HomeMy WebLinkAboutContract 57158 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605 CSC No. 57158
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM(CFDA#93.568)
Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: 2201TXLIEA
Award Year(Year of Award from HHS to TDHCA): 2022
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2022 Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance
Program Contract Number 81220003605("Contract") is made by and between the Texas
Department of Housing and Community Affairs, a public and official agency of the State of Texas
(herein "Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient") hereinafter the "Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2022, and, unless earlier terminated, shall end on
December 31, 2022 ("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. The following County/Counties constitute the Subrecipient's "Service Area": TARRANT
B. Subrecipient shall, throughout its Service Area implement a Weatherization Assistance
Program ("WAP") in accordance with the provisions of Part A of the Energy Conservation in
Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.) ("WAP Act"), the
sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10
CFR Parts 440 and 600 ("WAP Regulations") as indicated herein, 2 CFR Part 200 (as
applicable), the Texas WAP State Plan, the Texas LIHEAP State Plan; the implementing State
regulations at Title 10, Part I, Chapter 1, Chapter 2, and Subchapters A and D of Chapter 6, of
the Texas Administrative Code as amended or supplemented from time to time (collectively,
"State Rules"), Chapters 2105 and 2306 of the Texas Government Code ("State Act"), the
Low-Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. §8621 et seq.)
("LIHEAP Act"), and the implementing regulations codified in 45 CFR Part 96 ("LIHEAP
Regulations").
C. Subrecipient shall, in accordance with this Contract throughout its Service Area, develop and
implement a WAP in the counties and in accordance with the terms of this Contract; the
certifications attached hereto as Addendums A, B, C and D and incorporated herein for all
relevant purposes; the "Personal Responsibility and Work Opportunity Act of 1996
("PRWORA") Requirements for the WAP" attached hereto as Addendum E and incorporated
herein for all relevant purposes; the "Budget and Performance Statement" attached hereto as
Exhibit A and incorporated herein for all relevant purposes; the "LIHEAP Priority List" attached
hereto as Exhibit B and incorporated herein for all relevant purposes; the assurances,
certifications, and all other statements made by Subrecipient in its funding under this Contract;
and with all other terms, provisions, and requirements herein set forth.
OFFICIAL RECORD
CITY SECRETARY
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FT.WORTH, TX
D. Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of
energy efficiency in the dwellings of "Households" that are "Low-Income". WAP services will be
provided to owner occupied units as well as rental units. Priority will be given to in no particular
order (1) Households with "Elderly Persons", (2) "Persons with Disabilities", (3) Households
with young children that are age five (5) or younger, (4) Households with a "High Energy
Burden", and/or (5) Households with "High Energy Consumption", as said terms are defined in
10 TAC § 6.2. Subrecipient is allowed to perform weatherization measures as detailed in
LIHEAP Priority List, Exhibit B of this Contract. If Subrecipient leverages LIHEAP with any DOE
weatherization funds, all federal and state DOE rules and requirements will apply including but
not limited to income calculation requirements as outlined in Department of Energy -
Weatherization Program Notice 18-3 or updated Income Determination Notice in accordance
with the State Rules. The work will be completed in accordance with the International Energy
Conservation Code and the minimum requirements set in the State of Texas adopted
International Residential Code ("IRC") or in jurisdictions authorized by State law to adopt later
editions.
E. Subrecipient shall refund to the Department any sum of money which has been paid to
Subrecipient by the Department, which Department determines has not been strictly spent in
accordance with the terms of this Contract. Subrecipient shall make such refund within fifteen
(15) calendar days after the Department's request.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department may
reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount
specified in "Budget and Performance Statement" attached hereto as Exhibit A.
B. The Contract shall not be construed as creating a debt on behalf of Department in violation of
Article III, Section 49a of the Texas Constitution. Department's obligations under this Contract
are contingent upon the actual receipt and availability by Department of adequate 2022 LIHEAP
federal program funds. If sufficient funds are not available to make payments under this
Contract, Department may notify Subrecipient in writing within a reasonable time after such fact
is determined. Department may then terminate this Contract and will not be liable for the failure
to make any payment to Subrecipient under this Contract. Department acknowledges that it
has received obligations from those sources which, if paid, will be sufficient to pay the allowable
costs incurred by Subrecipient under this Contract.
C. Department is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in
Section 440.22 of the WAP Regulations, except that pursuant to 10 TAC §6.2(b)(28)(B) the
dwelling unit shall be eligible for weatherization assistance if it is occupied by a family unit
whose income is at or below one hundred fifty percent (150%) of the poverty guidelines
updated periodically in the Federal Register by the U.S. Department of Health and Human
Services ("HHS") under the authority of"Poverty Income Guidelines" at 42 U.S.C. §9902 (2);
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by
a federal, state, or local program within twelve (12) months from the date weatherization of
the dwelling unit is scheduled to be completed;
(3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds or charged
to another LIHEAP WAP or DOE WAP contract, except as provided for in Section 440.18(e)
(2)of the WAP Regulations;
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set
forth in Section 8 of this Contract;
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(5) is not incurred during the Contract Term;
(6) is not reported to Department on a monthly expenditure or performance report within forty
five (45) calendar days following the end of the Contract Term;
(7) is subject to reimbursement by a source other than Department; or
(8) is made in violation of any provision of this Contract, including the addendums and exhibits,
or any provision of federal or state law or regulation, including, but not limited to those
enumerated in this Contract.
D. Notwithstanding any other provision of this Contract, Department shall only be liable to
Subrecipient for allowable costs actually incurred or performances rendered for activities
specified in the WAP Act and LIHEAP Act.
E. Notwithstanding any other provision of this Contract to the contrary, the total of all payments
and other obligations incurred by the Department under this Contract shall not exceed the sum
of$765,104.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days.
Subrecipient's request for cash advance shall be limited to the minimum amount needed and
be timed to be in accordance with the actual, immediate cash requirements of the Subrecipient
or an advance of Five Thousand and No/100 Dollars ($5,000.00), whichever is greater. In
carrying out the purpose of this Contract. Subrecipient must request an advance payment by
submitting a properly completed monthly expenditure report to Department through the
electronic reporting system no later than the fifteenth (15th) day of the month prior to the month
for which advance payment is sought, together with such supporting documentation as the
Department may reasonably request.
B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the
time between the disbursement of funds from Department to Subrecipient and the expenditure
of such funds by Subrecipient.
C. DEPARTMENT OBLIGATIONS. Subsection 4(A) of this Contract notwithstanding, Department
reserves the right to utilize a modified cost reimbursement method of payment, whereby
reimbursement of costs incurred by a Subrecipient is made only after the Department has
reviewed and approved backup documentation provided by the Subrecipient to support such
costs for all funds, if at any time (1) Subrecipient maintains cash balances in excess of need or
requests advance payments in excess of thirty (30) days need, (2) Department identifies any
deficiency in the cash controls or financial management system used by Subrecipient, (3)
Subrecipient owes the Department funds, or (4) Subrecipient violates any of the terms of this
Contract.
D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the
payment of allowable expenditures to be used for the exclusive benefit of the low-income
population of Subrecipient's Service Area incurred during the Contract Term. Subrecipient may
incur costs for activities associated with the closeout of the LIHEAP contract for a period not to
exceed forty-five (45) calendar days from the end of the Contract Term.
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SECTION 6. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT
REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES. Except as expressly modified by
law or the terms of this Contract, Subrecipient shall comply with the cost principles and uniform
administrative requirements set forth in the Texas Grant Management Standards (34 TAC
§20.421) ("TXGMS") in effect on the effective date of this Contract, Chapter 783 of the Texas
Government Code and 2 CFR Part 200. All references therein to "local government" shall be
construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%.
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and
Subpart F of 2 CFR Part 200. The expenditure threshold requiring an audit is Seven Hundred
Fifty Thousand and No/100 Dollars ($750,000.00)of Federal funds.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds
received and performances rendered under this Contract. Subrecipient agrees to permit
Department or its authorized representative to audit Subrecipient's records and to obtain any
documents, materials, or information necessary to facilitate such audit.
E. CERTIFICATION FORM. For any fiscal year ending within or one (1) year after the Contract
Term, Subrecipient must submit an "Audit Certification Form" (available from the Department)
within sixty (60) days after the Subrecipient's fiscal year end. If the Subrecipient's Single Audit is
required by 2 CFR Part 200, Subpart F, the report must be submitted to the Federal Audit
Clearinghouse ("FAC") the earlier of thirty (30) calendar days after receipt of the auditor's report
or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §1.403(f),
Subrecipient is required to submit a notification to Department within five (5) business days of
submission to the FAC. Along with the notice, indicate if the auditor issued a management
letter. If there is a management letter, a copy of the letter must be sent to the Department. Both
the notice and the copy of the management letter, if applicable, must be submitted to
SAandACF@tdhca.state.tx.us.
F. STATE AUDITOR'S RIGHT TO AUDIT. Pursuant to Section 2262.154 of the Texas
Government Code, the state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under any contract or indirectly through a subcontract
under the Contract. The acceptance of funds by the Subrecipient or any other entity or person
directly under the Contract or indirectly through a subcontract under the Contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. Under the
direction of the legislative audit committee, the Subrecipient or other entity that is the subject of
an audit or investigation by the state auditor must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit. Subrecipient shall
ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through the contract and the requirement to cooperate is included in any
subcontract it awards.
G. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides
the Department the ability to directly review, monitor, and/or audit the operational and financial
performance and/or records of work performed under this Contract.
SECTION 7. DEOBLIGATION, TERMINATION AND SUSPENSION
A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance with
10 TAC §1.411, 10 TAC §6.405, and Chapter 2105 of the State Act.
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B. TERMINATION. Pursuant to 10 TAC §2.202, Department may terminate this Contract, in whole
or in part, at any time Department determines that there is cause for termination. Cause for
termination includes but is not limited to Subrecipient's failure to comply with any term of this
Contract or reasonable belief that Subrecipient cannot or will not comply with the requirements
of the Contract. If the Department determines that a Subrecipient has failed to comply with the
terms of the Contract, or has failed to provide services that meet appropriate standards, goals,
or other requirements established by the Department, Department will notify Subrecipient of the
deficiencies to be corrected and require the deficiencies be corrected prior to implementing
termination.
C. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority to
withhold payment and immediately suspend Subrecipient's performance under this Contract if
Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or
other serious deficiencies in Subrecipient's performance.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of
deobligation, termination or suspension, Subrecipient shall not be relieved of any liability to
Department for damages by virtue of any breach of this Contract by Subrecipient. Department
may withhold any payment due to Subrecipient until such time as the exact amount of damages
due to Department is agreed upon or is otherwise determined in writing between Parties.
E. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after
termination or during suspension of this Contract or for any costs that are disallowed.
F. GENERAL. Subrecipient's failure to expend the funds provided under this Contract in a timely
manner may result in either the termination of this Contract or Subrecipient's ineligibility to
receive additional funding under WAP, or a reduction in the original allocation of funds to
Subrecipient.
G. STATEWIDE OR REGIONAL PROVIDER. Department may award deobligated or terminated
funds from this Contract to a Statewide or Regional Provider in accordance with 10 TAC
§1.411. Subrecipient agrees to provide information as requested by the Department to serve
clients in the Service Area.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be
determined in accordance with the provisions of Sections 4 and 5 of this Contract and the
regulations set forth in Section 440.18 of the WAP Regulations, subject to the limitations and
exceptions set forth in this Section 8.
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this
Contract for the purchase of weatherization materials. Subrecipient shall weatherize eligible
dwelling units using only weatherization materials which meet or exceed the standards
prescribed by DOE in Appendix A to Part 440 of the WAP Regulations, State of Texas adopted
IRC or jurisdictions authorized by State law to adopt later editions.
C. Administrative and program services activities funds are earned through provision of direct
services to clients in accordance with the State Rules. Subrecipient may choose to submit a
final budget revision no later than forty-five (45) calendar days prior to the end of the Contract
Term to use its administrative and program services funds for direct service categories.
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D. For units where Subrecipient leverages with any DOE weatherization funds, all weatherization
measures installed must have an approved State of Texas Energy Audit savings-to-investment
ratio ("SIR") of one or greater unless otherwise indicated as health and safety or incidental
repair items. Weatherization measures installed shall begin with those having the greatest SIR
(on approved State of Texas Energy Audit) and proceed in descending order to the measures
with the smallest SIR or until the maximum allowable per unit expenditures are achieved.
E. Allowable expenditures under this Contract include:
(1) the purchase and delivery of weatherization materials as defined in Section 440.18 of the
WAP Regulations;
(2) if Subrecipient leverages LIHEAP with any DOE weatherization funds, labor costs for
doors, primary windows and storm windows that will result in approved energy savings
with a SIR of one (1) or greater in accordance with Section 440.19 of the WAP
Regulations;
(3) the cost of weatherization materials and labor for air and duct sealing, insulation, allowable
base load reduction measures, heating and cooling system tune ups, repairs,
modification, or replacements. Whenever available, heating and cooling systems must
have an Energy Star rating;
(4) transportation of weatherization and repair materials, tools, equipment, and work crews to
a storage site and to the site of weatherization work;
(5) maintenance, operation, and insurance of vehicles used to transport weatherization
materials;
(6) maintenance of tools and equipment;
(7) purchase or lease of tools or equipment;
(8) employment of on-site supervisory personnel;
(9) storage of weatherization materials, tools, and equipment;
(10) incidental repairs (such as repairs to roofs, walls, floors, and other 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); and
(11) allowable health and safety measures.
F. Health and Safety funds not expended may be moved to the labor, materials, and program
support category. These changes will require a Contract action; therefore, Subrecipient must
provide written notification to the Department at least forty-five (45) days calendar prior to the
end of the Contract Term before these funds can be moved.
G. Administrative costs incurred by Subrecipient in performing this Contract are to be based on
actual programmatic expenditures and shall be allowed up to the amount outlined in the
"Budget and Performance Statement" as Exhibit A. Allowable administrative costs may include
reasonable costs associated with Subrecipient's administrative personnel, travel, audit fees,
office space, equipment, and supplies which are necessary for the administration of WAP.
Administrative costs are earned based upon the allowable percentage of total allowable
expenditures, excluding the allowance for Department/LIHEAP Training Travel or special
equipment purchases. Subrecipient may use any or all of the funds allowed for administrative
purposes under this Contract for the purchase and delivery of weatherization materials. These
changes will require a contract action; therefore, Subrecipient must provide written notification
to the Department at least forty-five (45) calendar days prior to the end of the Contract Term
before these funds can be moved.
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H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to
weatherize dwellinq units under the direction of qualified supervisors.
SECTION 9. RECORDKEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth below
and at Section 440.24 of the WAP Regulations and shall maintain fiscal and programmatic
records and supporting documentation for all expenditures of funds made under this Contract in
accordance with the TXGMS, Subrecipient agrees to comply with any changes to the TXGMS'
record keeping requirements. For purposes of compliance monitoring, all associated
documentation must be readily available, whether stored electronically or hard copy to
demonstrate compliance with Subrecipient Performance as outlined in Section 3.
B. CLIENT FILES. Except as otherwise described in 10 TAC §6.14 regarding shelters, for each
dwelling unit weatherized with funds received from LIHEAP WAP under this Contract,
Subrecipient shall maintain complete client files at all times as described herein. Costs
associated with incomplete files found at the time of program monitoring may be disallowed.
Each file shall contain the following information, including the following Department forms found
in the Community Affairs Division section of the Department's website at
http://www.tdhca.state.tx.us/community-affairs/wap/quidance.htm#forms and any required
video or photographic records as directed by the Department:
(1) Signed and completed "Application for Weatherization Services" form indicating the ages
of the residents, presence in the Household of children age five (5) or younger, Elderly
Persons, and Persons with Disabilities. Date of said application and associated
documents must be within twelve (12) months of the start date indicated on the "Building
Weatherization Report" ("BWR");
(2) Twelve (12) month consumer billing history for utilities;
(3) Consumption disclosure release form (for access to consumption data for use in surveys
and studies);
(4) Priority Rating Sheet;
(5) Eligibility documentation in accordance with the following:
a. Subrecipient must use the definition of"income" in 10 TAC §6.4.
b. Suprecipient must provide documentation/verification of client income for the thirty (30)
days preceding their application for all Household members eighteen (18) years and
older, or provide a "Declaration of Income Statement" ("DIS") form (if applicable). In
order to use the DIS form, each Subrecipient shall develop and implement a written
policy and procedure on the user of the form, including policies requiring a client
statement of efforts to obtain documentation of income with a client signature. Proof of
income documentation requirements are the same for both single and multifamily
housing. All proof of income must reflect earnings from within twelve (12) months of the
start date indicated on the BWR.
c. No dwelling unit shall be weatherized without documentation that the dwelling unit is an
eligible dwelling unit as defined in Section 440.22 of the WAP Regulations, except that
pursuant to 10 TAC §6.2(b)(28)(B) the dwelling unit shall be eligible for weatherization
assistance if it is occupied by a family unit whose income is at or below one hundred
fifty percent (150%)of the "Poverty Income Guidelines" at 42 U.S.C. §9902(2);
(6) BWR form, including certification of final inspection and justification for omission of
priorities if applicable;
(7) Invoices of materials purchased or inventory removal sheets;
(8) Invoices of labor;
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(9) If a rental unit, "Landlord Agreement" form, "Landlord Financial Participation" form and
"Landlord Permission to Perform Assessment & Inspections for Rental Units" form and all
other landlord forms found in the Community Affairs Division section of the Department's
website at http://www.tdhca.state.tx.us/community-affairs/wap/docs/10-WAPLandlord.pdf;
(10) "Notice of Denial and Appeal Rights," if applicable;
(11) Signed and dated "Building Assessment" form, to include existing efficiencies of all heating
and cooling appliances (Manual J and Manual S);
(12) "Attic/Wall Inspection"form (local design allowed);
(13) Documentation of pre/post weatherization carbon monoxide readings for all combustible
appliances;
(14) "Blower Door Performance Standards and Duct Blower Data Sheet" form;
(15) Refrigerator metering information;
(16) Client Education Verification;
(17) Signed client"Refrigerator Replacement Form" (if applicable);
(18) Completed, signed and dated "Priority List"form (if applicable);
(19) A complete copy of the approved State of Texas Energy Audit (if applicable);
(20) Signed client receipt of the "Unified Weatherization Elements Notification Form" that
includes lead hazard information, identification of mold like substance, and state historical
preservation information;
(21) Work Order;
(22) CAZ Testing;
(23) Pre/Post-ASHRAE Printout (RED Calc); and
(24) Signed client receipt of "Mold-Like Substance Notification and Release Form for Texas
Weatherization Programs" (if applicable).
