HomeMy WebLinkAboutContract 56348 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CSC No. 56348
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
Awarding Federal Agency: United States Department of Energy
TDHCA Federal Award Number: DE-EE-7952
Award Year(Year of Award from DOE to TDHCA): 2021
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2021 Department of Energy ("DOE") Weatherization Assistance Program Contract ("Contract") is made by and
between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas
("Department")and City of Fort Worth,a political subdivision of the State of Texas("Subrecipient").
SECTION 2. CONTRACT TERM
This Contract shall commence on July 01, 2021, and, unless earlier terminated, shall end on June 30, 2022 ("Contract
Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance with the provisions of
Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.) ("WAP
Act"), the Department of Energy Act as amended (42 U.S.C. §8621 et seq.) ("DOE Act"), the U.S. Department of
Energy ("DOE") implementing regulations codified in 10 CFR Parts 440 and 600("WAP Regulations"), any
applicable Office of Management and Budget ("OMB") Circulars, Chapters 2105 and 2306 of the Texas Government
Code, the Texas DOE State Plan including the Department's Weatherization Health and Safety Plan, as revised from
time to time, currently posted on the Department' s w c b s i t c at
https://www.tdhca.state.tx.us/community-affairs/wap/docs/19-Draft-DOE-PIan.pdf Uniform Grant Management
Standards, 34 TAC §20.421 et seq. (herein "UGMS"), and the implementing State regulations at Title 10, Part I,
Chapters 1 and 2 of the Texas Administrative Code and Title 10, Part I, Chapter 6, Subchapters A and D of the Texas
Administrative Code, as amended or supplemented from time to time (collectively, "WAP State Rules"). The work
will be completed in accordance with the International Energy Conservation Code and the minimum requirements
set in the State of Texas adopted International Residential Code or in jurisdictions authorized by State law to adopt
later editions. If additional funds are added to this Contract, the version of UGMS in effect on July 1, 2021, will
remain the state grant management standard.
B. Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization
Assistance Program ("WAP") in the counties and in accordance with the terms of this Contract; the "Budget and
Performance Statement" attached hereto as Exhibit A; the Documentation of Disability requirements attached
hereto as Exhibit B; Materials and Work Standards attached hereto as Exhibit C; the Certifications attached hereto
as Addendums A. B and C; the Personal Responsibility and Work Opportunity Act of 1996("PRWORA")
Requirements attached hereto as Addendum D; the assurances, certifications, and all other statements made by
Subrecipient in its application funding under this Contract; and with all other terms, provisions, and requirements
herein set forth. All such exhibits and certifications are incorporated herein for all relevant purposes. Subrecipient
shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings
of low-income persons.WAP services can be provided to owner occupied units as well as rental units.
C. Priority will be given, in no particular order, to (1) Households with Elderly Persons as defined in WAP State Rules,
(2) Persons with Disabilities as defined in Section 6.2 of the WAP State Rules, (3) Households with a Child that is
age five (5) or younger, (4) Households with a high energy burden and/or (5) Households with high energy
consumption.Before commencing any weatherization work,Subrecipient is required to complete energy audits.
OFFICIAL RECORD
CITY SECRETARY
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D. Subrecipient is responsible for providing services as required by the Department of Energy ("DOE") Standard
Work Specifications ("SWS"). The SWS requirements for single family homes, manufactured and multifamily
housing can be accessed at https://sws.nrel.gov/. Failure to follow the specifications may cause payment to a
subcontractor may be withheld.
E. Subrecipient shall refund to Department any sum of money which has been paid to Subrecipient by Department,
which Department determines has resulted in an overpayment, or has not been spent in accordance with the terms
of this Contract. Subrecipient shall make such refund no later than the date specified in the notice that repayment is
required,but if no date is specified,within fifteen(15)calendar days.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse
Subrecipient for the actual allowable costs incurred by Subrecipient in an amount up to $339,092.00 as specified
in the"Budget and Performance Statement,"attached hereto as Exhibit A and the terms of this Contract.
B. Department's obligations under this Contract are contingent upon the actual receipt and availability by Department
of adequate 2021 DOE WAP federal funds. If sufficient funds are not available to make payments under this
Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact is determined.
Department may then terminate this Contract and will not be liable for the failure to make any payment to
Subrecipient under this Contract. Department acknowledges that it has received obligations from those sources
which,if paid,will be sufficient to pay the allowable costs incurred by Subrecipient under this Contract.
C. Per Section 6.405 of the WAP State Rules, the Department reserves the right to deobligate funds under this
Contract. Any decision to obligate additional funds or deobligate funds shall be made in writing by Department in
its sole but reasonable discretion based upon the status of funding under grants to Department and Contractor's
overall compliance with the terms of this Contract.
D. Department is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in Section 440.22 of the
WAP Regulations;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, or
local program within twelve months from the date weatherization of the dwelling unit is scheduled to be
completed;
(3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided for in
Section 440.18(e)(2)of the WAP Regulations;
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 8 of
this Contract;
(5) is not incurred during the Contract Term;
(6) is not reported to Department on a monthly expenditure or performance report, within forty-five (45) calendar
days following the end of the Contract Term;
(7) is subject to reimbursement by a source other than Department;
(8) is made in violation of any provision of this Contract or any provision of federal or state law or regulation,
including,but not limited to,those enumerated in this Contract;or
(9) are services that do not meet the standard set forth in https://sws.nrel.gov/.
E. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for eligible
costs incurred or performances rendered for activities specified in the WAP Act and Section 8 of this Contract.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of WAP funds under this Contract. As per the UGMS,
Subrecipient's request for advances shall be limited to the amount needed and be timed to be in accordance with
actual immediate cash requirements of the Subrecipient in carrying out the purpose of this Contract.
B. The timing and amount of cash advances shall be as close as administratively feasible, not to exceed a thirty (30)
calendar day projection of the actual disbursements by the Subrecipient to direct program costs and the
proportionate share of any allowable indirect costs.
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C. Subsection 4(A) of this Contract notwithstanding, the Department reserves the right to use a modified cost
reimbursement method of payment for all funds, whereby reimbursement of costs incurred by a Subrecipient is made
only after the Department has reviewed and approved backup documentation provided by the Subrecipient to
support such costs for all funds if (1) Department determines that Subrecipient has maintained excess cash
balances; (2) Department identifies any deficiency in the cash controls or financial management system maintained
by Subrecipient; (3) Department identifies any deficiency in the quality of weatherization work performed by
Subrecipient; (4) Department determines that a modified cost reimbursement method would benefit the program; (5)
Department's funding sources require the use of a modified cost reimbursement method; or (6) Subrecipient fails to
comply with any of the reporting requirements of Section 10 of this Contract.
D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible dwelling
units of the weatherization assistance program and for the payment of the allowable expenditures identified in
Section 8 of this Contract.
E. Department may offset or withhold any amounts otherwise owed to Subrecipient under this Contract against any
amount owed by Subrecipient to Department arising under this Contract.
