HomeMy WebLinkAboutContract 46568 CITY SECRETARYCWPACT NO.
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA4 93.568)
SECTION 1. PARTIES TO THE CONTRACT
This Low Income Home Energy Assistance Program ("LIIiEAP") Weatherization Assistance Program Contract
("Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official
agency of the State of Texas ("Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient")hereinafter the"Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 04, 2015, and, unless earlier terminated, shall end on December 31, 2015
("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance with the provisions of Part
A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S C. §6861 et seq) ("WAP Act"),
the sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10 C.F.R. Parts 440 and
600("WAP Regulations") as indicated herein, any applicable Office of Management and Budget ("OMB") Circulars,
the Texas WAP State Plan, the "Texas LIHEAP State Plan: the implementing State regulations at Title 10, Part I, Chapter
I and Chapter 5, Subchapters A, E and G of the Texas Administrative Code as amended or supplemented from time to
time ("State Rules"), the Low-Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. §8621 et seq.)
("LIfTEAP Act"),and the implementing regulations codified in 45 C.F.R.Part 96("LIHEAP Regulations").
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 "Budget and Performance Statement" attached hereto as
Exhibit A and incorporated herein for all relevant purposes; the "Personal Responsibility and Work Opportunity Act of
1996("PRWORA") Requirements for the WAP" attached hereto as Exhibit B and incorporated herein for all relevant
purposes; the "LIHEAP Priority List" attached hereto as Exhibit C 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. Subrecipient shall develop and implement the WAP
to assist in achieving a prescribed level of energy efficiency in the dwellings of "Households" as defined in Section 5.2
of the State Rules ("Households") that are "Low-Income" as defined in Section 5.2 of the State Rules ("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" as defined in Section 5.2 of the State Rules ("Elderly Persons"). (2)
"Persons with Disabilities" as defined in Section 5.2 of the State Rules ("Persons with Disabilities"), (3) Households
with young children that are age five (5) or younger, (4) Households with a "High Energy Burden" as defined in
Section 5.2 of the State Rules ("High Energy Burden"), and/or (5) Households with "High Energy Consumption" as
defined in Section 5.2 of the State Rules ("High Energy Consumption'). Subrecipient is allowed to perform
weatherization measures as detailed in Exhibit C of this Contract. if Subrecipient leverages LIHEAP with any
Department of Energy weatherization funds, all federal and state DOE rules and requirements will apply including but
m not limited to income calculation requirements as outlined in Department of Energy - Weatherization Program Notice
C') 14-3 or updated income Determination Notice in accordance with the State Rules. The work will be completed in
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C accordance with the International Energy Conservation Code and the minimum requirements set in the State of Texas
m adopted international Residential Code or in jurisdictions authorized by State law to adopt later editions.
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SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. in consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse
Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified in "Budget and
Performance Statement"attached hereto as Exhibit A and incorporated herein for all relevant purposes.
B. Department's obligations under this Contract are contingent upon the actual receipt by Department of adequate
2015 LIFIEAP 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 Section 5.2(b)(34) of the State Rules the dwelling unit shall be
eligible for weatherization assistance if it is occupied by a fancily unit whose income is at or below one
hundred twenty-five percent (125%)of the poverty guidelines updated periodically in the Federal Register by
the U.S. Department of Health and Human Services 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 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 weatherization assistance program
funds,except as provided for in Section 440.18(e)(2)of the WAP Regulations:
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 8 of
this Contract
(5) is not incurred during the Contract Term or unless it is a pre-award administrative expense from January 1st
2015 or after;
(6) is not reported to Department on a monthly expenditure or performance report within forty five (45) 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. Subrecipient shall refund, within fifteen (15) days of Department's request, any sum of money paid to Subrecipient
which Department determines has resulted in an overpayment or has not been spent in accordance with the terms
of this Contract. Department may offset or withhold any amount otherwise owed to Subrecipient under this
Contract against any amount owed by Subrecipient to Department arising under this or any other Contract
between the Parties.
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 stun of$809,714.00.
SECTION S. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of LIHEAP WAP funds under this Contract. As per
the Uniform Grant Management Standards, 34 T.A.C. §20.421 in effect on October 1, 2014("UGMS"),
Subrecipient's requests for advances shall be limited to the amount needed and be timed to be in accordance with
actual immediate cash requirements of the Subrecipient in carrying out the purpose of this Contract.