(25) Final Inspection form that allowable measures are completed as per work order.
C. MASTER FILES. For each multifamily project weatherized with funds received from LIHEAP
under this Contract, Subrecipient shall maintain a master file containing the following
information:
(1) "Multifamily Project Building Data Checklist";
(2) "Multifamily Project Completion Checklist";
(3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units";
(4) "Landlord Agreement"form;
(5) "Landlord Financial Participation Form"; and
(6) significant data required in all multifamily projects.
D. STANDARDS FOR MATERIALS. Materials standards documentation for weatherization
material purchased under this Contract must be maintained. These standards must meet the
requirements according to Appendix A to Part 440 of the WAP Regulations.
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E. ACCESS TO RECORDS. Subrecipient shall give the HHS, the U.S. General Accounting
Office, the Texas Comptroller, the State Auditor's Office, the HHS Office of Inspector General,
and Department, or any of their duly authorized representatives, access to and the right to
examine and copy, on or off the premises of Subrecipient, all records pertaining to this
Contract. Such right to access shall continue as long as the records are retained by
Subrecipient. Subrecipient agrees to cooperate with any examination conducted pursuant to
this Subsection E.
F. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible
location for the greater of: (i) the time period described in TXGMS, (ii) the date that the final audit
is accepted with all audit issues resolved to the Department's satisfaction if the Department
notifies the Subrecipient in writing; (iii) if any litigation claim, negotiation, inspection, or other
action has started before the expiration of the required retention period records must be
retained until completion of the action and resolution of all issues which arise under it; (iv) or a
date consistent with any other period required by the performed activity reflected in federal or
state law or regulation Upon termination of this Contract, all records are property of the
Department.
G. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or
maintained by Subrecipient pertaining to this Contract, except records made confidential by
law, is subject to the Texas Public Information Act (Chapter 552 of the Texas Government
Code) and must provide citizens, public agencies, and other interested parties with reasonable
access to all records pertaining to this Contract subject to and in accordance with the Texas
Public Information Act. Subrecipient understands that the Department will comply with the
Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by
judicial rulings and opinions of the Attorney General of the State of Texas. Information,
documentation, and other material in connection with this Contract may be subject to public
disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907
of the Texas Government Code, Subrecipient is required to make any information created or
exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure
under the Texas Public Information Act, available in a format that is accessible by the public at
no additional charge to the State.
H. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full Household assessment
addressing all possible allowable weatherization measures.
I. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all
subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. REPORTING COMPLIANCE. Subrecipient represents and warrants that it will submit timely,
complete, and accurate reports in accordance with the grant and maintain appropriate backup
documentation to support the reports.
B. FUNDING REPORT. By the fifteenth (15th) of each month, Subrecipient shall electronically
submit to Department a Performance Report listing demographic information on all units
completed in the previous month and an Expenditure Report listing all expenditures of funds
under this Contract during the previous month. These reports are due even if Subrecipient has
no new activity to report during the month. Both reports shall be submitted electronically.
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C. FINAL REPORTS. Subrecipient shall electronically submit to Department no later than
forty-five (45) calendar days after the end of the Contract Term a final expenditure and
programmatic report utilizing the Monthly Expenditure Report. The failure of Subrecipient to
provide a full accounting of all funds expended under this Contract may result in ineligibility to
receive additional funds or additional contracts. After forty-five (45) calendar days, any
expenditures not reported to the Department will result in funds being reallocated to LIHEAP
purposes.
D. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no
later than forty-five (45) calendar days after the end of the Contract Term an inventory of all
vehicles, tools, and equipment with a unit acquisition cost of Five Thousand and No/100 Dollars
($5,000.00) or more and/or a useful life of more than one (1) year, if purchased in whole or in
part with funds received under this or previous WAP Contracts. The inventory shall reflect the
tools and equipment on hand as of the last day of the Contract Term.
E. DATABASE. Subrecipient shall update the Previously Weatherized Units database no later
than fifteen (15) days after the end of each month of the contract for units weatherized under
this Contract.
F. HOUSEHOLD DATA. By the fifteenth (15th) of each month, Subrecipient shall electronically
upload data on Households served in the previous month into the CA Performance Measures
Module located in the Community Affairs Contract System.
G. OTHER REPORTS. Subrecipient shall submit other reports, data, and information on the
performance of this Contract as may be required by DOE pursuant to Section 440.25 of the
WAP Regulations, by the HHS, or by the Department.
H. DEFAULT. If Subrecipient fails to submit, within forty-five (45) calendar days of its due date,
any report or response required by this Contract, including responses to monitoring reports,
Department may, in its sole discretion, deobligate, withhold or suspend any and all payments
otherwise due or requested by Subrecipient hereunder and/or initiate proceedings to terminate
this Contract in accordance with Section 7 of this Contract. If Subrecipient receives LIHEAP
WAP funds from the Department over two (2) or more Contracts of subsequent terms, funds
may be withheld or this Contract suspended or terminated by Subrecipient's failure to submit a
past due report or response (including a report of audit)from a prior Contract Term.
I. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with a
Data Universal Numbering System ("DUNS") number and registered in the System of Award
Management ("SAM"), a Central Contractor Registration ("CCR") System number to be used
as the Unique Entity Identifier Number on all contracts and agreements. The DUNS number
must be provided in a document from Dun and Bradstreet and must be registered at the
www.sam.gov <http://www.sam.gov> website. This document must be provided to the
Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a
current DUNS number and registration at www.sam.gov for the entire Contract Term.
J. DISASTER RECOVERY PLAN. Upon request of the Department, Subrecipient shall provide
copies of its most recent business continuity and disaster recovery plans.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the
terms of this Contract required by a change in federal or state law or regulation is automatically
incorporated herein and is effective on the date designated by such law or regulation without the
requirement of a written amendment hereto. Said changes, additions, or deletions referenced
under this Subsection A of Section 11 may be further evidenced in a written amendment.
Page 10 of 42
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions,
or deletions to the terms of this Contract not required by a change in state or federal law or
regulation shall be in writing and executed by both Parties to this Contract.
C. FACSIMILE SIGNATURE. If any Party returns an executed copy by facsimile machine or
electronic transmission, the signing party intends the copy of its authorized signature printed by
the receiving machine or the electronic transmission, to be its original signature.
D. REQUEST. Written requests for Contract amendment must be received by the Department by
no later than forty-five (45) days prior to the end of the Contract Term.
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in
whole or in part with funds provided under this Contract in accordance with TXGMS.
SECTION 13. INDEPENDENT CONTRACTOR
Subrecipient is an independent contractor. Subrecipient agrees to hold Department harmless and,
to the extent allowed by law, indemnify it against any disallowed costs or other claims which may
be asserted by any third party in connection with Subrecipient's performance of this Contract.
SECTION 14. PROCUREMENT STANDARDS
Subrecipient shall comply with TXGMS, 10 TAC §1.404, and all applicable federal, state, and local
laws, regulations, and ordinances for making procurement transactions and purchases under this
Contract. If leveraging DOE funds, Subrecipient shall also comply with 10 CFR§600.236(b-i).
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract or subgrant the primary performance of this Contract,
including but not limited to expenditure and performance reporting and drawing funds through
the Community Affairs Contract System, and only may enter into properly procured
subcontractual agreements for consulting and other professional services, if Subrecipient has
received Department's prior written approval. Subrecipient may subcontract for the delivery of
client assistance without obtaining Department's prior approval. Any subcontract for the delivery
of client assistance will be subject to monitoring by the Department as per Section 19 of this
Contract. Subrecipient shall inspect all subcontractors' work and shall be responsible for
ensuring that it is completed in a good and workmanlike manner. Subrecipient shall make no
payment to subcontractor until all work is complete and has passed a final inspection.
B. In no event shall any provision of this Section 15, specifically the requirement that Subrecipient
obtain Department's prior written approval of a subcontractor, be construed as relieving
Subrecipient of the responsibility for ensuring that the performances rendered under all
subcontracts are rendered so as to comply with all of the terms of this Contract, as if such
performances rendered were rendered by Subrecipient. Department's approval under this
section does not constitute adoption, ratification, or acceptance of Subrecipient's or
subcontractor's performance hereunder. Department maintains the right to monitor and require
Subrecipient's full compliance with the terms of this Contract. Department's approval under this
Section 15 does not waive any right of action which may exist or which may subsequently
accrue to Department under this Contract.
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C. Every initial assessment, every priority list measure, every approved State of Texas Energy
Audit, and every final inspection is the sole responsibility of the Subrecipient. Subrecipient may
request in writing that the Department permit the Subrecipient to subcontract the performance
of assessments, audits and final inspections. The Department will review each request
separately to determine whether the request will be granted.
D. Subrecipient represents and warrants that it will maintain oversight to ensure that
subcontractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost
of Five Thousand and No/100 Dollars ($5,000.00) or more and a useful life of more than one (1)
year, if purchased in whole or in part with funds received under this or previous WAP
Contracts, are not assets of either the Subrecipient or the Department but are held in trust for
the WAP and as such are assets of the WAP.
B. Subrecipient shall develop and implement a property management system, which complies
with 10 TAC §1.407. Subrecipient shall not use, transfer, or dispose of any property acquired in
whole or in part with funds provided under this or a previous WAP Contract except in
accordance with its own property management system.