SECTION 6. ADMINISTRATIVE REQUIREMENTS,COST PRINCIPLES AND AUDIT REQUIREMENTS
A. Uniform cost principles for political subdivisions are set forth in 2 CFR Part 200. Except as expressly modified by law
or the terms of this Contract, Subrecipient shall also comply with the cost principles and uniform administrative
requirements set forth in the UGMS. All references therein to "local government" shall be construed to mean
Subrecipient.
B. 2 CFR Part 200, Subpart F, sets forth audit standards for governmental organizations expending Federal funds. The
expenditure threshold of federal or state funds requiring an audit is$750,000.
C. The Subrecipient shall include language in any subcontract that provides the Department the ability to directly
review, monitor, and/or audit the operational and financial performance and/or records of work performed under this
Contract.
D. Department reserves the right to conduct additional audits of the funds received and performances rendered under
this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's
records and to obtain any documents,materials,or information necessary to facilitate such audit.
E. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an "Audit
Certification Form" (available from the Department) within sixty (60) calendar days after the Subrecipient's fiscal
year end.
F. The Subrecipient must review and comply with the changes noted in the Weatherization Memorandum 075:
Weatherization Assistance Program Reauthorization Impacts for State Plan Submission, issued on January 8, 2021.
It can be found here:https://www.energy.gov/node/4720894.
SECTION 7. TERMINATION AND SUSPENSION
A. TERMINATION. Pursuant to Sections 2.202 of the WAP State Rules, Department may terminate this Contract, in
whole or in part, at any time Department determines that there is cause for termination. Cause for termination
includes, but is not limited to, Subrecipient's failure to comply with any term of this Contract or reasonable belief
that Subrecipient cannot or will not comply with the requirements of the Contract.
B. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority to withhold payment
and immediately suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal
mismanagement, health and safety concerns, or other deficiencies in Subrecipient's performance. Suspension shall
be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate
this Contract.
C. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or during
suspension of this Contract.
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D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of termination or
suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of
this Contract by Subrecipient. Department may withhold any payment due to Subrecipient until such time as the
exact amount of damages due to Department is agreed upon or is otherwise determined in writing between parties.
E. GENERAL. Subrecipienfs failure to expend the funds provided under this Contract in a timely manner may result in
either the termination of this Contract or Subrecipienfs ineligibility to receive additional funding under WAP, or a
reduction in the original allocation of funds to Subrecipient.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in
accordance with the provisions of Sections 5 and 6 of this Contract and the regulations set forth in Section 440.18
of the WAP Regulations,subject to the limitations and exceptions set forth in this Section S.
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase of
weatherization materials. All weatherization measures installed must have an approved State of Texas Energy Audit
savings-to-investment ratio ("SIR") of one or greater unless otherwise indicated as health and safety or incidental
repair items. Weatherization measures installed shall begin with those having the greatest SIR (on approved State of
Texas Energy Audit) and proceed in descending order to the measures with the smallest SIR or until the maximum
allowable per unit expenditures are achieved. Subrecipient shall weatherize eligible dwelling units using only
weatherization materials which meet or exceed the standards prescribed by DOE in Appendix A of Part 440 of the
WAP Regulations, State of Texas adopted International Residential Code ("IRC") or jurisdictions authorized by
State law to adopt later editions.
C. Allowable WAP expenditures under this Contract include:
(1) purchase and delivery of weatherization materials as defined in Section 440.3 of the WAP Regulations, but not
to include storm doors;
(2) weatherization materials and labor for allowable weatherization measures (air and duct infiltration, window and
doors, insulation, HVAC and base load reduction measures) if such will result in improved energy efficiency as
demonstrated by SIR of one or better in the approved State of Texas Energy Audit and, whenever available,
heating and cooling systems must have an Energy Star rating;
(3) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to
the site of weatherization work;
(4) maintenance,operation,and insurance of vehicles used to transport weatherization materials;
(5) maintenance of tools and equipment;
(6) purchase of tools,equipment,and vehicles(purchase of vehicles must be approved in advance by DOE);
(7) employment of on-site supervisory personnel;
(8) storage of weatherization materials,tools,and equipment;
(9) incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs are
necessary for the effective performance or preservation of weatherization measures (If incidental repairs are
necessary to make the installation of the weatherization measures effective, the cost of incidental repair
measures charged to WAP funds awarded under this Contract shall not exceed the cost of weatherization
measures charged to WAP funds and shall have a whole house SIR of one (1) or greater on the approved State
of Texas Energy Audit.);and
(10) allowable health and safety measures.
D. Health and Safety funds not expended may be moved to the labor, materials, and program support category. These
changes will require a contract action; therefore, Subrecipient must provide written notification to the Department at
least forty-five(45)calendar days prior to the end of the Contract Term before these funds can be moved.
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E. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in the "Budget and Performance Statement" attached
hereto as Exhibit A. Allowable administrative costs may include reasonable costs associated with Subrecipient's
administrative personnel, travel office space, equipment, and supplies which are necessary for the administration of
WAP. Administrative costs are earned based upon the allowable percentage of total allowable expenditures,
excluding the allowance for Department/DOE Training Travel or special equipment purchases. Subrecipient may use
any or all of the funds allowed for administrative purposes under this Contract for the purchase and delivery of
weatherization materials. These changes will require a contract action; therefore, Subrecipient must provide written
notification to the Department at least forty-five (45) calendar days prior to the end of the Contract Term before
these funds can be moved.
F. The cost of liability insurance charged to the weatherization program for personal injury and for property damage,
shall not exceed Two Thousand and No/100 Dollars($2,000.00)and shall be an allowable WAP expenditure under
the"Budget and Performance Statement"attached hereto as Exhibit A.
G. Fiscal audit expenses charged to the weatherization program shall not exceed Eight Hundred and/No Dollars
($800.00) and shall be allowed under the "Budget and Performance Statement" attached hereto as Exhibit A, subject
to Section 14 of this Contract,Procurement Standards.
H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units
under the direction of qualified supervisors.
SECTION 9. RECORD KEEPING REQUIREMENTS
A. General. Subrecipient shall comply with the record keeping requirements set forth at Section 440.24 of the WAP
Regulations and Section 1.409 of the WAP State Rules and with such additional record keeping requirements as
specified herein by Department.
B. FILE DOCUMENTATION. For each dwelling unit weatherized with funds received from WAP under this Contract,
Subrecipient shall maintain a file containing the following information, including the following Department forms
found in the Community Affairs Division section of the Department's website at
http://www.tdhca.state.tx.us/community-affairs/wap/guidance.htm#forms:
(1) Signed and completed Application for Weatherization Services indicating the ages of the residents, presence in
the Household of a Child/children age five (5) or younger, Elderly Persons (60 years or older), as defined in the
WAP State Rules, and Persons with Disabilities as defined in the WAP State Rules. Date of Application for
Weatherization Services and associated documents must be within 12 months of the start date indicated on the
building weatherization report(`BWR");
(2) Twelve month consumer billing history for utilities;
(3) Consumption disclosure release form(for access to consumption data for use in surveys and studies);
(4) Eligibility and Eligibility documentation:
a. Subrecipient should follow 10 TAC§6.4 for income determination.
b. Subrecipient shall document/verify client income for the thirty (30) calendar days preceding their
application for all household members eighteen (18) years and older, or use a Declaration of Income
Statement ("DIS") (if applicable). In order to use the DIS form, each Subrecipient shall develop and
implement a written policy and procedure on the use of the form, including policies requiring a client
statement of efforts to obtain documentation of income with a notarized client signature. Proof of income
documentation requirements are the same for both single and multifamily housing, unless the building is
identified by the U.S. Department of Housing and Urban Development ("HUD") and verified by DOE, that
the building meets certain income eligibility and may meet other WAP requirements without the need for
further evaluation or verification. Subrecipient must obtain written permission from the Department if
weatherizing a large multifamily building with twenty-five (25) or more units in accordance with 10 TAC
§6.414.