B. The timing and amount of cash advances shall be as close as administratively feasible, not to exceed a 30-day
projection of the actual disbursements by the Subrecipient to direct program costs and the proportionate share of
any allowable indirect costs.
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C. Subsection 4(A) notwithstanding, pursuant to Section 5.17 of the State Rules, the Department reserves the right to
use a modified cost reimbursement method of payment for all funds, whereby reimbursement of costs incurred by
a Subrecipient is made only alter the Department has reviewed and approved backup documentation provided by
the Subrecipient to support such costs for all funds if (1) Department determines that Subrecipient has maintained
excess cash balances; (2) Department identities any deficiency in the cash controls or financial management
system maintained by Subrecipient; (3) Department identities any deficiency in the quality of weatherization work
performed by Subrecipient; (4) Department determines that a modified cost reimbursement method would benefit
the program; (5) Department's funding sources require the use of a modified cost reimbursement method; or (6)
Subrecipient fails to comply with any of the reporting requirements of Section 10.
D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible dwelling
units of the weatherization assistance program and for the payment of the allowable expenditures identified in
Section 8 of this Contract.
SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. 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 UGMS in effect on October 1, 2014 and 10 T.A.C.
§5.10. All references therein to"local government"shall be construed to mean Subrecipient.
B. Uniform cost principles for political subdivisions are set forth in Office of Management and Budget ("OMB")
Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments", as implemented by 2 C.F.R. Part
225("OMB Circular A-87). Uniform administrative requirements for political subdivisions are set forth in OMB
Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments ("OMB Circular A-102"). OMB Circular A-133"Audits of States, Local Governments, and Non-Profit
Organizations" ("OMB Circular A-133"), sets forth audit standards for governmental organizations and other
organizations expending Federal funds. The expenditure threshold requiring an audit under OMB Circular A-133 is
$500,000.00.
C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for costs
incurred or performances rendered for activities specified in the WAY Act and LIHFAP Act.
SECTION 7. TERMINATION AND SUSPENSION
A. 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. Department shall notiAll Subrecipient in writing no less than thirty(30)days prior to termination.
B. Nothing in this Section 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. Suspension shall
be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate
this Contract.
C. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be
relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient.
Department may withhold any payment due to Subrecipient until such time as the exact amount of damages due to
Department is agreed upon or is otherwise determined in writing between Parties.
D. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this
E. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be
relieved of any liability to Department for darmaaes by virtue of any breach of this Contract by Subrecipient.
F. 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.
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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.
To the maximum extent practicable. Subrecipient shall utilize funds provided under this Contract for the purchase
of weatherization materials. Subrecipient shrill 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 International Residential Code (IRC) or jurisdictions authorized by State law
to adopt later editions.
B. For units where Subrecipient leverages with any Department of Energy 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.
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 Department of Energy weatherization funds, labor costs for doors,
primary, windows and storm windows that will result in approved energy savings with a SIR of one or greater
in accordance with Section 440.19 of the WAP Regulations;
(3) the cost of weatherization materials and labor for 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);
(I l) allowable health and safety measures,and
(12) allowable base load reduction measures.
C. 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 prior to the end of the Contract Term before these funds can be moved.
D. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in the "Budget and Performance Statement" attached
hereto as Exhibit A. Allowable administrative costs may include reasonable costs associated with Subrecipient's
administrative personnel, travel, 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 Department11HEAP 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) days prior to the end of the
Contract Term before these funds can be mowed.
E. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling
units under the direction of qualified supervisors.
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SECTION 9. RECORD BEEPING REQUIREMENTS
A. Subrecipient shall comply with the record keeping requirements set forth at Section 440.24 of the WAP
Regulations and Section 522 of the State Rules and with such additional record keeping requirements as specified
by Department.
B. For each dwelling unit weatherized with funds received from LIHEAP WAP under this Contract, Subrecipient shall
maintain a file containing the following information, including the following Department forms found in the
Community Affairs Division section of the Department's website at
http://www.tdhca.state.tx.us/community-affairshvap/guidance.htm#forms:
(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"(BVv1Z),
(2) Twelve(12)month consumer billing history for utilities;
(3) Consumption disclosure release forni(for access to consumption data for use in surveys and studies);
(4) Eligibility documentation in accordance with the following:
a. Subrecipient must use the definition of"income"in 10 T.A.C. §5.19.
