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HomeMy WebLinkAboutResolution - 2020-R0256 - Community Development Funding Agreement 15414, Lutheran Social ServicesResolution No. 2020-RO256 August 11, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Funding Agreement 15414, and all related documents, between the City of Lubbock and the Lutheran Social Services of the South, Inc. (LSSS) for the Comprehensive Energy Assistance Program (CEAP) and Coronavirus Aid, Relief and Economic Security (CARES Act) ("CEAP-CV") to assist low income households affected by COVID-19 in providing immediate utility assistance. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 11, 2020 (-I'- '- '-- DANIEL M. POPE, MAYOR ATTEST: Re e a Garza, City Secretary APPROVED AS TO CONTENT: Karen Murfee, Community Dev )pment Director APPROVED AS TO FORM: Jelli, Assistant City Attorney ccdocs/RES.CM Contract 15414 Lutheran Social Services 2020 CEAP CARES ACT 07.2320 Resolution No. 2020-RO256 COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP-CV) AGREEMENT CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT) BETWEEN CITY OF LUBBOCK AND LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC. This Comprehensive Energy Assistance Program and CARES Act ("CEAP-CV") Agreement (the "Agreement"), Contract No. 15414 is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the "City") and Lutheran Social Services of the South, Inc., a State of Texas non-profit enter (the "Contractor"), (each a "Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is hereby entered into by the Parties on this 1 Ith day of August , 2020 (the "Effective Date"). RECITALS WHEREAS, the City is obligated to do and perform certain services in its administration of the Comprehensive Energy Assistance Program and CARES Act (the "CEAP-CV"); and WHEREAS, the Contractor operates a non-profit center offering services to low-income individuals in Lubbock County, Texas (the "Services"); and WHEREAS, the City finds that the Services benefit citizens of Lubbock County and constitute a valuable public service; and WHEREAS, the City finds that the Services are the predominate purpose of this Agreement; and WHEREAS, the Contractor and the Services have been found to meet the criteria for funding under a request for proposals issued by the City; and WHEREAS, the continuing supervision by the City and State together with statutory and contractual requirements provide sufficient assurance that the public purpose is accomplished and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City finds that the Contractor has the special expertise, knowledge, and experience necessary for the performance of this Agreement and provide Services that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to enter into this Agreement with the Contractor to provide Services to make available assistance for low-income individuals and families with utility (electricity, gas and propane) cost and repair and replacement of existing equipment for heating and cooling, CEAP-CV Program (the "Program"); and NOW, THEREFORE, THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS FOLLOWS: 2020 CEAP-CV Agreement — City of Lubbock & Lutheran Social Services page 1 AGREEMENT Article 1. SCOPE OF SERVICE A. The City's Responsibilities The City agrees to award the Contractor funding from the CEAP-CV in an amount not to exceed nine hundred thousand, three hundred seventy-five dollars ($900,375.00) in return for Contractor performing the Services of the Program (the "Funding"). 1. The City's awarding of the Funding under this Agreement is contingent upon the City's receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate funds are not made available to the City so that it cannot award the Funding, then the City shall notify the Contractor in writing within a reasonable time after such fact is determined, the City shall terminate this Agreement, and the City will not be directly or indirectly liable for failure to award the Funding to the Contractor under this Agreement. 2. The Funding shall be disbursed in the amounts and at the time the funds are disbursed to the City by the State of Texas. The City is not responsible for any amounts not distributed by the State of Texas. Any (the "CEAP-CV") funds applicable to this Agreement shall be disbursed in the amount and at the time such funds are disbursed to the City by the State of Texas. 3. The City shall not be liable to the Contractor for any costs incurred by the Contractor which have been paid to the Contractor, which are subject to be paid to the Contractor, which have been reimbursed to the Contractor, or which are subject to reimbursement to the Contractor by any source other than the City or the Contractor. 4. The City shall not be liable for any costs incurred by the Contractor which are not allowable costs as set forth in this Agreement. 5. The City shall not be liable to the Contractor for any costs incurred by the Contractor or for any performances rendered by the Contractor which are not strictly in accordance with the terms of this Agreement. 6. The City shall not be liable to the Contractor for any costs incurred by the Contractor in the performance of this Agreement which have not been billed to the City by the Contractor within sixty (60) days following the termination of this Agreement. 7. The City shall not be liable for any costs incurred or performances rendered by the Contractor before the commencement or after termination of this Agreement. 