C. Subrecipient must follow 10 TAC §6.406(e)(1) and (2) regarding Household Status Verification as directed
on the Department website at https://www.tdhca.state.tx.us/community-affairs/save.htm Household
Status verification is not required if weatherizing public facilities or multi-unit buildings.
d. No dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling
unit as defined in Section 440.22 of the WAP Regulations;
(5) BWR to include Quality Control Inspector - Final Inspection Certification Form and Justification for Omission
of Priorities if applicable;
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(6) Invoices of materials purchased and/or inventory removal sheets;
(7) Invoices of labor;
(8) If a rental unit, Landlord Agreement form, Landlord Financial Participation form and Landlord Permission to
Perform Assessment & Inspections for Rental Units" form and all other landlord forms found in the Community
Affairs Division section of the Department ' s web site at
https://www.tdhca.state.tx.us/community-affairs/wap/docs/10-WAPLandlord.pdf;
(9) "Notice of Denial and Appeal Rights,"if applicable;
(10) Signed and dated "Building Assessment" form that contains complete Energy Audit Data, to include at a
minimum,existing efficiencies of all heating and cooling appliances;
(11) "Attic/Wall Inspection"form(local design allowed);
(12)Documentation of pre weatherization carbon monoxide readings for all combustible appliances;
(13)Documentation of post weatherization carbon monoxide readings for all combustible appliances;
(14) "Blower Door and Duct Blower Performance Standards and Data Sheet";
(15)Refrigerator metering information;
(16) Signed client"Refrigerator Replacement Form"(if applicable);
(17) Completed,signed and dated"Priority List"form(if applicable);
(18)A complete copy of the approved State of Texas Energy Audit;
(19)A complete"Energy Audit Data Collection Form"(local design allowed);
(20)A complete electronic copy of the approved State of Texas Energy Audit;
(21) Signed client receipt of the"Unified Weatherization Elements Notification Form"that includes Lead Hazard
information,identification of Mold Like Substance,and State Historical Preservation information;
(22) Signed client receipt of "Mold-Like Substance Notification and Release Form for Texas Weatherization
Programs",if applicable;
(23)Work Order;and
(24)A completed and signed QCI Final Inspection Certification Form 27)Pre/Post-ASHRAE Printout(RedCalc).
C. MULTIFAMILY MASTER FILE. For each multi-family project weatherized with funds received from WAP under
this Contract,Subrecipient shall maintain a master file containing the following information:
(1) "Multifamily Project Building Data Checklist";
(2) "Multifamily Project Completion Checklist"(by a multifamily Quality Control Inspector);
(3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units';
(4) "Landlord Agreement"form;
(5) "Landlord Financial Participation Form';and
(6) Significant Data Required in all Multifamily Projects.
D. MATERIAL STANDARDS. Materials standards documentation for weatherization materials purchased under
this Contract must be maintained. These standards must meet the requirements according to Appendix A of Part
440 of the WAP Regulations.
E. ACCESS TO RECORDS. Subrecipient shall give the federal and state funding agencies, the Comptroller General of
the United States, and Department access to and the right to reproduce all records pertaining to this Contract. All
such records shall be maintained for at least three years after final payment has been made and all other pending
matters are closed and in accordance with Sections 600.153 and 600.642 of the WAP Regulations. Subrecipient shall
include the requirements of this Subsection E in all subcontracts
F. Open Records. All WAP records maintained by Subrecipient, except records made confidential by law, shall be
available for inspection by the public during Subrecipient's normal business hours to the extent required by the
Texas Public Information Act(Chapter 552 of the Texas Government Code).
G. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full household assessment addressing all possible
allowable weatherization measures.
H. Record Retention. All records pertinent to this Contract shall be retained by Subrecipient for a period of three
(3) years except if any litigation, claim, negotiation, audit, monitoring, inspection or other action has started before
the expiration of the required record retention period, records must be retained until completion of the action and
resolution of all issues which arise from it,or until the end of the required period,whichever is later.
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SECTION 10. REPORTING REQUIREMENTS
A. PERFORMANCE AND EXPENDITURE REPORT. By the 15th of each month, Subrecipient shall electronically
submit to Department a performance report listing demographic information on all units completed in the previous
month and an expenditure report listing all expenditures of funds under this Contract during the previous month.
These reports are due even if Subrecipient has no new activity to report during the month.
B. FINAL REPORTS. Subrecipient shall electronically submit to Department no later than forty-five (45) calendar days
after the end of the Contract Term a final expenditure and programmatic report. The failure of Subrecipient to
provide a full accounting of all funds expended under this Contract may result in the termination of this Contract
and ineligibility to receive additional funds or additional contracts. If Subrecipient fails to submit a final
expenditure/performance report within forty-five (45) calendar days of the end of the Contract Term, Department will
use the last report submitted by Subrecipient as the final report.
C. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than forty-five
(45) calendar days after the end of the Contract Term an inventory of all vehicles, tools, and equipment with a unit
acquisition cost of $5,000.00 or more and/or a useful life of more than one year, if purchased in whole or in part with
funds received under this or previous weatherization assistance program contracts. The inventory shall reflect the
vehicles,tools,and equipment on hand as of the last day of the Contract Term.
D. UNIT DATA. Subrecipient shall update the Previously Weatherized Units database no later than fifteen (15)
calendar days after the end of each month of the Contract Term for units weatherized under this Contract.
E. OTHER REPORTS. Subrecipient shall submit other reports, data, and information on the performance of this
Contract as may be required by DOE pursuant to Section 440.25 of the WAP Regulations, by the U.S. Department of
Health and Human Services, or by Department, or by contractors or agents under the direction of such government
entities,or by auditors working with such government entities.
F. DEFAULT. If Subrecipient fails to submit within forty-five (45) calendar days of its due date, any report or
response required by this Contract, including responses to monitoring reports, Department may, in its sole
discretion, withhold or suspend any or all payments otherwise due or requested by Subrecipient hereunder, and/or
initiate proceedings to terminate this Contract.
G. ENTITY IDENTIFIER NUMBER Subrecipient shall provide the Department with a Data Universal Numbering
System ("DUNS") number and a Central Contractor Registration ("CCR") System number to be used as the Unique
Entity Identifier Number on all contracts and agreements. The DUNS number must be provided in a document from
Dun and Bradstreet and the current CCR number must be submitted from a document retrieved from the website at
https://www.sam.gov website. These documents must be provided to the Department prior to the processing first
payment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number for the entire
Contract Term.