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 notarized
"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
notarized client signature, as outlined in Section 5.407(e) of the State Rules. Proof of income
documentation requirements are the same for both single and multifamily housing. All proof of income
must reflect eamings from within twelve (12) months of' the start date indicated on the "Building
Weatherization Report"(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 Section 5.2(b)(34) of
the State Rules 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 twenty-five percent (l25%) of the "Poverty Income
Guidelines"at 42 U.S.C. §9902(2).
(5) BWR form including certification of final inspection and justification for omission of priorities if applicable;
(6) Invoices of materials purchased or inventory removal sheets;
(7) Invoices of labor;
(8) If a rental unit,"Landlord Agreement"form,"Landlord Financial Participation"form and"Landlord Permission
to Perform Assessment&Inspections for Rental Units" form and all other landlord forms found un the
Community Affairs Division section of the Department's website at
http://wivw.tdlica.s tate.tx.us/community-affairs/wap/docs/10-WAPLandlord.pdf
(9) "Notice of Denial and Appeal Rights,"if applicable;
(10) Signed and dated"Building Assessment"form,to include at a minimum,existing efficiencies of all heating
and cooling appliances,
(11) "Attic Inspection"form(local design allowed);
(12) "Wall Inspection"form(local design allowed);
(13)Documentation of pre weatherization carbon monoxide readings for all combustible appliances,
(14)Documentation of post weatherization carbon monoxide readings for all combustible appliances;
(15) "Blower Door Perfornnance Standards and Data Sheet"form,
(16) "Duct Blower Data Sheet"form(if applicable);
(17) Refrigerator metering infonmation;
(18) Signed client"Refrigerator Replacement Form"(if applicable);
(19)Completed,signed and dated"LIHEAP Priority List"form(if applicable),
(20)A complete copy of the approved State of Texas Energy Audit(if applicable),
(21) Signed client receipt of the"Unified Weatherization Elements Notification Form"that includes lead hazard
information,identification of mold like substance,and state historical preservation information;and
(22) Signed client receipt of"Mold-Like Substance Notification and Release Form for Texas Weatherization
Programs".
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C. For each multifamily project weatherized with funds received from LIHEAP under this Contract. Subrecipient shall
maintain a master file containing the following information:
(l) "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. 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.
E. Subrecipient shall give the federal and state funding agencies, the Comptroller General of the United States, and
Department access to and the right to reproduce all records pertaining to this Contract. All such records shall be
maintained for at least three years atter final payment has been made and all other pending matters are closed.
Subrecipient shall include the requirements of this Subsection in all subcontracts.
F. All LIHEAP WAP records maintained by Subrecipient, except records made confidential by law, shall be available
for inspection by the public during Subrecipient's normal business hours to the extent required by the Texas
Public Information Act(Chapter 552 of the Texas Government Code).
G. Subrecipient must conduct a full Household assessment addressing all possible allowable weatherization measures.
SECTION 10. REPORTING REQUIREMENTS
A. Subrecipient shall electronically submit to Department no later than fifteen (15) days atter the end of each month
of the Contract Tenn 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 tie month. Both reports shall be
submitted electronically.
B. Subrecipient shall electronically submit to Department no later than forty-five (45) days after the end of the
Contract Term a final expenditure and progranimatic 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) days. any expenditures not reported to the
Department will result in funds being reallocated to LIIIEAP purposes.
C. Subrecipient shall submit to Department no later than forty-five (45) days after the end of the Contract Term an
inventory of all vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of
more than one year, if purchased in whole or in part with funds received under this or previous weatherization
assistance program Contracts. The inventory shall reflect the tools and equipment on hand as of the last day of
the Contract Tenn.
D. 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.
E. Subrecipient is required to determine if Households assisted under this Contract shall be reported as duplicated or
unduplicated by accessing the LIHEAP Household Database located in the Community Affairs Contract System.
F. 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 U. S. Department of Health and Human
Services(HHS),or by the Department.
G. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this
Contract, including responses to monitoring reports, Department may withhold any and all payments otherwise
due or requested by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or
response is received by Department. If the delinquent report or response is not received within forty-five (45) days
of its due date, Department may suspend or terminate this Contract. If Subrecipient receives LIHEAP WAP funds
from the Department over two 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.
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H. Subrecipient shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central
Contractor Registration (CCR) System number. The DUNS number must be provided in a document from Dun and
Bradstreet and the current CCR number must be submitted from a document retrieved from the wtivtiv.sam.gov
website. These docurnents must be provided to the Department prior to the processing first payment to
Subrecipient.Subrecipient shall maintain a current DUNS number and CCR number for the entire Contract Term.
SECTION 11. CHANGES AND AMENDMENTS
A. 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,
so long as approved by the Department.
B. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this
Contract shall be in writing and executed by both Parties to this Contract. 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.
C. 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. PROGR_�ANI 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 UGMS and the state Uniform Grant Management Standards,
Chapter III, "State Uniform Administrative Requirements For Grants and Cooperative Agreements", Subpart C -
Post-Award Requirements--Financial Administration,§_.25,Program Income.
SECTION 13. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 14. PROCUREMENT STANDARDS
A. Subrecipient shall comply with OMB Circular A-102 and IO T.A.C. §5.10. If leveraging DOE funds, Subrecipient
shall also comply with 10 C.F.R. §600.236(b-i).
B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods,
or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000.00
unless Subrecipient has received the prior written approval of Department for such purchase.
C. Upon the termination of this Contract or non-renewal of the funds hereunder, Department may transfer title to any
such property or equipment having a useful life of one year or more or a unit acquisition cost (the net invoice unit
price of an item of equipment)of$5.000.00 or more to itself or to any other entity receiving Department funding.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract 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 contractual 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 20. 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.
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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 frill 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.
C. Every initial assessment, every approved State of Texas Energy Audit, and every final inspection is the sole
responsibility of the Subrecipient. Subrecipient may request in writing that the Department permit the Subrecipient
to subcontract the performance of assessments, audits and final inspections. The Department will review each
request separately to determine whether the request will be granted.
SECTION 16. AUDIT
A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and
performances rendered under this Contract,subject to the following conditions and limitations:
(1) Subrecipient expending $500,000.00 or more in federal financial assistance, shall have an audit made in
accordance with Single Audit Act Amendments of 1996, 31 U.S.C. §7501 and OMB Circular A-133, "Audits of
States, Local Governments, and Non-Profit Organizations" issued June 30, 1997("OMB Circular A-133"). For
purposes of this Section 16. "federal financial assistance" means assistance provided by a federal agency in
the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies,
insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term
includes awards of federal financial assistance received directly from federal agencies, or indirectly through
other units of state and local government.
(2) Subrecipient shall utilize funds budgeted under this Contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by Department under this Contract, provided however that
Department shall not make payment for the cost of such audit services until Department has received a
satisfactory audit report,as determined by Department.from Subrecipient.
(3) Subrecipient shall submit one (1) copy of such audit report and any associated management letter to the
Department's Compliance Division within the earlier of thirty (30) days after receipt of the auditor's report(s),
or nine (9) months atter the end of the audit period. Subrecipient shall submit such audit report to the Federal
Clearinghouse designated by OMB in accordance with OMB Circular A-133. In conjunction witb its Single
Audit submission to the Department, the Subrecipient shall provide documentation reflecting its submission
of the Audit to the Federal Clearinghouse. Subrecipient$ may email an electronic version of the Audit and
Federal Clearinghouse documentation to the Compliance Division at: saandacfrc_tdhca.state.tx.us
Subrecipient shall make audit report available for public inspection within thirty (30) days after receipt of the
audit report(s). Audits performed under this Section are subject to review and resolution by Department or its
authorized representative.
(d) The audit report must include verification of all expenditures by budget category, in accordance with the final
"Monthly Expenditure Report"submitted to close out each year during the Contract Term.
B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal
year is not an allowable charge under Federal awards.
C. Subsection A of this Section 16 notwithstanding, Department reserves the right to conduct an annual financial
and compliance audit of 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.
D. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to
financial and compliance audit(s) of funds received under this Contract. Subrecipient further understands and
agrees that reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which
were not provided or otherwise made available to Subrecipient under this Contract.
E. Subsection A of this Section 16 notwithstanding, Subrecipient expending less than $500,000 in Federal financial
assistance may arrange for the performance of an annual financial statement audit. Such audit should include
verification as required in Subsection 16(.A)(4)of this Section
Page 9 of 29
F. Subrecipient shall take such action to facilitate the performance of such audit or audits conducted pursuant to this
Section 16 as Department may require of Subrecipient.
G. Subrecipient shall procure audit services through an open, competitive process at least once every five years. The
auditor shall retain working papers and reports for a minimum of three years after the date of issuance of the
auditor's report to the auditee. Audit working papers shall be made available upon request to Department at the
completion of the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight
responsibilities consistent with the purposes of this part. Access to working papers includes the right to obtain
copies of working papers,as is reasonable and necessary.
H. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an "Audit
Certification Form(available from the Department)within sixty(60)days after the Subrecipient's fiscal year end.
SECTION 17. MANAGEMENT OF EQtiIPMENT AND INVENTORY
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or
more and a useful life of more than one vear, if purchased in whole or in part with funds received under this or
previous weatherization assistance program Contracts, are not assets of either the Subrecipient or the Department
but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatherization
Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one year and an
acquisition cost of $5,000.00 or more per unit must receive prior approval from the Department before the purchase
is made.
B. Subrecipient shall develop and implement a property management system, which conforms to the uniform
administrative requirements referenced in Section 6. Subrecipient shall not use, transfer, or dispose of any
property acquired in whole or in part with funds provided under this or a previous weatherization assistance
program Contract except in accordance with its own property management system.
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, daniage, 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 10, 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 18. BONDING AND INSURANCE REQtiIREMENTS
A. If Subrecipient will enter in to a contract for weatherization activities with a third-party in the amount of $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 $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 to the extent required by federal or state law.
B. The Subrecipient is basically a self-funded entity subject to statutory ton laws and, as such, generally, it does not
maintain a commercial general liability insurance and/or auto liability policy. 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 oecurance insurance coverage.
Page 9 of 29
SECTION 19. 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 20. TECHNICAL ASSISTANCE AND MONITORI,NG
A. Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract.
Installation ofweatherization materials shall be in accordance with the Material Installation Standards Manual.
B. Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance
with the terms of this Contract. Department's monitoring may include a review of the efficiency, economy, and
efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted
during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting
the deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's
accounting, personnel, procurement, and management procedures and systems in order to comply with State or
Federal requirements. Department may conduct follow-up visits to review the previously noted deficiencies and to
assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs.
Department may terminate or suspend this Contract or invoke other remedies Department determines to be
appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient
fails to correct any deficiency within a reasonable period of time, as determined by the Department. Department or
its designee may conduct an ongoing program evaluation throughout the Contract Term.
SECTION 21. LEGAL AUTHORITT
A. 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 anv requirement to which Subrecipient is subject and represents the legal, valid, and
binding agreement of Subrecipient,enforceable in accordance with its terms.
B. The person signing this Contract on behalf of Subrecipient hereby warrants that he/she has been authorized by
Subrecipient to execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to all
terms,provisions and performances herein set forth.
C. 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 21.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHFAP 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 Rules, the certifications attached, and all federal, state,
and local laws and regulations applicable to the performance of this Contract.
B. 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. To ensure compliance, the
Subrecipient must take reasonable steps to insure that persons with Limited English Proficiency have meaningful
access to the program. Meaningful access may entail provide language assistance services, including oral and
written translation,where necessary.
Page 10 of 29
SECTION 23. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective
management of all program and fiscal activities funded by this Contract. Subrecipient's internal control systems
and all transactions and other significant events must be clearly documented and the documentation made readily
available for review by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the 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.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of
this Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the
report is made in good faith.
SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies
that Subrecipient/Local Operator, 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 tinder law to be employed in that
manner in the United States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of
Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with
interest, at a rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies
Subrecipient of the violation.
SECTION 25. 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 25, 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.
Page 1 I of 29
SECTION 26. POLITICAL ACTIVITY AND LOBBYING 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 official or
employee of Subrecipient 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. Any action taken against an employee or official for supplying such
information shall subject the person initiating the action to immediate dismissal from employment.