C. Upon termination of this Contract or non-renewal of the funds hereunder, the Department may
require transfer of the title of equipment to a third party named by the Department. Such a
transfer shall be subject to the following standards:
(1) The equipment shall be appropriately identified in the award or otherwise made
known to the recipient in writing.
(2) The Department will issue disposition instructions after receipt of final inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property
acquired hereunder and shall promptly report to Department any loss, damage, or theft of
property with an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00)or more.
E. In addition to the inventory of tools and equipment required under Section 10C, Subrecipient
shall take a physical inventory of all WAP materials and shall reconcile the results with its
property records at least once every year. Any differences between quantities determined by
the inventory and those shown in the property records shall be investigated by Subrecipient to
determine the cause of the difference.
SECTION 17. BONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND REQUIREMENTS. If Subrecipient will enter in to a
contract for weatherization activities with a third-party in the amount of Twenty-Five Thousand
and No/100 Dollars ($25,000.00) or greater, Subrecipient must execute with the contractor a
payment bond in the full amount of the contract. If the Subrecipient enters into a contract with a
prime contractor in excess of One Hundred Thousand and No/100 Dollars ($100,000.00), a
performance bond in the full amount of the contract is also required. These bonds must be
executed by a corporate surety authorized to do business in Texas, a list of which may be
obtained from the State Insurance Department. Such assurances of completion will run to the
Department as obligee and must be documented prior to the start of weatherization activities.
This bonding requirement applies as set forth in 10 TAC §1.405 and to the extent required by
federal or state law.
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B. INSURANCE REQUIREMENTS. Subrecipient is basically a self-funded entity in accordance
with Chapter 2259 of the Texas Government Code subject to statutory tort laws and, as such,
generally, it does not maintain a commercial general liability insurance and/or auto liability
policy. Subrecipient is encouraged to obtain pollution occurrence insurance. Generally, regular
liability insurance policies do not provide coverage for potential effects of many health and
safety measures, such as lead disturbances and other pollution occurrence items.
Subrecipient should review existing policies to determine if lead contamination is covered. If it is
not, Subrecipient should consider securing adequate coverage for all construction projects.
Additional liability insurance costs may be paid from administrative funds. The Department
strongly recommends the Subrecipient require their contractors to carry pollution occurrence
insurance to avoid being liable for any mistakes the contractors may make. Each agency
should get a legal opinion regarding the best course to take for implementing the pollution
occurrence insurance coverage.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court
or administrative agency against Subrecipient and arising out of the performance of this Contract or
any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers
received by Subrecipient with respect to such action or claim.
SECTION 19. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the
terms of this Contract. Installation of weatherization materials shall be in accordance with the
current adopted versions of Standard Work Specifications ("SWS")and IRC specifications.
B. Department or its designee may conduct on and off-site monitoring, which may include remote
monitoring, and evaluation of Subrecipient's compliance with the terms of this Contract.
Department's monitoring may include a review of the efficiency, economy, and efficacy of
Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies
noted during such monitoring. Department may provide training and technical assistance to
Subrecipient in correcting the deficiencies noted. Department may require corrective action to
remedy deficiencies noted in Subrecipient's accounting, personnel, procurement, and
management procedures and systems in order to comply with State or Federal requirements.
Department may conduct follow-up in-person or remote monitoring to review the previously
noted deficiencies and to assess the Subrecipient's efforts made to correct them. Repeated
deficiencies may result in disallowed costs. Department may terminate or suspend this
Contract or invoke other remedies Department determines to be appropriate in the event
monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to
correct any deficiency within a reasonable period of time, as determined by the Department.
Department or its designee may conduct an ongoing program evaluation throughout the
Contract Term.
SECTION 20. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal
authority to enter into this Contract, to receive and manage the funds authorized by this
Contract, and to perform the services Subrecipient has obligated itself to perform hereunder.
The execution, delivery, and performance of this Contract will not violate Subrecipient's
constitutive documents or any requirement to which Subrecipient is subject and represents the
legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms.
Page 13 of 42
B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby
warrants that he/she has been authorized by Subrecipient's governing board to execute this
Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to all terms,
provisions and performances herein.
C. TERMINATION; LIABILITY. Department shall have the right to suspend or terminate this
Contract if there is a dispute as to the legal authority of either Subrecipient or the person signing
this Contract on behalf of Subrecipient, to enter into this Contract or to render performances
hereunder. Subrecipient is liable to Department for any money it has received from Department
for performance of the provisions of this Contract, if the Department has terminated this
Contract for reasons enumerated in this Section 20.
D. MERGER; DEFAULT. Subrecipient understands that it is an event of default under this
Contract if the Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to
maintain good standing in the State of Texas, and such is not cured prior to causing material
harm to Subrecipient's ability to perform under the terms of this Contract.
SECTION 21. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the
WAP Act, the WAP Regulations, the LIHEAP Regulations, any applicable Office of Management
and Budget ("OMB") Circulars, the Texas DOE WAP State Plan, LIHEAP State Plan, the State
Act, the State Rules, the certifications attached, and all federal, state, and local laws and
regulations applicable to the performance of this Contract. Subrecipient shall not violate any
federal, state, or local laws, stated herein or otherwise, nor commit any illegal activity in the
performance of or associated with the performance of this Contract. No funds under this
Contract shall be used for any illegal activity or activity that violates any federal, state or local
laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract
and the "Certification Regarding Drug-Free Workplace Requirements" attached hereto as
Addendum B that it is implementing the Drug-Free Workplace Act of 1988 (41 U.S.C. §701, et
seq) and HUD's implementing regulations including, without limitation, 2 CFR Parts 182 and
2429.
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipient must provide program applications,
forms, and educational materials in English, Spanish, and any appropriate language, based on
the needs of the Service Area and in compliance with the requirements in Executive Order
13166 of August 11, 2000 of August 11, 2000. To ensure compliance, the Subrecipient must
take reasonable steps to insure that persons with LEP have meaningful access to the program.
Meaningful access may entail providing language assistance services, including oral and
written translation, where necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS
1. General. Subrecipient shall comply with the information security and privacy requirements
under 10 TAC §1.24 to ensure the security and privacy of Protected Information (as said
term is defined under 10 TAC §1.24).
2. Information Security and Privacy Agreement ("ISPA"). Prior to beginning any work under this
Contract, Subrecipient shall either (i) have an effective, fully executed ISPA, as required by
10 TAC §1.24, on file with the Department, or (ii) will execute and submit to the Department
an ISPA in accordance with instructions found on the Department's website at the
"Information Security and Privacy Agreement" link.
Page 14 of 42
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section
106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.).
If Subrecipient or its contractor or subcontractor engages in, or uses labor recruiters, brokers
or other agents who engage in any of the prohibited activities under Section 106(g) of the
Trafficking Victims Protection Act of 2000, Department may terminate this Contract and
Subrecipient hereby agrees and acknowledges that upon termination, Subrecipient 's rights to
any funds shall be terminated.
F. PROHIBITED EXPENDITURES ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT.
1. General. Pursuant to 2 CFR §200.216, Subrecipient and its contractors are prohibited from
using funds under this Contract for equipment, services, or systems that use the following
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system in accordance
with Section 889 of Public Law 115-232 (National Defense Authorization Act 2019):
a) Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities.
b) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
c) Telecommunications or video surveillance services provided by such entities or
using such equipment.
d) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
2. Subcontracts. Subrecipient must incorporate this prohibition in any contract and require its
contractors to incorporate this requirement into any contract.
G. CYBERSECURITY TRAINING PROGRAM.
1. Subrecipient represents and warrants its compliance with Section 2054.5191 or 2054.5192
of the Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or
database.
2. If Subrecipient has access to any state computer system or database, Subrecipient shall
complete cybersecurity training and verify completion of the training program to the
Department pursuant to and in accordance with Section 2054.5192 of the Government
Code.
H. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW. Subrecipient represents
and warrants its compliance with 2 CFR §200.113 which requires the disclosure in writing of
violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain
civil, criminal, or administrative proceedings to SAM.
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I. DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS, CHARIABLE
TRUSTS, AND PRIVATE FOUNDATIONS. Subrecipient represents and warrants that it will
comply with Section 2252.906 of the Texas Government Code relating to disclosure protections
for certain charitable organizations, charitable trusts, and private foundations.
J. EXECUTIVE HEAD OF STATE AGENCY AFFIRMATION. In accordance with Section
669.003 of the Texas Government Code, relating to contracting with the executive head of a
state agency, Subrecipient certifies that it is not (1) the executive head of a state agency, (2) a
person who at any time during the four years before the date of the Contract was the executive
head of a state agency, or (3) a person who employs a current or former executive head of a
state agency.
K. PROCUREMENT OF RECOVERED MATERIALS. Subrecipient represents and warrants that
it will comply with the requirements of Section 6002 of the Solid Waste Disposal Act (Chapter
361 of the Texas Health & Safety Code, formerly Tex. Rev. Civ. Stat. Ann. Art. 4477-7), as
amended by the Resource Conservation and Recovery Act.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas
Government Code which requires that suspected fraud and unlawful conduct be reported to the
State Auditor's Office.
B. Subrecipient shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP and to
provide for the proper and effective management of all program and fiscal activities funded by
this Contract. Subrecipient's internal control systems and all transactions and other significant
events must be clearly documented and the documentation made readily available for review by
Department.
C. Subrecipient shall give Department complete access to all of its records, employees, and
agents for the purpose of monitoring or investigating the WAP. Subrecipient shall fully
cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and
abuse. Subrecipient shall immediately notify the Department of any identified instances of
waste, fraud, or abuse.