SECTION 11. CHANGES AND AMENDMENTS
A Amendments and Changes Required by Law. Any change, addition or deletion to the terms of this Contract
required by a change in federal or state law or regulation is automatically incorporated herein and is effective on the
date designated by such law or regulation without the requirement of a written amendment hereto. Said changes,
additions,or deletions referenced under this Section 11 may be further evidenced in a written amendment.
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the
terms of this Contract shall be in writing and executed by both parties to this Contract.
C. Facsimile Signatures. If any Party returns an executed copy by facsimile machine or electronic transmission, the
signing party intends the copy of its authorized signature printed by the receiving machine or the electronic
transmission,to be its original signature.
D. REQUEST. Written requests for Contract amendment must be received by the Department in accordance with the
requirements in accordance with Section 6.3 of the WAP State Rules.
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SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or in part with funds
provided under this Contract in accordance with in accordance 2 CFR §200.80 and 10 CFR §600.124. Unexpended
Program income must be returned to the Department at the end of the Contract Term. Program income that is received
after the end of the Contract Term must be returned to the Department within ten(10)calendar days.
SECTION 13. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 14. PROCUREMENT STANDARDS
A. Subrecipient shall comply with 2 CFR Part 200,UGMS, 10 CFR§600.236(b-i)and 10 TAC§1.404.
B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or
services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless
Subrecipient has received the prior written approval of Department for such purchase.
C. All vehicle purchases must have the prior written approval from the Department and DOE.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to evaluation
of the household under 10 TAC §1.410, §6.4, and §6.406, expenditure and performance reporting, and drawing funds
through the Community Affairs Contract System. Subrecipient may subcontract for the delivery of weatherization
activities without obtaining Department's prior approval. Any subcontract for the delivery of weatherization
activities will be subject to monitoring by the Department as per Section 19 of this Contract. Subrecipient shall
inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and
workmanlike manner. Subrecipient shall make no payment to subcontractor until all work is complete and has
passed a final inspection.
B. In no event shall any provision of this Section 15, specifically the requirement that Subrecipient obtain
Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the responsibility
for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the
terms of this Contract, as if such performances rendered were rendered by Subrecipient. Department's approval
hereunder does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance
hereunder. Department maintains the right to monitor and require Subrecipient's full compliance with the terms of
this Contract. Department's approval hereunder does not waive any right of action which may exist or which may
subsequently accrue to Department under this Contract.
C. Every initial assessment, every approved State of Texas Energy Audit, and every final inspection is the sole
responsibility of the Subrecipient. Subrecipient may request in writing that the Department permit the Subrecipient
to subcontract the performance of assessments, audits and final inspections. The Department will review each
request separately to determine whether the request will be granted.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000 or more
and/or a useful life of more than one year, if purchased in whole or in part with funds received under this or
previous weatherization assistance program Contracts, are not assets of either the Subrecipient or the Department
but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatherization
Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one year and an
acquisition cost of $5,000 or more per unit must receive prior approval from the Department before the purchase is
made.
B. Subrecipient shall develop and implement a property management system, which conforms to the uniform
administrative requirements referenced in Section 6 of this Contract. Subrecipient shall not use, transfer, or dispose
of any property acquired in whole or in part with funds provided under this or a previous weatherization assistance
program contract except in accordance with its own property management system.
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C. Upon termination or non-renewal of this Contract, the Department may transfer the title of equipment to a third
party named by the Department.Such a transfer shall be subject to the following standards:
(1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in
writing.
(2) The Department will issue disposition instructions after receipt of final inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder
and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of $5,000 or
more.
E. In addition to the inventory of vehicles, tools, and equipment required under Section 16 of this Contract,
Subrecipient shall take a physical inventory of all WAP materials and shall reconcile the results with its property
records at least once every year. Any differences between quantities determined by the inventory and those shown
in the property records shall be investigated by Subrecipient to determine the cause of the difference.
SECTION 17. BONDING AND INSURANCE REQUIREMENTS
A. If Subrecipient will enter in to a contract for weatherization activities with a third-party in the amount of $25,000 of
greater, Subrecipient must execute with the contractor a payment bond in the full amount of the contract. If the
Subrecipient enters into a contract with a prime contractor in excess of $100,000, a performance bond in the full
amount of the contract is also required. These bonds must be executed by a corporate surety authorized to do
business in Texas, a list of which may be obtained from the State Insurance Department. Such assurances of
completion will run to the Department as obligee and must be documented prior to the start of weatherization
activities.
B. Subrecipient is basically a self-funded entity in accordance with Chapter 2259 of the Texas Government Code
subject to statutory tort laws and, as such, generally, it does not maintain a commercial general liability insurance
and/or auto liability policy.
C. Subrecipient should review existing policies to determine if lead contamination is covered. If it is not, Subrecipient
should consider securing adequate lead coverage for all construction projects. Additional liability insurance costs
may be paid from administrative funds subject to the limitations set forth in Sections W)and 8(G)of this Contract.
D. Subrecipient should consider securing adequate coverage for all units to be weatherized. Additional liability
insurance costs may be paid from administrative or program support categories. The Department strongly
recommends the Subrecipient require their contractors to carry pollution occurrence insurance to avoid being liable
for any mistakes the contractors may make. Each Subrecipient should get a legal opinion regarding the best course
to take for implementing the pollution occurrence insurance coverage.
E. Subrecipient must also require all contracting independent subcontractors to have general liability insurance. If
pollution occurrence insurance is elected by the Subrecipient, this insurance coverage must apply for its
independent subcontractors or the independent subcontractors must obtain the coverage.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative
agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder.
Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 19. TECIINICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract.
Installation of weatherization materials shall be in accordance with the Standard Work Specifications("SWS").
Page 9 of 30
B. Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance
with the terms of this Contract. Department's monitoring may include a review of the efficiency, economy, and
efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted
during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting the
deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's
accounting, personnel, procurement, and management procedures and systems in order to comply with State or
Federal requirements. Department may conduct follow-up visits to review the previously noted deficiencies and to
assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs.
Department may terminate or suspend this Contract or invoke other remedies Department determines to be
appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails
to correct any deficiency within a reasonable period of time, as determined by the Department. Department or its
designee may conduct an ongoing program evaluation throughout the Contract Term.
SECTION 20. LEGAL AUTHORITY
A. Legal Authority. Subrecipient assures and guarantees that it possesses the legal authority to enter into this
Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has
obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate
Subrecipient's constitutive documents or any requirement to which Subrecipient is subject and represents the legal,
valid,and binding agreement of Subrecipient,enforceable in accordance with its terms.
B. Signature Authority. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has
been authorized by Subrecipient to execute this Contract on behalf of Subrecipient and to validly and legally bind
Subrecipient to all terms,provisions and performances herein.
C. TERMINATION; LIABILITY. Department shall have the right to suspend or terminate this Contract if there is a
dispute as to the legal authority of either Subrecipient or the person signing this Contract on behalf of Subrecipient,
to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any money
it has received for performance of the provisions of this Contract, if the Department has terminated this Contract for
reason enumerated in this Section 20.
D. MERGER DEFAULT. Subrecipient understands that it is an event of default under this Contract upon the
liquidation, termination, dissolution, merger, consolidation or failure to maintain good standing in the State of
Texas, and such is not cured prior to causing material harm to Subrecipient's ability to perform under the terms of
this Contract.