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 of Subrecipient, the
State of Texas,or the government of the United States.
SECTION 27. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. A person shall not be excluded from participation in, be denied the benefits of. be subjected to discrimination
under, or be denied employment in the administration of or in connection with any program or activity funded in
whole or in part with funds made available under this Contract, on the grounds of race, color, religion, sex, national
origin,age,disability,political affiliation or belief.
B. 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.
C. Subrecipient will include the substance of Section 27 in all subcontracts.
SECTION 28. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS
The Department may not award a Contract that includes proposed financial participation by a person who, during the
five year period preceding the date of this Contract. has been convicted of violating a federal law in connection with a
contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita,
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24,
2005, or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract
awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as
defined by Section 39.459,Utilities Code,Hurricane Katrina,or any other disaster occurring after September 24,2005.
By execution of this Contract, the Subrecipient/Local Operator hereby certifies that it is eligible to participate in this
Program and acknowledges that this Contract may be terminated and payment withheld if this certification is
inaccurate.
SECTION 29. 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 in accordance with Section 5.532 of the State Rules. For Training & 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 OMB
Circular A-87 and either its board-approved travel policy, or in the absence of such a policy, the State of Texas
travel policies under Section 5.9 of the State Rules. Subrecipient's written travel policy shall delineate the rates
which Subrecipient shall use in computing the travel and per diem expenses of its board members and employees.
SECTION 30. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for finds or resources from any other
source, nor may they in any way serve to reduce the funds or resources, which would have been available to or
provided through Subrecipient,had this Contract never been executed.
Page 12 of 29
SECTION 31. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that neither it nor its current principle parties are included in the
Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA) 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 riles 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. Subrecipient may decide the frequency by which it determines the eligibility of its
subcontractors except that Subrecipient mist verity at the start of a new contract or with the award of additional
funding. Subrecipient may rely upon a certification of a prospective subcontractor that is not proposed for debarment
under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,
unless Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the certification
attached hereto as Addendum 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 31,in all its subcontracts.
SECTION 32. NO WAIVER
No right or remedy given to Department by this Contract shall 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.
SECTION 33. 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) Exhibit A-Budget and Performance Statement
(6) Exhibit B-PRWORA Requirements
(7) Exhibit C-LI1iEAP Priority List
SECTION 34. SEVERABILITY
If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain
valid and binding.
Page 13 of 29
SECTION 35. 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:/hrlvw.tdhca.state.tx.us/community-affairs/wap/docs/WAP-BP-HistoricPresFIowchart.pdf.
SECTION 36. 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 37. 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
Section 5.505 of the State Rules.
SECTION 38. SPECL4L 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 39. FORCE NLIJURE
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;and
(4) Quarantines,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. 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 41. COUNTERPARTS AND FACSIMILIE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of which
together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other
electronic transmission,and any such signature shall have the same legal effect as an original.
SECTION 42. NUMBER,GENDER
1Jnless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular
words shall include the plural.
Page 14 of 29
SECTION 43. 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
Telephone:(512)475-2125
Fax:(512)475-3935
michael.deyounglj tdhca.state.tx.us
As to Subrccipient:
City of Fort Worth
4200 South Fwy Ste 2200
Fort Worth,TX 76115
Attention: Susan Alanis,Assistant City Manager
Telephone:(817)392-8180 Fax:(817)392-6134 Email:Susan.alanisrdfortworthte.xas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight
service, or five days after mailing by certified or registered mail, postage prepaid, return receipt requested,
addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 43.
SECTION 44. VENUE AND JURISDICTION
This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to
this Contract,venue shall lie in Travis County,Texas.