D. Subrecipient may not discriminate against any employee or other person who reports a
violation of the terms of this Contract or of any law or regulation to Department or to any
appropriate law enforcement authority, if the report is made in good faith.
SECTION 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract,
Subrecipient hereby certifies that Subrecipient, or a branch, division, or department of Subrecipient
does not and will not knowingly employ an undocumented worker, where "undocumented worker"
means an individual who, at the time of employment, is not lawfully admitted for permanent
residence to the United States or authorized under law to be employed in that manner in the United
States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of
Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the
public subsidy with interest, at a rate of five percent (5%) per annum, not later than the one
hundred-twentieth (120th) day after the date the Department notifies Subrecipient of the violation.
Page 16 of 42
SECTION 24. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or
administration of a contract supported by federal funds if a real or apparent conflict of interest
would be involved. Such a conflict would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization which employs or
is about to employ any of the parties indicated herein, has a financial or other interest in the firm
selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties to subagreements.
Subrecipient may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct shall provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the Subrecipient.
D. Subrecipient shall, in addition to the requirements of this Section 24, follow the requirements of
Chapter 171 of the Local Government Code regarding conflicts of interest of officers of
municipalities, counties, and certain other local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standards
is a condition of default under this Contract and may result in termination of this Contract or
deobligation of funds.
F. Subrecipient represents and warrants that performance under the Contract will not constitute
an actual or potential conflict of interest or reasonably create an appearance of impropriety.
Further, Subrecipient represents and warrants that in the administration of the grant, it will
comply with all conflict of interest prohibitions and disclosure requirements required by
applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code.
If circumstances change during the course of the Contract, Subrecipient shall promptly notify
Department.
SECTION 25. POLITICAL ACTIVITY AND LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure. This prohibition shall not be
construed to prevent any state official or employee from furnishing to any member of its
governing body upon request, or to any other local or state official or employee, or to any
citizen, information in the hands of the employee or official not considered under law to be
confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in
any other way fund or support candidates for the legislative, executive, or judicial branches of
government, the State of Texas, or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award governed by the Byrd
Anti-Lobbying Amendment (31 U.S.C. §1352) as the Development Owner and each of its tiers
have certified by their execution of the "Certification Regarding Lobbying for Contracts, Grants,
Loans, and Cooperative Agreements" attached hereto as Addendum A and incorporated herein
for all relevant purposes.
Page 17 of 42
D. Subrecipient represents and warrants that Department's payments to Subrecipient and
Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited by
Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
SECTION 26. NON-DISCRIMINATION, EQUAL ACCESS AND EQUAL OPPORTUNITY
A. DISCRIMINATION PROHIBITED. In accordance with Section 2105 of the Texas Government
Code, Subrecipient represents and warrants that it will not use block grant funds in a manner
that discriminates on the basis of race, color, nation origin, sex or religion.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive Order 11246 of
September 24, 1965, as amended, and its implementing regulations at 41 CFR Part 60.
C. REASONABLE ACCOMODATIONS. Subrecipients shall operate each program or activity
receiving financial assistance so that the program or activity, when viewed in its entirety, is
readily accessible and usable by individuals with disabilities. Subrecipient is also required to
provide reasonable accommodations for persons with disabilities.
D. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the
Rehabilitation Act of 1973 (5 U.S.C. §794) Titles II and III of the Americans with Disabilities Act
(42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and 255) as implemented by U. S.
Department of Justice at 28 CFR Parts 35 and 36.
E. AGE DISCRIMINATION. Subrecipient must comply with the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-6107).
F. SUBCONTRACTS. Subrecipient will include the substance of this Section 26 in all
subcontracts.
SECTION 27. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. Training and technical assistance funds shall be used for State sponsored LIHEAP training,
federal sponsored LIHEAP training, and other relevant workshops and conferences provided
the agenda includes topics directly related to administering WAP. For training and technical
assistance other than State or LIHEAP sponsored, Subrecipient must receive prior written
approval from the Department.
B. Travel funds are to be used only for Department-approved training events. Subrecipient shall
adhere to either its board-approved travel policy (not to exceed the amounts established in
subchapter I of Chapter 57 of Title 5, United States Code 'Travel and Subsistence Expenses;
Mileage Allowances'), or in the absence of such a policy, the State of Texas travel policies
under 10 TAC §1.408. Subrecipient's written travel policy shall delineate the rates which
Subrecipient shall use in computing the travel and per diem expenses of its board members
and employees.
Page 18 of 42
SECTION 28. DEBARRED AND SUSPENDED PARTIES; EXCLUDED PARTIES
A. DEBARRED AND SUSPENDED. By signing this Contract, Subrecipient certifies that none of
its principal employees, board members, agents, or contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal
department or agency as provided in the Certification Regarding Debarment, Suspension and
Other Responsibility Matters attached hereto as Addendum D and incorporated herein for all
relevant purposes. The terms "covered transaction", "debarred", "suspended", "ineligible",
"lower tier covered transaction", "participant", "person", "primary covered transaction",
"principal", "proposal", and "voluntarily excluded", as used in the certification attached as
Addendum D, have the meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. Subrecipient also certifies that it will not knowingly award
any funds provided by this Contract to any person who is proposed for debarment under 48
CFR Part 9, Subpart 9.4 or that is debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549.
Subrecipient agrees that prior to entering into any agreement with a potential subcontractor that
the verification process to comply with this requirement will be accomplished by checking the
System for Award Management ("SAM") at www.sam.gov and including a copy of the results in
its project files. After said verification, Subrecipient may decide the frequency by which it
determines the eligibility of its subcontractors during the term of the subcontractor's agreement
except that Subrecipient must verify at the start of a new contract or with the award of additional
funding. Subrecipient may subsequently rely upon a certification of a subcontractor that is not
proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless Subrecipient knows that the
certification is erroneous. Failure of Subrecipient to furnish the certification attached hereto as
Addendum D or an explanation of why it cannot provide said certification shall disqualify
Subrecipient from participation under this Contract. The certification or explanation will be
considered in connection with the Department's determination whether to continue with this
Contract. Subrecipient shall provide immediate written notice to Department if at any time
Subrecipient learns that the certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. Subrecipient further agrees by executing this
Contract that it will include the certification provision titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum D,
without modification, and this language under this Section 28, in all its subcontracts.
B. EXCLUDED PARTIES. By signing this Contract, Subrecipient further certifies that it is not
listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property
and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support
Terrorism", published by the United States Department of the Treasury, Office of Foreign
Assets Control.
SECTION 29. NO WAIVER
A. RIGHT OR REMEDY. Any right or remedy given to Department by this Contract shall not
preclude the existence of any other right or remedy, nor shall any action taken in the exercise of
any right or remedy be deemed a waiver of any other right or remedy. The failure of Department
to exercise any right or remedy on any occasion shall not constitute a waiver of Department's
right to exercise that or any other right or remedy at a later time.
B. SOVEREIGN IMMUNITY. The Parties expressly agree that no provision of the Contract is in
any way intended to constitute a waiver by the Department or the State of Texas of any
immunities from suit or from liability that the Department or the State of Texas may have by
operation of law.
Page 19 of 42
SECTION 30. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the Parties relating to the subject matter of this
Contract have been reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute
promised performances under this Contract:
(1) Addendum A - Certification Regarding Lobbying for Contracts, Grants, Loans, and
Cooperative Agreements
(2) Addendum B -Certification Regarding Drug-Free Workplace Requirements
(3) Addendum C-Certification Regarding Environmental Tobacco Smoke
(4) Addendum D - Certification Regarding Debarment, Suspension and Other Responsibility
Matters
(5) Addendum E - PRWORA Requirements
(6) Exhibit A- Budget and Performance Statement
(7) Exhibit B- LIHEAP Priority List
SECTION 31. HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required
to comply with the requirements of Section 106 of the National Historic Preservation Act (16 U.S.C.
§470) (NHPA). The Department has provided guidance through the best practice document posted
on the Department's website at http://www.tdhca.state.tx.us/community-
affai rs/wap/docs/WAP-BP-HistoricPresFlowchart.pdf.
SECTION 32. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any
Subrecipient's employees who use alcoholic beverages while on active duty, for travel expenses
expended for alcoholic beverages, or for the purchase of alcoholic beverages.
SECTION 33. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities
such as worship, religious instruction or prose lytization, and must be for the benefit of persons
regardless of religious affiliation. If Subrecipient conducts such activities, the activities must be
offered separately, in time or location, from the programs or services funded with direct financial
assistance from Department, and participation must be voluntary for beneficiaries of the programs
or services funded with such assistance. Subrecipient shall comply with the regulations
promulgated by the HHS at 45 CFR§87.2.
SECTION 34. APPEALS PROCESS
In compliance with the WAP Act, Subrecipient must provide an opportunity for a fair administrative
hearing to individuals whose application for assistance is denied, terminated or not acted upon in a
timely manner, according to 10 TAC §6.8.
SECTION 35. OPEN MEETINGS
If the Subrecipient is a governmental entity, Subrecipient represents and warrants its compliance
with Chapter 551 of the Texas Government Code, which requires all regular, special or called
meetings of a governmental body to be open to the public, except as otherwise provided by law.