SECTION 21. COMPLIANCE WITH LAWS
A. FEDERAL,STATE AND LOCAL LAW. Subrecipient shall comply with the WAP Act, WAP Regulations, any
applicable Office of Management and Budget ("OMB") Circulars, the Texas DOE WAP State Plan; the WAP State
Rules, and all federal, state, and local laws and regulations applicable to the performance of this Contract.
Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any illegal
activity in the performance of or associated with the performance of this Contract. No funds under this Contract
shall be used for any illegal activity or activity that violates any federal,state or local laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and Addendum B
that it is implementing the Drug-Free Workplace Act of 1988(41 USC§701, et seq.).
C. LIMITED ENGLISH PROFICIENCY("LEP"). Subrecipient must provide program applications, forms, and
educational materials in English, Spanish, and any other appropriate language, based on the needs of the service
area and in compliance with the requirements in Executive Order 13166 of August 11, 2000 reprinted at 65 F.R 50121,
August 16, 2000 Improving Access to Services with LEP at 67 F.R. 41455. To ensure compliance, the Subrecipient
must take reasonable steps to insure that persons with LEP have meaningful access to the program. Meaningful
access may entail providing language assistance services,including oral and written translation,where necessary.
Page 10 of 30
D. Protected Health Information. If Subrecipient collects or receives documentation for disability, medical records or
any other medical information in the course of administering the DOE program, Subrecipient shall comply with the
Protected Health Information state and federal laws and regulations, as applicable, under 10 TAC §1.24, Chapter 181
of the Texas Health and Safety Code, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")
(Pub.L. 104-191, 110 Stat. 1936, enacted August 21, 1996) the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A
and E of 45 CFR Part 164).
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g) of the
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Development Owner or its
contractor or subcontractor engages in, or uses labor recruiters, brokers or other agents who engage in any of the
prohibited activities under Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may
terminate this Contract and Development Owner hereby agrees and acknowledges that upon termination,
Development Owner's rights to any funds shall be terminated.
F. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES AND EQUIPMENT.
(1) General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited from using funds under
this Contract for equipment, services, or systems that use the following covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as part
of any system in accordance with Section 889 of Public Law 115-232 (National Defense Authorization Act
2019):
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities.
b. For the purpose of public safety, security of government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment
produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company(or any subsidiary or affiliate of such entities).
C. Telecommunications or video surveillance services provided by such entities or using such equipment.
d. Telecommunications or video surveillance equipment or services produced or provided by an entity that
the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of
the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to,the government of a covered foreign country.
(2) Subcontracts. Subrecipient must incorporate this prohibition in any contract and require its contractors to
incorporate this requirement into any contract.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective
management of all program and fiscal activities funded by this Contract. Subrecipient's internal control systems and
all transactions and other significant events must be clearly documented and the documentation made readily
available for review by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the weatherization program. Subrecipient shall fully cooperate with Department's efforts
to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of
any identified instances of waste,fraud,or abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this
Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is
made in good faith.
Page 11 of 30
SECTION 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient certifies that it, or a
branch, division, or department of Subrecipient does not and will not knowingly employ an undocumented worker,
where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for
permanent residence to the United States or authorized under law to be employed in that manner in the United States. If,
after receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipient is convicted of a
violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%)
per annum,not later than the 120th day after the date the Department notifies Subrecipient of the violation.
SECTION 24. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. Failure to maintain written standards of conduct and to follow and
enforce the written standards is a condition of default under this Contract and may result in termination of the
Contract or deobligation of funds.In addition,the written standards must meet the requirements in 2 CFR§200.3IS.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a
contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an
organization which employs or is about to employ any of the parties indicated herein, has a financial or other
interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors, or parties to sub-agreements. Subrecipient may set standards for
situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The
standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by
officers,employees,or agents of the Subrecipient.
D. If Subrecipients is a local governmental entity in addition to the requirements of this Section 24, Subrecipient shall
follow the requirements of Chapter 171 of the Local Government Code regarding conflicts of interest of officers of
municipalities,counties,and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of
default under this Contract and may result in termination of the Contract or deobligation of funds.
SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. Funds provided under this Contract shall not be used for influencing the outcome of any election, or the passage or
defeat of any legislative measure. This prohibition shall not be construed to prevent any state official or employee
from furnishing to any member of its governing body upon request, or to any other local or state official or
employee or to any citizen information in the hands of the employee or official not considered under law to be
confidential information.
B. Funds provided under this Contract may not be used directly or indirectly to hire employees or in any other way
fund or support candidates for the legislative, executive, or judicial branches of government, the State of Texas, or
the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award governed by the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352) as the Development Owner and
each of its tiers have certified by their execution of the "Certification Regarding Lobbying for Contracts, Grants,
Loans, and Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all relevant
purposes.
Page 12 of 30
SECTION 26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not 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 Contract, on the grounds of
race,color,religion,sex,national origin,age,disability,political affiliation or belief.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping
with the principles as provided in President's Executive Order 11246 of September 24, 1965, as amended, and its
implementing regulations at 41 CFR Part 60.
C. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of 1973(5
U.S.C. §794), (ii) Fair Housing Act (42 U.S.C. §3601 et seq.), and (iii) Titles II and III of the Americans with
Disabilities Act (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S. Department of
Justice at 28 CFR Parts 35 and 36.
D. SUBCONTRACTS. Subrecipient will include the substance of this Section 26 in all subcontracts.
SECTION 27. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person who, during the
five year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a
contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as
defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or
assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awarded by the
federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section
39.459 of the Utilities Code,Hurricane Katrina,or any other disaster occurring after September 24,2005.
By execution of this Contact, the Subrecipient hereby certifies that it is eligible to participate in this Program and
acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
SECTION 28. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. TRAINING. Training and technical assistance funds shall be used for State sponsored, DOE sponsored, and other
relevant workshops and conferences provided the agenda includes topics directly related to administering WAP in
accordance with Section 6.9 of the WAP State Rules.
B. TRAVEL. Travel funds are to be used only for Department-approved training events. Subrecipient shall adhere to
2 CFR Part 200 and either its board-approved travel policy, or in the absence of such a policy, the State of Texas
travel policies. Subrecipient's written travel policy shall delineate the rates which Subrecipient shall use in
computing the travel and per diem expenses of its board members and employees.
SECTION 29. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other
source, nor may they in any way serve to reduce the funds or resources, which would have been available to or
provided through Subrecipient,had this Contract never been executed.