EXECUTED to be effective on January 04,2015
Si'BRECIPIENT:
Citv of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: March 10,2015 3:53 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND CONIMH?NITY AFFAIRS,
a public and official agency of the State of Texas
By: Timothy K.Irvine
Title: Its duly authorized officer or representative
Date: March 11,2015 6:55 am
Page 15 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2015 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81150002137
PERIOD JANUARY 4, 2015 THROUGH DECEMBER 31, 2015
APPROVED AS TO FORM AND LEGALITY:
Tyler Wal
Assistan ity Attorney
ATTEST: ��®R°r��Z
o�
6
ary J. Ka
City Secretary ee
a0 r
9 �,3
��tl6UCUC
M&C C-27089 = }
Dated: November 18, 2014
CITY OF FORT WORTH
By: Susan Alanis (signed electronically-see attached contract)
Title: Assistant City Manager
Date: March 10, 2015
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Timothy K. Irvine (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: March 11, 2015
M
RECORDRETARYTH,TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY:AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS
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$10,000 and not more than$100,000 for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states,to the best of its knowledge and belief,that
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an emplovee 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 Fonn-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 tile the required statement shall be subject to a civil
penalty of not less than$10.000 and not more than$100,000 for each such failure.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: March 10,2015 3:53 pm
Page 16 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUN1B
Certification Regarding Drug-Free Workplace Requirements
This certification it 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 Fcderal agency may
designate a central receipt point for ST,4TE-47DE AND STATE AGENCY-TVIDE 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, 2001ndcpendence Avenue,SIV fhashingion.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-
(I)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-
(I)Abide by the terms of the statement;and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices.Notice shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973,as amended;or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs(a),(b),(c),(d),(e)and(f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include street
address,city,county,state,zip code):
I.
2.
3.
4.
Page 17 of 29
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.s., 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: Susan Alanis
Title: Assistant City Manager
Date: March 10,2015 3S3 pm
Page 18 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
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 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 $1000 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: Susan Alanis
Title: Assistant City Manager
Date: :March 10,2015 3:53 pm
Page 19 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA4 95.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by
any Federal department or agency:
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records,making false statements,or receiving stolen property,
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State
or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and
(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.
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-S ubcontracts/Lower Tier Covered
Transaction,"without modification,in all subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARNIENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY"EXCLUSION-
SLBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier pard cipant'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.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: March 10,2015 3:53 pm
Page 20 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 20I5 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
S 807,714.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$807,714.00 TOTAL ANTICIPATED LIHEAP FUNDS
$2,000.00 TOTAL ANTICIPATED TRAINING&:TECIiNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current
Contract Tenn except for pre-award administration expenses starting January 1. 2015 or after. Unexpended fund
balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES FUNDS
2 Administration $50,482.00
3 Materials/Program Support/Labor $605,786.00
4 Health and Safety $151,446.00
SUB-TOTAL S 807,714.00
5 Training and Technical Assistance $2,000.00
TOTAL S 809,714.00
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the
Department will make any adjustments to the budget categories. The only categories that can be reduced are the
Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited
to two (2) requested budget revisions during the current Contract Tenn. Only those written request(s) from the
Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The
Department may decline to review written requests received during the final 45 days of the Contract Term.
Denotes maximum for Administrative based on 6.25%of total allowable expenditures.
3 Expenses incurred tinder 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.
Page 21 of 29
PERFORVLINCE
Subrecipient's service area consists of the following Texas counties:
TARRAiNT
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 $5,000.00 per unit without prior written approval from the Department. The cumulative total cost per
unit(materials,labor,and prograni support),shall not exceed the maximum allowable by end of the Contract Term.
Page 22 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA4 93.569)
EXHIBIT B
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 LIIiEAP
funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996,
("PRWORA"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §160l et. seq., as amended by the Omnibus
Appropriations Act, 1997,Pub.L. 104-208.
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. 81J.S.C. §1642(a) and (b). Subrecipient must use the SAVE verification
system to verify and document qualified alien eligibility once access to the system is provided by the Department.
An exception to the requirement of verification of aliena,e status applies when the applicant's eligibility is determined
by a non-profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and
"charitable." If Subrecipient claims "non-profit, charitable status Subrecipient shall supply TDHCA with any
requested information Department believes is necessary to verify, that Subrecipient is a non-profit charitable
organization. An organization is "nonprofit" if it is organized and operated for purposes other than making gains or
profits for the organization, its member or its shareholders, and is precluded from distributing any gains or profits to its
members or shareholders. Simply holding a valid 501(c)(x) designation is not sufficient. An organization is "charitable"
if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its generally
accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and
distressed or the underprivileged,as well as religiously-affiliated organizations and educational organizations.