Page 20 of 42
SECTION 36. SPECIAL CONDITIONS
Subrecipient shall accept applications for WAP benefits at sites that are geographically accessible
to all Households in the Service Area. Subrecipient shall provide Elderly Persons and Persons with
Disabilities who cannot independently travel to the application site the means to submit applications
for WAP benefits without leaving their residence or by securing transportation for them to the sites
that accept such applications.
SECTION 37. VETERAN IDENTIFICATION IN PROGRAM APPLICATIONS
The program applications must provide a space for applicants to indicate if they are a veteran as
required by Section 434.212 of the Texas Government Code. In addition, the application must
include the following statement: "Important Information for Former Military Services Members.
Women and men who served in any branch of the United States Armed Forces, including Army,
Navy, Marines, Coast Guard, Reserves or National Guard, may be eligible for additional benefits
and services. For more information please visit the Texas Veterans Portal at
hftps://veterans.portal.texas.gov/.
SECTION 38. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Subrecipient represents and warrants that if this Contract involves construction of a project, it will
comply with the requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3701-3708)for contracts involving employment, as applicable.
SECTION 39. FORCE MAJURE
An equitable adjustment will be made for delay or failure to perform hereunder if:
A. Any of the following events occurs:
(1) Catastrophic weather conditions or other extraordinary elements of nature or acts of God;
(2) Acts of war(declared or undeclared);
(3) Acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; or
(4) Quarantines, disease pandemics, embargoes and other similar unusual actions of federal,
provincial, local or foreign Governmental Authorities; and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such
event, and such occurrence could not have been circumvented by reasonable precautions and
could not have been prevented or circumvented through the use of commercially reasonable
alternative sources, workaround plans or other means.
SECTION 40. ALTERNATIVE DISPUTE RESOLUTION
The dispute resolution process provided in Chapter 2009 of the Texas Government Code is
available to the parties to resolve any dispute arising under the Contract. If at any time the
Subrecipient would like to engage Department in an ADR procedure, the Subrecipient may send a
proposal to Department's Dispute Resolution Coordinator. For additional information on
Department's ADR policy, see Department's Alternative Dispute Resolution and Negotiated
Rulemaking at 10 TAC §1.17.
SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements,
terms, and conditions of this Contract.
SECTION 42. SEVERABILITY
If any portion of this Contract is held to be invalid by an administrative tribunal or a court of
competent jurisdiction, the remainder of it shall remain valid and binding.
Page 21 of 42
SECTION 43. COUNTERPARTS AND FACSIMILIE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Signed signature
pages may be transmitted by facsimile or other electronic transmission, and any such signature
shall have the same legal effect as an original
SECTION 44. NUMBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the
feminine, and singular words shall include the plural.
SECTION 45. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without
the written consent and agreement of Department, which consent may be withheld in Department's
sole discretion.
SECTION 46. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein
referred to as"Notice Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512)475-2125
Fax: (512)475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Attention: Fernando Costa, Assistant City Manager
Telephone: (817) 392-6122 Fax: (817)392-6134 Email: fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed
by overnight service, or five (5) days after mailing by certified or registered mail, postage
prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in
the above Subsection A of this Section 46.
C. Subrecipient shall provide contact information and required notifications to the Department
through the Contract System in accordance with 10 TAC §1.22 and 10 TAC §6.6.
SECTION 47. VENUE AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this
Contract is fixed in any court of competent jurisdictions of Travis County, Texas.
SECTION 48. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds
expended under this Contract. If copyrighted materials are developed in the under this Contract, the
Department and HHS shall each have a royalty-free, nonexclusive, and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use, the copyrighted work for
government purposes.
Page 22 of 42
SECTION 49. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and
state law, the Department may not enter into this Contract with an "abortion provider" or an
"affiliate" of an abortion provider, as said terms are defined thereunder, if funds under this
Contract are appropriated from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of
any funds under this Contract from state or local tax revenue, it is eligible to receive said funds,
and that it will not utilize said funds in any way contrary to this Section 49 during the Contract
Term.
SECTION 50. INDEMNIFICATION
SUBRECIPIENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS
AND THE DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND
ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR
OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS,
ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE
CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE
OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT
WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS
ATTORNEY GENERAL. SUBRECIPIENT AND DEPARTMENT AGREE TO FURNISH TIMELY
WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
EXECUTED to be effective on January 01, 2022
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Robert Wilkinson
Title: Its duly authorized officer or representative
Date: February 16, 2022 7:55 am
Page 23 of 42
[Executed effective as of January 01, 2022.] / [ACCEPTED AND AGREED:]
City:
By:
Name: Fernando Costa
Title: Assistant City Manager
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By: performance and reporting requirements.
Name: Victor Turner
Title: Director Neighborhood Services
,4,,44
By:
Amy C o (Feb'16,2022 14:56 CST)
Approved as to Form and Legality: Name: Amy Connolly
Title: Assistant Director,Neighborhood Senices
By: City Secretary:
Name: Taylor Paris
Title: Assistant City Attorney
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By: Jannette S.Goodall(Feb 22,2022 19:01 CST)
Contract Authorization: Name: Jannette S. Goodall aoo4nnu��
M&C: 21-0969 Title: City Secretary O�F�Rrkaa
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS,AND COOPERATIVE AGREEMENTS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly. This certification is material representation of fact on which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, of the U.S. Code. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than Ten Thousand and No/100 Dollars ($10,000.00)
and not more than One Hundred Thousand and No/100 Dollars ($100,000.00) for each
such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this commitment providing for the
United States to insure or guarantee a loan, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission
of this statement is a prerequisite for making or entering into this transaction imposed by Section
1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a
civil penalty of not less than Ten Thousand and No/100 Dollars ($10,000.00) and not more than
One Hundred Thousand and No/100 Dollars ($100,000.00)for each such failure.
Page 24 of 42
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 25 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
ADDENDUM B
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988:
45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a
Federal agency may designate a central receipt point for STATE-WIDE AND STATE
AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the Department
of Health and Human Services, the central point is: Division of Grants Management and
Oversight, Office of Management and Acquisition, Department of Health and Human Services,
Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will-
(1)Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten (10) calendar days after receiving notice under
paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notice shall
include the identification number(s)of each affected grant;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted-
Page 26 of 42
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;
or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific
grant] (include street address, city, county, state, zip code):
City of Fort Worth
200 Texas Street Annex, 3rd Floor
Fort Worth, TX 761026312
Workplace identifications must include the actual address of buildings (or parts of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used
(e.g., all vehicles of a mass transit authority or State highway department while in operation,
State employees in each local unemployment office, performers in concert halls or radio
studios). If Subrecipient does not identify the workplaces at the time of application, or upon
award, if there is no application, the Subrecipient must keep the identity of the workplace(s) on
file in its office and make the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the Subrecipient's drug-free workplace
requirements.
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, Department,
in addition to any other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 27 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act
of 1994, requires that smoking not be permitted in any portion of any indoor routinely owned or
leased or contracted for by an entity and used routinely or regularly for provision of health, day
care, education, or library services to children under the age of eighteen (18), if the services are
funded by Federal programs either directly or through State or local governments, by Federal
grant, contract, loan, or loan guarantee. The law does not apply to children's services provided
in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of
facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the
law may result in the imposition of a civil monetary penalty of up to One Thousand and No/100
Dollars ($1,000.00) per day and/or the imposition of an administrative compliance order on the
responsible entity by signing and submitting this Contract the Subrecipient certifies that it will
comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be
included in any subawards which contain provisions for the children's services and that all
subgrantees shall certify accordingly.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 28 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three (3) year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
section (b)of this certification;
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local)terminated for cause or default; and
(e) Will submit to the Department information about each proceeding that occurs during this
Contract Term or during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most resent five year period; and
(3) Is one of the following:
i. A criminal proceeding that resulted in a conviction, as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of Five Thousand
and No/100 Dollars ($5,000.00)or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and
liability and your payment of either a monetary fine or penalty of Five Thousand and
No/100 Dollars ($5,000.00) or more or reimbursement, restitution, or damage in
excess of One Hundred Thousand and No/100 Dollars ($100,000.00); or
iv. Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described in this section (e) paragraph (3) items
(i)- (iii)of this award term and condition;
Page 29 of 42
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information about
the proceeding does not conflict with applicable laws and regulations
(4) For purposes of section (e)of this certification the following definitions apply:
i. An "administrative proceeding" means a non judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities and
Exchange Commission Administrative proceedings, Civilian Board of Contract
Appeals proceedings, and Armed Services Board of Contract Appeals proceedings).
This includes proceedings at the Federal and State level but only in connection with
performance of a Federal contract or grant. It does not include audits, site visits,
corrective plans, or inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or
conviction of a criminal offense by any court of competent jurisdiction, whether
entered upon a verdict or a plea, and includes a conviction entered upon a plea of
nolo contendere.
Where the undersigned Subrecipient is unable to certify to any of the statements in this
certification, such Subrecipient shall attach an explanation of why it cannot provide said certification
to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Subcontracts/Lower Tier Covered Transaction," without modification, in all subcontracts
and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 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]
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the
Department awards the grant. If it is later determined that Subrecipient knowingly rendered an
erroneous certification, in addition to any other remedies available to the Federal Government, the
Department may terminate this Contract for cause or default.