Page 13 of 30
SECTION 30. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that neither it nor its current principle parties are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency as
provided in the Certification Regarding Debarment, Suspension and Other Responsibility Matters attached hereto as
Addendum C and incorporated herein for all relevant purposes. The terms "covered transaction", "debarred",
"suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction",
"principal", "proposal", and "voluntarily excluded", as used in the certification attached as Addendum C, have the
meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Subrecipient also
certifies that it will not make any award provided by this Contract to any person who is proposed for debarment under
48 CFR Part 9, Subpart 9.4 or which is debarred, suspended or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement
with a potential subcontractor that the verification process to comply with this requirement will be accomplished by
checking the System for Award Management ("SAM") at www.sam.gov and including a copy of the results in its project
files. Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors. Subrecipient
may rely upon a certification of a prospective subcontractor that is not proposed for debarment under 48 CFR Part 9,
Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless Subrecipient
knows that the certification is erroneous. Failure of Subrecipient to furnish the certification attached hereto as
Addendum C or an explanation of why it cannot provide said certification shall disqualify Subrecipient from
participation under this Contract. The certification or explanation will be considered in connection with the
Department's determination whether to continue with this Contract. Subrecipient shall provide immediate written notice
to Department if at any time Subrecipient learns that the certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. Subrecipient further agrees by executing this Contract that it will
include the certification provision titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusive-Subcontracts," as set out in Addendum C, without modification, and this language under this Section 30, in all
its subcontracts.
SECTION 31. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy;
neither shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy.
The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's
right to exercise that or any other right or remedy at a later time.
SECTION 32. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties relating to the subject matter of this Contract have been
reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute promised
performances under this Contract:
1. Addendum A,Certification Regarding Lobbying for Contracts,Grants,Loans,and Cooperative Agreements
2. Addendum B-Certification Regarding Drug-Free Workplace Requirements
3. Addendum C-Certification Regarding Debarment,Suspension and Other Responsibility Matters
4. Addendum D,PRWORA Requirements
5. Exhibit A,Budget and Performance Statement
6. Exhibit B,Documentation of Disability
7. Exhibit C,Materials and Work Standards
SECTION 33. SEVERABILITY
If any section or provision portion of this Contract is held to be invalid or unenforceable by a court of competent
jurisdiction,the remainder of it shall remain valid and binding.
Page 14 of 30
SECTION 34. HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the
requirements of Section 106 of the National Historic Preservation Act (16 U.S.C. 470) ("NHPA"). The Department has
provided guidance through the best practice document posted on the Department's website at
http://www.tdhca.state.tx.us/communitv-affairs/wap/docs/WAP-BP-Hi storicPresFIowchart.pdf.
SECTION 35. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees who
use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase
of alcoholic beverages.
SECTION 36. APPEALS PROCESS
In compliance with the WAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to
individuals whose application for assistance is denied, terminated or not acted upon in a timely manner. Subrecipient
must establish a denial of service complaint procedure in accordance with Section 5.505 of the WAP State Rules.
SECTION 37. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as worship,
religious instruction or proselytization,and must be for the benefit of persons regardless of religious affiliation.
SECTION 38. FORCE MAJURE
If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to perform
hereunder:
A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature or acts of
God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion or
sabotage; and (iv) quarantines, disease pandemic, embargoes and other similar unusual actions of federal,
provincial,local or foreign Governmental Authorities;and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such
occurrence could not have been circumvented by reasonable precautions and could not have been prevented or
circumvented through the use of commercially reasonable alternative sources,workaround plans or other means.
SECTION 39. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Texas Government Code, it is the Department's policy to encourage the use
of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act and
the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, of the Texas Government Code), to assist in the
fair and expeditious resolution of internal and external disputes involving the Department and the use of negotiated
rulemaking procedures for the adoption of Department rules. As described in Chapter 154, Civil Practices and Remedies
Code, ADR procedures include mediation. Except as prohibited by Department's ex parte communications policy,
Department encourages informal communications between Department staff and the Subrecipient, to exchange
information and informally resolve disputes. Department also has administrative appeals processes to fairly and
expeditiously resolve disputes. If at any time the Subrecipient would like to engage Department in an ADR procedure,
the Subrecipient may send a proposal to Department's Dispute Resolution Coordinator. For additional information on
Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC
§1.17.
SECTION 40. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and conditions
of this Contract.
Page 15 of 30
SECTION 41. COUNTERPARTS AND FACSIMILIE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of which
together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other
electronic transmission,and any such signature shall have the same legal effect as an original.
SECTION 42. NUMBER,GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words
shall include the plural.
SECTION 43. NOTICE
A. If notice is provided concerning this Contract,notice may be given at the following(herein referred to as"Notice
Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P.O.Box 13941
Austin,Texas 78711-3941
Attention: Michael De Young,Director of Community Affairs
Telephone:(512)475-2125
Fax:(512)475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Attention:Fernando Costa,Assistant City Manager
Telephone:(817)392-6122 Fax:(817)392-6134 Email:femando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service,
or five calendar days after mailing by certified or registered mail, postage prepaid, return receipt requested,
addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 43.
SECTION 44. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to this
Contract,venue shall lie in Travis County,Texas.
SECTION 45. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this
Contract. If copyrighted materials are developed in the under this Contract, the Department and DOE shall each have a
royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use,
the copyrighted work for government purposes.
SECTION 46. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written
consent and agreement of Department,which consent may be withheld in DepartmenPs sole discretion.
SECTION 47. SPECIAL CONDITIONS
A. Applications. Subrecipient shall accept applications for WAP benefits at sites that are geographically
accessible to all households in the service area. Subrecipient shall provide elderly and disabled individuals the
means to submit applications for WAP benefits without leaving their residence or by securing transportation for
them to the sites that accept such applications.
Page 16 of 30
B. ADDITIONAL TERMS AND CONDITIONS.Reserved for EARAC Conditions,if any.
SECTION 48. LIMITATION ON ABORTION FUNDING
Pursuant to Section 6.25 of Article IX of SB 1, 85th Legislature, Regular Session (2017) ("General Appropriations Act"),
to the extent allowed by federal and state law, money appropriated by the General Appropriations Act for state fiscal
year 2018 and 2019 may not be distributed to any individual or entity that, during the period for which funds under this
General Appropriations Act are appropriated:
A. Performs an abortion procedure that is not reimbursable under the State's Medicaid program;
B. Is commonly owned,managed,or controlled by an entity that performs an abortion procedure that is not
reimbursable under the State's Medicaid program;or
C. Is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the State's
Medicaid program. This limitation on funding does not apply to a hospital licensed under Chapter 241 of the Health
& Safety Code, a State hospital, a State-owned teaching hospital, a teaching hospital, a residency program
accredited for medical education,or an office exempt under Section 254.004(2)of the Health and Safety Code.
By execution of this Contract the Subrecipient hereby certifies that, as a condition of receipt of any appropriated funds,
it is eligible to receive funds appropriated under the General Appropriations Act, and that it will not utilize appropriated
funds in any way contrary to this Section 48 during the Contract Term.
EXECUTED to be effective on: 7/1/2021
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: August 10,2021 2:58 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: August 11,2021 7:54 am
Page 17 of 30
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
"7D�
By: Fernando Costa(Sep 23,202112:15 CDT)
Name: Fernando Costa
Title: Assistant City Manager
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
/ of this contract,including ensuring all performance
By: """ `�� "�— and reporting requirements.