8. The Funding will be limited to the following: a. For the sole purpose of the Contractor's Services for the Program; b. For the satisfaction of expenses incurred by the Contractor in its provision of Services for the Program; and 2020 CEAP-CV Agreement -- City of Lubbock & Lutheran Social Services Page 2 For the benefit of lower -income families that reside in Lubbock County, Texas, and whose gross household income does not exceed one hundred and fifty percent (150%) of the most recent Poverty Income Guidelines issued by the U.S. Department of Health and Human Services. B. Contractor's Responsibilities 1. The Contractor shall operate a Comprehensive Energy Assistance Program, ("CEAP"), in accordance with the Economic Opportunity Act of 1964 (Public Law 88-452), the Low - Income Home Energy Assistance Act of 1981 as amended, (42 U.S.C. §8621 et seq.), except for 42 U.S.C.§8626(b)(2)(B), (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended) ("LIHEAP Act"), Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) ("CARES Act"), Chapter 2105 of the Texas Government Code {"State Act"), Chapters 2105 and 2306 of the Texas Government Code ("State Act"), the implementing State regulations under Title 10, Part 1, Chapter 1, Chapter 2 and Subchapters A and C of Chapter 6 of the Texas Administrative Code, as amended or supplemented from time to time (collectively, "State Rules"), the LIHEAP State Plan, 2 CFR Part 200 (as applicable). Contractor's "Service Delivery Plan" in accordance with 10 TAC §6.306, the Department's guidance related to CEAP-CV, all applicable state and federal regulations to the Funding solely for the purpose of the Program as it is performed at Neighborhood House, 1212 13th Street, Suite 102, Lubbock, Texas 79401. 2. The Contractor shall assist "Households" that are "Low -Income" that have been economically impacted by the Coronavirus Disease 2019 pandemic ("COVID-19,") to use home energy assistance to help, prevent, prepare for, or respond to COV ID-19 with priority being given in no particular order to "Elderly Persons", "Persons with Disabilities", Households with a young child 5 years of age or under, Households with "High Energy Burden" and Households with "High Energy Consumption", as said terms are defined in 10 TAC §6.2. 3. The Contractor agrees to carry out the Services contemplated under this Agreement in compliance with all State and Local laws and regulations. 4. The Contractor shall retain in its clients' files only those documents that are required to validate its clients' eligibility for the Program. Such documents may include forms of documentation of disability such as Social Security or a Supplemental Security Income statement. The Contractor shall not include documentation from a medical professional, such as a doctor's letter, in its clients' files. Article 2. TIME OF PERFORMANCE This Agreement shall commence March 27, 2020 and, unless earlier terminated shall end July 30, 2021 (the "Term"), unless extended by written agreement. The funds are received from the Texas Department of Housing and Community Affairs (the "TDHCA", and providing that the Contractor meets its obligations during the Term, subject to the approval of the City Council of the City. 2020 CEAP-CV Agreement - City of Lubbock & Lutheran Social Services Page 3 Article 3. BUDGET The Contractor will use the CEAP-CV funds awarded under this Agreement to administer the Program in the following manner: CEAP-CV Utility Assistance/Household Crisis $780,715 CEAP-CV Pro ram Services Cost $119,660 Total CEAP-CV funds awarded under this Agreement $900,375 Article 4. PAYMENT The City will pay up to nine hundred thousand, three hundred seventy-five dollars ($900,375) to the Contractor based upon the receipt of a request for funds and project expense summary for the Contractor's Services under the Project. The Contractor shall submit to the City invoices for items purchased in the Contractor's performance of the Services under the Project. The City shall determine the reasonableness of each purchase and shall not make a disbursement of any such payment until the City has reviewed and approved each purchase. The City may release up to ten percent (10%) of the funds to be used as start-up funding for the Contractor's Services under the Project. The Contractor will then bill the City monthly for expenses incurred by the Contractor during the prior month of Services performed under the Project. By December 31, 2021, the Contractor will have provided the City with the proper documentation to show how all funds were expended by the Contractor in its performance of Services under the Program, including the start-up costs. Article 5. NOTICES All communication required under this Agreement shall be directed to the following Party representatives: For the City: Karen Murfee City of Lubbock P. O. Box 2000 Lubbock, TX 79457 Article 6. SPECIAL CONDITIONS For the Contractor: Joy Loper Lutheran Social Services of the South, Inc. 1212 13th Street, Suite 102 Lubbock, TX 79401 A. The Contractor will maintain adequate case management files on each client it assists, whether the case management is funded through the Funding or not, and whether the case management is provided by the Contractor or not. B. The Contractor will keep adequate documentation of the design of the Program, the implementation of the Program, and evaluation of Program design. C. The Contractor will keep documentation of its efforts to leverage CEAP-CV funds with other programs to enhance the Services provided to its clients. D. The Contractor will keep documentation of its efforts to cooperate and collaborate with other service providers. 