Page 30 of 42
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 31 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
ADDENDUM E
PRWORA REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying
for LIHEAP funds is a qualified recipient for funding under the Personal Responsibility and Work
Opportunity Act of 1996, ("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8
U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to
public benefits based on immigration status. This includes activities that: (1) deliver in-kind services
at the community level, (2) are necessary for the protection of life or safety, and (3) do not condition
the provision of assistance on the applicant's income or resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general
purpose government that administers "federal public benefit programs" is required to determine,
and to verify, the individual's alienage status before granting eligibility (8 U.S.C. §1642 (a) and (b)).
Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's
immigration or naturalization documentation that contains the information (e.g., alien registration
number) required by the SAVE Program;
(b) Physically examine the documentation presented by the applicant and determine whether the
document(s) reasonably appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to
Subrecipient requests for verification of immigration or naturalized or derived citizenship status
information, including (1) information from the applicant's immigration or naturalization
documentation for initial automated verification, (2) additional information obtained from the alien's
immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional
verification. For manual only verification, ensure that Forms G-845 and other documents and
information required for manual verification are provided;
Page 32 of 42
(d) Ensure that, prior to using the Verification Information System, all employees designated by
Subrecipient to use SAVE on behalf of the Subrecipient ("Users") performing verification
procedures complete SAVE required training including: reading the SAVE Program Guide, taking
the latest version of Web tutorial(s), http://www.uscis.gov/save/what-save/save-webinars, and
maintaining a working knowledge of requirements contained therein and in this Contract as
updated. Documentation of training must be maintained by the Subrecipient for monitoring review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to
perform verification procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in
the SAVE Program Guide, web-based tutorial, this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE
Program and SAVE Monitoring and Compliance. Contact information can be found at
https://www.uscis.gov/e-verify/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 HowToCorr
ectYourRecordswithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online
Resources);
(I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other
applicable laws, regulations, and policies, including but not limited to all OMB and DHS privacy
guidance, in conducting verification procedures pursuant to this Contract, and in safeguarding,
maintaining, and disclosing any data provided or received pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use
of the SAVE Program based upon the national origin, color, race, gender, religion, or disability of the
applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with adequate written notice of the denial and the information necessary to contact
DHS-USCIS so that such individual may correct their records in a timely manner, if necessary. A
Fact Sheet that includes the process by which applicants may contact DHS-USCIS is posted at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorr
ectYourRecordswithUSCIS.pdf, (subject to revision and reposting on the SAVE Website and Online
Resources);
Page 33 of 42
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE
response with the opportunity to use the Subrecipient's existing process to appeal the denial and to
contact DHS-USCIS to correct their records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment
eligibility verification requirements of Section 274A of the Immigration and Nationality Act, 8 U.S.C.
§1324a.
(2) Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and
documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by the
Subrecipient, including, but not limited to original applicant consent documents required by the
Privacy Act, 5 U.S.C. §552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a
violation of this agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe
an information breach has occurred as a result of User or Subrecipient action or inaction pursuant
to Office of Management and Budget ("OMB") Memorandum M-07-16, "Safeguarding Against and
Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and
documents related to the use, abuse, misuse, fraudulent use or improper use of SAVE by any
User, including, but not limited to original applicant consent documents required by the Privacy Act,
5 U.S.C. §552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site
visits to review Subrecipient's compliance with this Addendum E and all other SAVE-related policy,
procedures, guidance and law applicable to conducting verification and safeguarding, maintaining,
and disclosing any data provided or received pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's
User Ids use and access, SAVE Training Records, SAVE financial records, SAVE biographical
information, system profiles and usage patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any
and all contact persons or other personnel within the Subrecipient's organization or relevant
contractors regarding any and all questions or problems which may arise in connection with the
Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage
and to assist SAVE users as necessary to ensure compliance with the terms of this Addendum E
and the SAVE Program requirements by its authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and
recommendations on every written finding including but not limited to those of the Department or
SAVE Monitoring and Compliance regarding waste, fraud, and abuse, and discrimination or any
misuse of the system, non-compliance with the terms, conditions and safeguards of this
Addendum E, SAVE Program procedures or other applicable law, regulation or policy; and
Q) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal
service address, physical address, name and telephone number Users authorized representative
for any notifications, questions or problems that may arise in connection with Users participation in
SAVE and with notification of changes in the benefit offered by the User.
Page 34 of 42
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose
permitted by law, including, but not limited to, the prosecution of violations of Federal administrative
or criminal law.
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed
by the Privacy Act, 5 U.S.C. §552a(i)(1), and that any person who obtains this information under
false pretenses or uses it for any purpose other than as provided for in this Contract may be
subject to criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or
action by third parties arising out of or related to the execution and/or performance of this Contract,
whether civil or criminal, and retain responsibility for the payment of any corresponding liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, the State of Texas, its agencies, officers, or employees, or the
Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512)475-2125
Email: michael.deyoung(a�tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888)464-4218
Email: saveregistration(Ddhs.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(@dhs.gov
Page 35 of 42
(6) Certification.
The undersigned hereby certifies to the Department that all information herein is true and correct to
the best of their knowledge and belief. The purpose of this statement is to certify that City of Fort
Worth (Subrecipient):
❑ Is NOT a private nonprofit charitable organization and is an entity created by State Statute
and affiliated with a state or governmental entity (such as a housing finance agency, public
housing authority, unit of local government, council of governments, county, etc.)
Certification must have the signature from a representative with authority to execute
document on the Subrecipient's behalf.
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly
and willingly making a materially false, fictitious, or fraudulent statement or entry in any matter
under the jurisdiction of the federal government (18 U.S.C. Sec. 1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2022 6:10 pm
Page 36 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 763,104.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$ 2,000.00 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$ 763,104.00 TOTAL ANTICIPATED LIHEAP FUNDS
$ 2,000.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended
during the current Contract Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES FUNDS
Administration $ 55,164.00
Materials / Program Support/Labor $ 566,352.00
Health and Safety $ 141,588.00
SUB-TOTAL $ 763,104.00
Training and Technical Assistance $ 2,000.00
TOTAL $ 765,104.00
Page 37 of 42
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
' 1 Denotes that the Subrecipient must request in writing any adjustment needed to a budget
category before the Department will make any adjustments to the budget categories. The only
categories that can be reduced are the Administrative, Training and Technical Assistance
and/or the Health and Safety categories. Subrecipient is limited to two (2) requested budget
revisions during the current Contract Term. Only those written request(s) from the
Subrecipient received at least forty-five (45) days before the end of the Contract Term
will be reviewed. The Department may decline to review written requests received
during the final forty-five (45) calendar days of the Contract Term.
2 Denotes maximum for Administrative based on 7.21% of total allowable expenditures.
s Expenses incurred under Roof Repair will come out of your Materials / Program Support /
Labor budget.
4 Denotes the maximum allowed for Health and Safety expenditures.
5 Department approved training/travel only.
PERFORMANCE
Work orders must be submitted to weatherization contractors no later than December 30, 2022 for
any weatherization activities to be completed under this Contract. All weatherization activities
including final inspection must be completed no later than December 31, 2022.
Subrecipient may incur costs associated with the closeout of this Contract. These activities include
but are not limited to: payment of invoices, and quality assurance activities for a period not to
exceed forty-five (45) days from the end of the Contract Term defined in Section 2 of this Contract.
These costs shall be reported on the final report described in Section 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the funds under
this Contract during the Contract Term. WAP costs per unit (materials, labor, and program
support), excluding health and safety expenses, shall not exceed Eleven Thousand and No/100
Dollars ($11,000.00) per unit without prior written approval from the Department. The cumulative
total cost per unit (materials, labor, and program support), shall not exceed the maximum allowable
by end of the Contract Term.
Page 38 of 42
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81220003605
FY 2022 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION
ASSISTANCE PROGRAM (CFDA#93.568)
EXHIBIT B
LIHEAP PRIORITY LIST
For Single-Family, Mobile Homes, and Small Multi-Family Buildings
City of Fort Worth
a political subdivision of the State of Texas
An energy conservation measure ("ECM") may include contributory items necessary for the proper
installation of that ECM. The installed cost of all contributory items, associated with the proper
installation, cannot exceed the cost of the individual ECM cost. Both the contributory and ECM
costs are to be wrapped for the total ECM cost.
Contributory Item: Items required by WAP field standards to achieve a final product in a typical
installation. Contributory items must be necessary to complete the proper installation and ensure
proper performance of the ECM.
Incidental Repair is defined as: repairs necessary on items for the effective preservation of
weatherized materials.
Instructions for Priority List:
1. Perform the Major Measures in order as they appear on the list below. Documentation must
be provided if a Major Measure is not addressed, or end result is not achieved.
If the unit does not meet required criteria, then Major Measures have not been completed
adequately and additional work must be considered and/or completed.
Subrecipient CANNOT perform any Secondary measures until ALL criteria for
Major Measures have been adequately addressed installed.
If Subrecipient does NOT meet or exceed the required criteria for major measures
consistently across program years, future L/HEAP Weatherization contracts for
Subrecipient could be restricted on the installation of secondary measures.
2. Once Major Measures have been adequately addressed, any of the Secondary Measures may
be addressed in any order according to the professional judgment of the Subrecipient staff.
- Decisions should be based on what is best for each individual client and unit and what has
the best potential energy savings impact for that household, while maximizing allowable
program expenditures.
Major Measures
1. Health & Safety
a. Households that have a pregnant woman - Window screens/Solar screens to help
prevent exposure to the Zika Virus.
b. Must meet ASHRAE62.2-2016 Standard.