Name: Victor Turner
Title: Director Neighborhood Services
A �
By: Y ioeP 22,2021 16:46 CDT)
Approved as to Form and Legality: Name: Amy Connolly
Title: Assistant Director,Neighborhood Services
By: City Secretary: qa FORT as
Name: Taylor Paris D�C°°°O°°°
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Title: Assistant City Attorney P�o o �
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By: 0 0 o=d
Contract Authorization: Name: Ronald P. Gonzales �� *° *Id
M&C: 21-0714 Title: Actin City Secret �� ° °°°°° a
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE
AGREEMENTS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
Federal contract,grant,loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit standard form -LLL, 'Disclosure Form to
Report Lobbying",in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements)and that all sub-recipients shall certify and disclose accordingly.
This certification is material representation of fact on which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31 of the U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than$10,000 and not more than$100,000 for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states,to the best of its knowledge and belief,that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of
not less than$10,000 and not more than$100,000 for each such failure.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: August 10,2021 2:58 pm
Page 18 of 30
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988: 45 CFR Part 76,
Subpart, F. Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that a Federal agency may designate a
central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications, and for notification of criminal drug
convictions. For the Department of Health and Human Services, the central point is: Division of Grants Management
and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 200
Independence Avenue,SW Washington,DC 20201.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be
taken against emnlovees for violation of such prohibition:
(b)Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling,rehabilitation,and employee assistance programs;and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant,the employee will-
(1) Abide by the terms of the statement;and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973,as amended;or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a),(b),(c),(d),(e)and(f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include street
address,city,county,state,zip code):
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Page 19 of 30
Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where
work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority
or State highway department while in operation, State employees in each local unemployment office, performers in
concert halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon
award, if there is no application, the Subrecipient must keep the identity of the workplace(s) on file in its office and
make the information available for Federal inspection. Failure to identify all known workplaces constitutes a
This certification is a material representation of fact upon which reliance is placed when the Department awards the
grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, Department, in addition to any other remedies available to the Federal
Government,may take action authorized under the Drug-Free Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: August 10,2021 2:58 pm
Page 20 of 30
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
ADDENDUM C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by
any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records,making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State
or local)with commission of any of the offenses enumerated in section(b)of this certification;
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal,State or local)terminated for cause or default;and
(e)Will submit to the Department information about each proceeding that occurs during this Contract Period or
during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period;and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction,as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty,
reimbursement,restitution,or damages of$5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damage in
excess of$100,000;or
iv. Any other criminal,civil,or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3) items (i) - (iii) of this award
term and condition;
2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on
your part;and
3. The requirement in this award term and condition to disclose information about the proceeding does
not conflict with applicable laws and regulations.
(4) For purposes of section(e)of this certification the following definitions apply:
i. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to
make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level but only in connection
with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or
inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or conviction of a
criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
Page 21 of 30
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient
shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Subcontracts/Lower Tier Covered
Transaction,"without modification,in all subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY
EXCLUSION-SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date: "
This certification is a material representation of fact upon which reliance is placed when the Department awards the
grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification, in addition to any other
remedies available to the Federal Government,the Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: August 10,2021 2:58 pm
Page 22 of 30
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO.56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
ADDENDUM D
PRWORA REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for WAP funds, a Subrecipient must verify that the individual applying for WAP funds is a
qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), Pub.
L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. § 1601 et. seq., as amended by the Omnibus Appropriations Act, 1997,
Pub.L. 104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to public benefits based on
immigration status. This includes activities that: (1) deliver in-kind services at the community level, (2) are necessary for
the protection of life or safety, and (3) do not condition the provision of assistance on the applicant's income or
resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose government
that administers "federal public benefit programs" is required to determine, and to verify, the individual's alienage status
before granting eligibility (8 U.S.C. §1642(a) and (b)). Subrecipient must use the SAVE verification system to verify and
document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS
("SAVE")SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE
Program;
(b) Physically examine the documentation presented by the applicant and determine whether the document(s)
reasonably appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for
verification of immigration or naturalized or derived citizenship status information, including (1) information from the
applicant's immigration or naturalization documentation for initial automated verification, (2) additional information
obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional verification. For manual
only verification, ensure that Forms G-845 and other documents and information required for manual verification are
provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use
SAVE on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE required training
including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s),
http://www.uscis.gov/save/what-save/save-webinars, and maintaining a working knowledge of requirements contained
therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for
monitoring review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification
procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program
Guide,web-based tutorial,this Contract,and updates to these requirements;
Page 23 of 30
(g) Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE
Monitoring and Compliance. Contact information can be found at
https://www.useis.gov/e-verify/emplovers/monitoring-and-compliance or 202-443-0104;
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant
requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility
of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this
and all other provisions of this Contract;
0) Comply with the requirements of the Federal Information Security Modernization Act of 2014(FISMA) (PL-113-283, as
amended) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the
internal processing of records received by either agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in
this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s)
without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/her may do
so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrectYourRecordswit
hUSCIS.pdf(subject to revision and reposting on the SAVE Website and Online Resources);
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws, regulations,
and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification procedures
pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received pursuant to
this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program
based upon the national origin,color,race,gender,religion,or disability of the applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate
written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct
their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact
D H S - U S C I S i s p o s t e d a t
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrectYourRecordswit
hUSCIS.pdf,(subject to revision and reposting on the SAVE Website and Online Resources);
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the
opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their
records prior to a final decision,if necessary;and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification
requirements of Section 274A of the Immigration and Nationality Act,8 U.S.C.§1324a.
(2)Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to
the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to
original applicant consent documents required by the Privacy Act,5 U.S.C.§552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a violation of this
agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an information breach
has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget (OMB)
Memorandum M-07-16,"Safeguarding Against and Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to
the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original
applicant consent documents required by the Privacy Act,5 U.S.C. §552a or other applicable authority;
Page 24 of 30
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review
Subrecipient's compliance with this Addendum D and all other SAVE-related policy, procedures, guidance and law
applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received
pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use and
access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage
patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact
persons or other personnel within the Subrecipients organization or relevant contractors regarding any and all
questions or problems which may arise in connection with the Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE
users as necessary to ensure compliance with the terms of this Addendum D and the SAVE Program requirements by its
authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written
finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste,
fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and
safeguards of this Addendum D,SAVE Program procedures or other applicable law,regulation or policy;and
0) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal service address,
physical address, name and telephone number Users authorized representative for any notifications, questions or
problems that may arise in connection with Users participation in SAVE and with notification of changes in the benefit
offered by the User.
(3) Criminal Penalties..
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted by law,
including,but not limited to,the prosecution of violations of Federal administrative or criminal law.
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5
U.S.C. §552a(i)(1), and that any person who obtains this information under false pretenses or uses it for any purpose
other than as provided for in this Contract may be subject to criminal penalties.
(4) Third Party Liability.
(a) Each party to this contract shall be solely responsible for its own defense against any claim or action by third parties
arising out of or related to the execution and/or performance of this contract, whether civil or criminal, and retain
responsibility for the payment of any corresponding liability.