2020 CEAP-CV Agreement - City of Lubbock & Lutheran Social Services Page 4 Article 7. GENERAL CONDITIONS A. General Compliance 1. Contractor agrees to comply with all applicable federal, state, and local laws and regulations governing the Funding provided under this Agreement which were made available under the City's CEAP-CV. 2. The contractor shall administer the Comprehensive Energy Assistance Program for Coronavirus Aid, Relief and Economic Security Act. 3. The Contractor shall administer the LIHEAP Act, the federal rules and regulations promulgated under the LIHEAP Act, the CARES Act, the State Act, Chapter 2105 of the Texas Government Code, the State Rules, LIHEAP State Plan; and, sections 103 & 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Agency of labor regulations (29 CFR, Part 5). B. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Copeland "Anti -Kickback" Act (40 U.S.0 276a-276a-5; 40 USC 327 and 40 USC 26c) and all other applicable Federal, state and local laws and regulations pertaining to the labor standards insofar as those acts apply to the performance of this Agreement. C. Right to Exercise The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. D. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer and employee between the Parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life, medical insurance, and Worker's Compensation insurance as the Contractor is an independent contractor. E. Indemnity and Release 1. The Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and the City's respective officers, employees, elected officials, and agents, from and against any and all losses, damages, claims, or liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner, or form, the activities contemplated hereunder, including, but not limited to, losses, damages, claims, 2020 CEAP-CV Agreement — City of Lubbock & Lutheran Social Services Pagr. 5 or liabilities arising from or related to, in any way, manner, or form, the act or omission of third parties or the negligence or fault of the City, its respective officers, employees, elected officials, or agents. The Contractor further covenants and agrees to defend any suits or administrative proceedings brought against the City or the City's respective officers, employees, elected officials, or agents on account of any such claim, and to pay or discharge the full amount or obligation of any such claim incurred by, accruing to, or imposed on the City, or the City's respective officers, employees, elected officials, or agents, as applicable, resulting from such suits, claims, or administrative proceedings or any matter resulting from the settlement or resolution of said suits, claims, or administrative proceedings. Additionally, the Contractor shall pay to the City, all attorney's fees incurred by the Parties in enforcing the Contractor's indemnity in this section. 2. The City, and its respective officers, employees, elected officials, and agents shall not be liable, and the Contractor hereby releases the City, and its respective officers, employees, elected officials, and agents, for, from, and against any losses, damages, claims, or liabilities to the Contractor, on any theory of legal liability, including, but not limited to the negligence, of any type of degree or fault, of the City, arising from or related to, in any way, manner, or form, the unenforceability or voidance, for any reason, of all or part of this Agreement. 3. The indemnity and release provided herein shall survive the termination or voidance of this Agreement. F. Worker's Compensation The Contractor shall provide Worker's Compensation insurance coverage or other approved coverage for all employees involved in the performance of this Agreement. G. Insurance and Bonding Throughout the Term, the Contractor shall maintain liability insurance in the following minimum amounts: Type of Insurance Minimum Liability Commercial General Liability $1,000,000 Limit Property Damage Liability $100,000 Each Occurrence H. City Recognition The Contractor shall insure the recognition of the role of the City's CEAP-CV in providing funding through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as to a funding source. In addition, the Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments 1. The City or the Contractor may amend this Agreement at any time, provided that such amendment makes specific reference to this Agreement, is executed in writing, signed by a duly -authorized representative of both Parties, and approved by the City. Any such 2020 CEAP-CV Agreement City of Lubbock & Lutheran Social Services Page 6 amendment shall not invalidate this Agreement, and shall neither relieve nor release the City or the Contractor from its obligations under this Agreement. 2. The City may, in its sole discretion, amend this Agreement to conform with federal, state, or local governmental guidelines, policies, and available funding amounts, or for other reasons. If any such amendment results in a change to the Funding, the scope of services, or the activities to be undertaken as part of this Agreement, then such amendment will be incorporated into this Agreement only by written amendment signed by both the City and the Contractor. J. Suspension or Termination 1. Either Party may terminate this Agreement at any time by giving written notice to the other Party of such termination, and by specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Partial termination of any portion of this Agreement may only be undertaken with the prior approval of the City. In the event of any termination of this Agreement for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by the Contractor under this Agreement shall, at the option of City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 2. The City may also suspend or terminate this Agreement, in whole or in part, if the Contractor materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein. In such a circumstance, the City may declare the Contractor ineligible for any further participation in future City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Contractor