Page 39 of 42
c. Refer to H&S guidance located on the Department website at the following link:
http://www.tdhca.state.tx.us/community-affairs/wap/guidance.htm
d. To include cook stoves- refer to Chapter 8 of the MISM
http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-M ISM.pdf
2. Air Infiltration
a. NO MAXIMUM COST LIMITATION.
b. All costs (labor and materials) must be detailed on the Building Weatherization Report
(BWR).
c. Complete current Blower Door Data Sheet as instructed.
d. At Subrecipient Final Inspection, MUST MEET or EXCEED the Blower Door Target for
seventy-five percent (75%)of houses weatherized.
3. Duct Sealing
a. NO MAXIMUM COST LIMITATION.
b. All return ducts to be sealed regardless of location.
c. All supply ducts to be sealed when in unconditioned space.
d. At Subrecipient Final Inspection, MUST MEET or EXCEED Duct Blaster Target (With
Reference to Outside)in seventy-five percent (75%)of Homes Weatherized.
4. Attic Insulation
a. If existina insulation is assessed as R27 or below. must insulate to meet current code.
b. Block all heat sources &attic hatches.
c. If no insulation is added but ventilation needed, install ventilation under H&S.
5. Wall Insulation
a. Check all exterior walls for existing insulation levels.
i. If adequately insulated, document and proceed to next measure.
ii. If not adequately insulated, dense pack applicable wall cavities, including above
and below all windows and doors.
6. Floor Insulation
a. If addressed, must follow current code.
b. Vapor barrier always required.
c. Follow OSHA accessibility standards.
7. Refrigerator
a. Meter for minimum of 30 minutes.
b. Units fifteen (15) years old or more can be replaced without metering, as long as
manufactured year is documented.
c. Replaced units must be de-manufactured properly, materials must be recycled and
refrigerant properly disposed of in accordance with EPA regulations.
Secondary Measures
• Low-Cost Measures
a. Water Savers-aerators and low flow showerheads.
b. Water heater tank/pipe insulation.
c. Install maximum of 10 CFLs/LEDs per house.
• Smart Thermostat
a. Install only after consultation/training with client.
• Solar Screens/Window Film
a. Install in the following order:
i. West, South, East, then North side of house.
b. If the windows are covered by any permanent shading structure, then solar
screens/window film cannot be installed on that window.
Page 40 of 42
• Incidental Repairs
a. Maximum expenditure allowed is Five Hundred and No/100 Dollars ($500.00).
b. Must be related to weatherization measure.
c. Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor
window and door repair, gutters, downspouts, paint, stains, and sealants.
d. Regarding mobile homes, could include mobile home skirting and overhangs to protect
mobile home doors.
e. Could also include carpentry work to protect water heaters located outside to protect
DWH from weather elements.
f. Repair of"essential wiring"
g. Could include roof, wall, and floor repair; excluding leveling.
i. Essential wiring defined as any wiring going directly to an appliance that is being
addressed by the WX program.
• HVAC/Evaporative Cooler Replacement
a. Complete replacement of furnace/AC/HVAC as energy efficiency measure is possibility.
i. Must meet current Energy Star rating for complete system replacement (see
guidance below for component only replacement).
ii. Must document accurate Manual J and Manual S in client file;
iii. HVAC units with a SEER or downgraded SEER of 11 or less should be replaced.
Documentation of the downgraded formula should be in the client file as part of the
assessment;
iv. Central heating units with an Annual Fuel Utilization Efficiency ("AFUE") or
downgraded AFUE of sixty-five percent (65%) or less should be replaced with a
high efficiency unit not less than ninety percent (90%) AFUE. Documentation of the
downgraded formula should be in the client file as part of the assessment;
v. Resistance central heating units, if the cooling side meets replacement criteria,
may be replaced with a complete central heat pump system. Documentation of
degraded cooling unit SEER and age of heating unit should be in the client file as
part of the assessment;
vi. The replacement of AC only components of the HVAC system in cases where the
existing furnace does not meet the degraded AFUE will be allowed if the following
criteria is met:
1. The components have a valid AHRI rating.
2. Components are either Energy Star Rated or documentation is present in the
client file from the HVAC contractor stating the reason Energy Star rating
cannot be obtained. If Energy Star ratings are not obtained the components
must:
a. Increase the degraded SEER rating of the existing equipment by a
minimum of 3 SEER.
b. Be the highest AHRI rated components available with a minimum SEER
rating of 14 SEER.
b. Repair of central system is potentially allowable. Justification for the repair must be
documented in the client file. Repair can include, but is not limited to:
i. Clean and tune.
ii. Clean Evaporative and Condensing coils.
iii. Check/adjust gas pressure.
iv. Clean blower wheel (squirrel cage).
v. Check all controls, set heat anticipator if applicable.
c. Change and leave up to twelve (12) new air filters.
d. No replacement of window air-conditioners if a central system is replaced or repaired to
working order.
Page 41 of 42
e. Replacement of window air conditioners.
i. Maximum of three (3)window units can be replaced.
ii. Must be Energy Star Rated and sized according to manufacturer's room sizing
specifications.
iii. Mini split replacement options for units with inefficient or oversized window units
will be considered on a case by case basis with Department approval. In order to
receive Department approval, Subrecipient must provide the following:
1. Billing history information to verify the need.
2. Window unit plate information to include age, rated efficiency, maintenance
factor/condition, and BTU size.
3. Brief synopsis of the auditors reasoning for the mini split consideration.
4. Unit drawing showing the coverage of each window unit.
5. Type of heating system in the house.
6. Cost information of the replacement system.
7. Other information deemed necessary by the Department to justify window unit
replacement with a mini split system.
• Doors and/or Windows
a. Doors/windows that are structurally unsound or unable to be repaired may be replaced.
b. Prior to replacement, Subrecipient must receive written Department approval. If prior
approval is not received, costs are disallowed.
Page 42 of 42
2/16/22, 1:27 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Foy Wow
Create New From This M&C
DATE: 12/14/2021 REFERENCE **M&C 21- LOG NAME: 19NS TDHCA-LIHEAP
NO.: 0969 2022
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs for the 2022 Low-Income Housing Energy Assistance Program, a
Federally Funded Program Sponsored by the United States Department of Health and
Human Services Designed to Provide Assistance for Low to Moderate Income Residents
to Lower Home Energy Costs, in an Amount Up to $1,200,000.00, Waiving Indirect Costs
of$44,955.00, Authorize Execution of Related Contracts and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of grant funds from the Texas Department of Housing and
Community Affairs in an amount up to $1,200,000.00 for the 2022 Low-Income Housing
Energy Assistance Program;
2. Authorize the execution of related contracts, including any renewals, amendments and
extensions, with the Texas Department of Housing and Community Affairs for the grant
funds;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the amount up to $1,200,000.00, subject to receipt
of the grant; and
4. Waive indirect costs of $44,955.00.
DISCUSSION:
The purpose of this Mayor and Council Communication is to approve acceptance of grant funds that
will be used to assist with weatherization and energy efficiency efforts in the homes of low-income
individuals in the City of Fort Worth (City) and Tarrant County. A contract for services between the
City and the Texas Department of Housing and Community Affairs (TDHCA) will be executed upon
receipt of the contract from TDHCA in Janurary, 2022.
The Weatherization Assistance Program (WAP) has been operated by the City since 1982. The bulk
of the funding for the program comes from the TDHCA through the Low-Income Housing Energy
Assistance Program (LIHEAP), which also administers grant funds from the United States
Department of Energy and the United States Department of Health and Human Services. Additional
funds are supplied by the Texas Association of Community Action Agencies (TACAA), which
administers monies allocated by Oncor Electric Delivery (Oncor) to provide a Low-Income
Weatherization Program that complements the federally funded WAP and provides assistance to
Oncor's low-income customers for energy efficiency measures.
The WAP will utilize LIHEAP grant funding to serve low-income residents in Tarrant County with
household incomes at or below 150\% of Federal Poverty Income Guidelines. WAP will assist these
residents by weatherizing their homes and making them more energy-efficient. TDHCA's LIHEAP will
be administered within existing WAP standards and guidelines, and through various contracts with
subcontractors. Weatherization measures include attic insulation, weather-stripping, caulking, repair
and/or replacement of windows and doors, and other minor repairs. All subcontractors performing any
eligible services for the City will not be paid until work is inspected and approved by Neighborhood
Services Department staff. Administrative costs are restricted to seven percent of the LIHEAP grant
apps.cfwnet.org/council_packet/mc_review.asp?ID=29517&councildate=12/14/2021 1/2
2/16/22, 1:27 PM M&C Review
based on the total allowable expenditures for the LIHEAP. All Weatherization Assistance Program
funding will allow for up to 200 homes to be weatherized through the 2022 grant cycle.
A waiver by the City of indirect costs will maximize program benefits. The LIHEAP grant provides
funding for four full-time positions with estimated direct salaries of$240,016.00. The addition of
indirect costs would result in the reduction of staff and services. The estimated indirect costs that are
being asked to be waived is $44,955.00.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, and adoption of
the attached appropriation ordinances, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. Neighborhood Services (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City.
Prior to expenditures being incurred, Neighborhood Services has the responsibility to validate the
availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID t Year (Chartfield 2)
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Victor Turner (8187)
Additional Information Contact: James Armstrong (7380)
Eric Vodicka (7583)
ATTACHMENTS
19NS TDHCA-LIHEAP 2022 21001.docx (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29517&councildate=l 2/14/2021 2/2