(b) Nothing in this contract is intended, or should be construed, to create any right or benefit, substantive or procedural,
enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas,
its agencies,officers,or employees,or the Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O.Box 13941
Austin,TX 78711-3941
Phone:(512)475-2125
Email:michael.de,oun tdhca.state.tx.us
Page 25 of 30
USCIS SAVE Program MS 2620
U.S.Citizenship and Immigration Services
Department of Homeland Security
Washington,DC 20529-2620
ATTN: SAVE Operations
Phone: (888)464-4218
Email: saveregistration@dhs.gov
USCIS SAVE Monitoring and Compliance MS 2640
U.S.Citizenship and Immigration Services
Department of Homeland Security
Washington,DC 20529-2640
Phone: (888)464-4218
Email: save.monitoring(i lis.gov
(5) Certification.
The undersigned hereby certifies to the Department that all information herein is true and correct to the best of their
knowledge and belief The purpose of this statement is to certify that City of Fort Worth(Subrecipient):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute and affiliated with a
state or governmental entity (such as a housing finance agency, public housing authority, unit of local
government,council of governments,county,etc.)
Certification must have the signature from a representative with authority to execute documents on the Subrecipient's
behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly and willingly making
a materially false, fictitious, or fraudulent statement or entry in any matter under the jurisdiction of the federal
government(18 U.S.C.Sec. 1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: August 10,2021 2:58 pm
Page 26 of 30
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$314,092.00 DOE WAP FUNDS CURRENTLY AVAILABLE
$25,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$314,092.00 TOTAL ANTICIPATED DOE WAP FUNDS
$25,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current
Contract Term.Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS 1
CATEGORIES FUNDS
Administration $42,386.00
Liability/Pollution Occurrence Insurance $5,958.00
Fiscal Audit $1,000.00
Materials/Program Support/Labor $2259036.00
Health and Safety $399712.00
SUB-TOTAL $314,092.00
Training and Technical Assistance $25,000.00
TOTAL $339,092.00
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
• Denotes that the Subrecipient must request in writing any amendment needed to a budget category before TDHCA
will make any amendments. The only categories that can be reduced are the Administration, Insurance, Fiscal Audit,
Training and Technical Assistance and/or the Health and Safety categories.
' Denotes maximum dollar amount permitted for administration based on 12.50%of the total allowable expenditures.
• Denotes maximum$2,000 for liability insurance and the remaining balance for pollution occurrence insurance.
• Denotes the maximum allowed for Health and Safety expenditures.
Page 27 of 30
PERFORMANCE
Subrecipient's service area consists of the following Texas counties:
TARRANT
Work orders must be submitted to weatherization contractors no later than June 30, 2022 for any weatherization
activities to be completed under this Contract. All weatherization activities including final inspection must be completed
no later than July 31,2022.
Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited
to: payment of invoices, and quality assurance activities for a period no to exceed 45 calendar days from the end of the
Contract Term defined in Section 2 of this Contract.
These costs shall be reported on the final report described in Section 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the Contract funds during the Contract
Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall not
exceed $7,776.00 total cost per unit without prior written approval from the Department. The cumulative total cost per
unit(materials,labor,and program support),shall not exceed the maximum allowable by end of the Contract Term.
Subrecipient has a federally approved indirect cost rate of 0.00%.
Page 28 of 30
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
EXHIBIT B
DOCUMENTATION OF DISABILITY
City of Fort Worth
a political subdivision of the State of Texas
1. All WAP repairs, purchases and/or replacements of heating/cooling units are allowable only for eligible units for
which a whole house assessment has been completed and either health and safety issues documented or an Energy
Audit showing a Savings-to-Investment Ratio of 1 or greater for the repair, purchase and/or replacement has been
completed. No other reason for repair, purchase and/or replacements, including medical reasons, shall be accepted.
Under NO CIRCUMSTANCES should clients'medical information be collected or kept by Subrecipient.
2. Except if required by federal law, documentation of disability must NOT include protected health information as
defined in the Texas Health and Safety Code,Subtitle I,Chapter 181.
Page 29 of 30
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56210003508 FOR THE
FY 2021 U.S.DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#81.042)
EXHIBIT C
MATERIALS AND WORK STANDARDS
City of Fort Worth
a political subdivision of the State of Texas
1. Subrecipient shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the
standards prescribed by DOE in Appendix A of 10 CFR Part 440.
2. All weatherization measures installed shall meet or exceed the standards prescribed by DOE in Weatherization
Program Notice(WPN) 15-4 regarding Standard Work Specifications(SWS). SWS is required on every unit.
3. All weatherization work must be performed in accordance to the DOE-approved energy audit procedures, 10 CFR
Part 440 Appendix A, State of Texas adopted International Residential Code (or that of jurisdictions authorized by
State law to adopt later editions).
4. Subrecipient will include the substance of this Exhibit C in all subcontracts.
Page 30 of 30
9/22/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTII
'14�
DATE: 9/21/2021 REFERENCE NO.:**M&C 21-0714 LOG NAME: 19NSTDHCA-DOE2021
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL) Authorize Acceptance of 2021 United States Department of Energy Weatherization
Assistance Program Grant Funds, a Federally Funded Program Sponsored by the United
States Department of Energy Designed to Provide Assistance for Low to Moderate
Income Residents to Perform Home Modifications to Reduce Overall Energy Costs from
the Texas Department of Housing and Community Affairs in an Amount Up to
$500,000.00, Authorize Execution of Related Contracts, Waive Indirect Costs, and Adopt
Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of United States Department of Energy Weatherization Assistance
Program grant funds from the Texas Department of Housing and Community Affairs for the
2021 Weatherization Assistance Program in an amount up to $500,000.00;
2. Authorize the execution of related contracts, including any amendments, extensions and
renewals, in accordance with City policies and regulations, with the Texas Department of
Housing and Community Affairs for the grant funds for the program year beginning on July 1,
2021 and ending on June 30, 2022;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount up to
$500,000.00, for the purpose of funding the 2021 Weatherization Assistance Program; and
4. Waive indirect costs in the amount of $10,395.00.
DISCUSSION:
The City of Fort Worth (City) has operated the Weatherization Assistance Program (WAP) with grant
funds from the Texas Department of Housing and Community Affairs (TDHCA) since 1982. This
funding is in addition to the Low Income Housing Energy Assistance Program funds provided by
TDHCA, which has provided approximately $844,261.00 in funding for the current program year. The
program provides weatherization services for low-income residents in Tarrant County. Weatherization
measures include attic insulation, weather stripping, caulking, repair and replacement of windows and
doors and other minor repairs. Administrative costs are restricted to 10 percent based on the total
allowable expenditures for the WAP.
The City has weatherized approximately 68 houses with funding from this grant between June 2019
to July 2021 and will target the completion of 35 houses in 2021-2022.
A waiver by the City of indirect costs will maximize program benefits. The 2021 United States
Department of Energy Weatherization Assistance Program grant provides for 1.25 full time positions
with estimated direct salaries of$63,000.00. The addition of indirect costs would result in reduction of
services and staff. The estimated indirect cost to be waived is $10,395.00.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that, upon approval of the above recommendations, receipt of the
grant and adoption of the attached appropriation ordinance, funds will be available in the current
operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood
Services Department (and Financial Management Services) will be responsible for the collection and
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deposit of funds due to the City. Prior to expenditures being incurred, Neighborhood Services has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
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FROM
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Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact: Eric Vodicka (7583)
ATTACHMENTS
19NSTDHCA-DOE2021 21001 A021(Q).docx
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