is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen percent (15%) of the Funding until such time as the Contractor is found to be in compliance by the City or is otherwise adjudicated to be in compliance. The City may also terminate this Agreement in the event of an emergency or disaster, whether an act of God, natural, or manmade, by giving twenty four (24) hour verbal notice to the Contractor. Any expenditure incurred prior to receiving such notice will be reimbursed; however, in no event shall the City pay for any expenses incurred after such notice of termination is given by the City. K. Prevention of Waste, Fraud, and Abuse 1. The Contractor shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this Agreement. The systems and procedures shall address possible waste, fraud, and abuse by the Contractor, its employees, recipients, vendors, and administrating agencies. The Contractor's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by the City. 2020 CEAP-CV Agreement — City of Lubbock & Lutheran Social Services Pap r ? 2. The Contractor shall give the City complete access to all of its records, employees, and agents for the purposes of any investigation of the funded programs. The Contractor shall immediately notify the City of any discovery of waste, fraud, or abuse. The Contractor shall fully cooperate with the City's efforts to detect, investigate, and prevent waste, fraud, and abuse in the Program. 3. The Contractor may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to the City or to any appropriate law enforcement authority, if the report is made in good faith. L. Legal Remedies In any instance where the Contractor violates or breaches this Agreement, the City may apply administrative, contractual, or legal remedies. The City may suspend all activities under this Agreement temporarily pending either corrective action by the Contractor or a decision by the City to terminate this Agreement. M. Legal Authority 1. The Contractor represents that it possesses the practical ability and legal authority to enter into this Agreement, receive and manage funds authorized by this Agreement, and to perform the services the Contractor has obligated itself to perform under this Agreement. 2. The Contractor's signatory hereby warrants that he/she has been authorized by the Contractor to execute this Agreement on behalf of the Contractor and to bind the Contractor to this Agreement. Article 8. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards: The Contractor agrees all funds utilized for allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's Service Area incurred during the Contract Term. Subrecipient may incur costs for activities associated with the closeout of the CEAP-CV and CARES Act contract for a period not to exceed forty-five (45) calendar days from the end of the Contract Term. 2. Cost Principles: The Contractor shall administer the Program allowable costs incurred by during the Contract Term for expenditures and program services costs and direct services expenditures in accordance with 10 TAC §6.308, in the amount(s) specified in the Budget. B. Documentation and Record -Keeping 1. Record Keeping Requirements: The Contractor shall maintain fiscal and programmatic records and supporting documentation for all expenditures made under this Agreement in accordance with the state Uniform Grant Management Standards ("UGMS"), 34 TAC §20.421 in effect on the effective date of this Agreement except as preempted by Cost 2020 CRAP -CV Agreement - City of Lubbock & Lutheran Social Services Page 8 Principles of Subpart E of 2 CFR Part 200 which apply to Subrecipients of Community Services Block Grant funds pursuant to 42 U.S.C. §9916(a)(1)(B). UGMS and Chapter III, Common rule: State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C: Post Award Requirements, 18.42. The contractor agrees to comply with any changes to the UGMS record keeping requirements. For purposes of compliance monitoring, all associated documentation must be readily available, whether stored electronically or hard copy to demonstrate compliance with Subrecipient Performance. For purposes of compliance, all associated documentation must be readily available, whether stored electronically or hard copy to justify compliance with program rules and regulations. 2. Open Records: The Contractor acknowledges that all information collected, assembled, or maintained by the Contractor pertaining to this Agreement is subject to the Texas Public Information Act, Chapter 552 of Texas Government Code and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to the Agreement subject to the Texas Public Information Act. 3. The Contractor shall give the HHS, the U.S. General Accounting Office, the Texas Comptroller, the State Auditor's Office, and the City, or any of their duly authorized representatives, access to and the right to examine and copy, on or off the premises of the Contractor, all records pertaining to this Agreement. Such right to access shall continue as long as the records are retained by the Contractor. The Contractor agrees to maintain such records in an accessible location for the greater of: (a) four (4) years; (b) if notified by the City in writing, the date that the final audit is accepted with all audit issues resolved to the City's satisfaction; (c) if any litigation claim, negotiation, inspection, or other action has started before the expiration of the required retention period records must be retained until completion of the action and resolution of all issues which arise under it; or (d) a date consistent with any other period required by federal or state law or regulation. The Contractor agrees to cooperate with any examination conducted under this Agreement. Upon the termination of this Agreement, all of the Contractor's records shall become property of the City. C. Federal and State Waivers and Alternative Requirements 1. 