administrative costs and 13.29 percent for program service costs. The remaining funds will be used for Household Energy Crisis and Utility Assistance for the duration of the contract. From January 2019 to September 2019, CAP served 5,545 households and 13,728 individuals. A waiver by the City of indirect costs will maximize program benefits. CEAP provides for 14 full-time positions with estimated direct salaries of $612,000.00. 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 $100,980.00. No matching funds are required from the City for the CEAP Grant. This program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. Neighborhood 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. Fund 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: Additional Information Contact: Sonia Singleton (5774) Monique Hill (5775) ATTACHMENTS NS CEAP2020 AO.docx