10 TAC §6.304 does not apply to this Contract because of the alternative expenditure requirements under the CARES Act. 2. The sentence "The first bill payment may cover two separate fuel sources" in 10 TAC §6.309(h)(1)(B) has been waived by the Department from March 27, 2020. D. Retention The Contractor shall retain all record pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, or after the resolution of all State audit findings, whichever occurs later. E. Client Data The Contractor shall maintain client data demonstrating client eligibility for direct services provided. The contractor shall maintain client files at all times. Each client file must contain the following: Client application containing all Department requirements, 2020 CEAP-CV Agreement— City of Lubbock & Lutheran Social Services Page 9 documentation/verification of client income for the thirty (30) days preceding their application for all Household members eighteen (18) years and older, or Declaration of Income Statement (DIS) (if applicable). In order to use the DIS form, each Subrecipient shall develop and implement a written policy and procedure on the use of the form, copy of client's utility bill(s), energy consumption history for previous twelve (12) months (all fuel types) OR Department approved Alternative Billing Method, Documentation of payment (Documentation of payment may be maintained in a separate file, but must be accessible to the Department.), Documentation of benefits determination, Notice of Denial Form (if applicable), Right of appeal and procedures for denial or termination of services (if applicable), Priority rating form; and Case notes sufficient to document that program service activity has occurred. Such information shall be made available to the City for review by the tenth (loth) day of every month. F. CARES Act Funds Contractor shall track, account for, and report on this funding separate from its regular FY 2020 CEAP-CV funding. G. Audits and Inspections All Contractor records with respect to any matters covered by this Agreement shall be made available to City, their designees or the State Government, at any time during normal business hours, as often as City or State deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data, both financial and programmatic. Any deficiencies noted in audit reports must be fully cleared by Contractor within thirty (30) days after receipt by the Contractor. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. H. Operation and Financial Reports 1. Financial Record Reports: The Contractor agrees to submit to the City invoices for the services and approved costs of the Program by the tenth (1 Oth) day of each month. 2. Operation Reports: The Contractor agrees to submit to the City a monthly activity report in accordance with instructions provided by the State. Article 9. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. The Contractor agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 and the regulations issued under the order at 41 CFR Chapter 60. 2. No person shall on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Agreement. 2020 CEAP-CV Agreement — City of Lubbock & Lutheran Social Services Page 10 B. Conduct 1. Prohibit Political Activity and Lobbying. The Contractor hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of this certification be included in the award documents for all subawards at all tiers (including any subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of its governing body upon request, or to any other local or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment" d. No funds provided under this Agreement may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Contractor, the State of Texas, or the government of the United States; and e. None of the funds provided under this Agreement shall be paid to any official or employee who violates any of the provisions of this section. 2. Conflict of Interest and Nepotism. a. The Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The 2020 CEAP-CV Agreement — City of Lubbock & Lutheran Social Services Page I Contractor further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed by the Contactor. b. No person: (1) Who is an employee, agent, consultant, officer, or official of the Contractor, and who exercises or has exercised any functions or responsibilities with respect to assisted contract activities; or, (2) Who is in a position to participate in a decision making process or gains inside information with regard to such activities, may obtain a personal or financial interest or benefit, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have familiar or business ties, during their tenure. c. The Contractor's employees, officers, and agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. C. Air & Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq., Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. D. Chapter 2270, Subtitle F, Title 10, Texas Government Code The Contractor warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE EFFECTIVE DATE [Signature Page to Follow] 2020 CEAP-CV Agreement - City of Lubbock & Lutheran Social Services Page 12 SIGNATURES THE CITY OF LUBBOCK: DANIEL M. POPE, M YOR ATTEST: Reb c "arza, City Secr t) APPROVED AS TO CONTENT: Karen Murfee, Community Nevelopment Director APPROVED AS TO FORM: Ke ' Leisure, Assistant City Attorney LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC. Michael Lao, CEO (Signature) Mdnal-a Michael Loo, CEO (Printed) FED.I.D.# 74- 1109745 2020 CEAP-CV Agreement — City of Lubbock & Lutheran Social Services Page 13