Page 23 of 29
CERTIFICATION'REGARDING USE OF THE SYSTEMATIC ALIEN'VERIFICATION FOR EN'TITLEJIENTS(SAVE)
SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE
Program;
(b) Physically examine the documentation presented by the applicant and determine whether the document(s)
reasonably appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for
verification of immigration or naturalized or derived citizenship status information, including (1) information from the
applicant's immigration or naturalization documentation for initial automated verification, (2) additional information
obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional verification. For manual
only verification, ensure that Forms G-845 and other documents and information required for manual verification are
provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use
SAVE on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE required training
including: reading the SAVE Program Guide. taking the latest version of Web tutorial(s),
http://tivwiv.uscis.gov/savehehat-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
http://www.uscis.gov/portal/site/uscis/menuite m.eb Id4c2a3e5b9ac89243c6a7543f6dIa/7
vgnextoid=0d37dffd790293I OVgnVCMI00000082ca60aRCRD&vgnextchannel=Od37dffd790293I OVgnVCM I00000082ca
60aRCRD
(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,
(j) Comply with the requirements of the Federal Information Security Management Act (FISMA (PL-107-347), Title III,
Section 301) 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
f o u n d a t
http://www.uscis.gov/USCIS/Verification/SAVE,/SAVE—Native—
Native_Documents/Fact_Sheet_HowToCorrectYourRecordsw
ithUSCIS.pdf(subject to revision and repostmg on the SAVE Website and Online Resources),
(1) Comply with the Privacy Act, 5 U.S.C. Section 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 the Contract;
Page 24 of 29
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE
Program based upon the national origin,color,race,gender,religion,or disability of the applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate
written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct
their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact
D H S - U S C I S i s p o s t e d a t
http://www.uscis.gov/USCIS/Verification/SAVEiSAVE_Native_Documents/Fact_Sheet_HowToCorrectYourRecordsw
ithUSCIS.pdf,(subject to revision and reposting on the SAVE Website and Online Resources);
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the
opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their
records prior to a final decision,if necessary,and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification
requirements of Section 274A of the Immigration and Nationality Act,8 U.S.C.Section 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 Subreeipient, including, but not limited to
original applicant consent documents required by the Privacy Act,5 U.S.C. Section 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 Subreeipient 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.Section 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 Exhibit C 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;
(r) 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 Exhibit C and the SAVE Program requirements by its
authorized agents or designees,and
(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 Exhibit C,SAVE Program procedures or other applicable law,regulation or policy.
Criminal Penalties..
(1) DHS-USCIS reserves the right to use information from TDHCA or Subreeipient for any purpose permitted by law,
including,but not limited to,the prosecution of violations of Federal administrative or criminal law.
(2) The Subreeipient acknowledges that the information it receives from DIIS-USCIS is governed by the Privacy Act, 5
U.S.C. Section 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.
Page 25 of 29
Third Partv Liability.
Ill 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.
(2) 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.
Points of Contact
Sharon D.Gamble
Manager,Planning,Training and Technical Assistance
Texas Department of Housing and Community Affairs
Communitv Affairs Division
P.O.Box 13941
Austin,TX 78711-3941
Phone:(512)475-0471
Email:sharon.Qamblea�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: savereaistration!adhs.Qov
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.monitorine a.dlis.eov
Page 26 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 31150002137 FOR THE
FY 2015 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.563)
EXHIBIT C
LIIIEAP 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 items, as defined by the Department, means 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 Repairs, as defined by the Department, means those repairs necessary on items for the effective
preservation of weatherized materials.
1. Health&Safety Items
• Must meet ASI-IRAE Standard
. Refer to H&S guidance located on the Department website at the following link:
http:/h;1vw.tdhca.state.tx.us/community-affairs/wap/guidance.htni#healthsafety
. To include cook stoves-refer to Chapter 8 of the M1SM
http://www.tdhca.state.tx.usicomniunity-affairs/wap/docs/WAP-,IvflSM.pdf
2. Infiltration Measures,Maximum Cost
. $750,maximum cost
. Must follow Material Installation Standards located on the Department's website at the following link:
http://www.tdhca.state.tx.us/community-affairs/wap/docsi\k,'AP-MIS M.pdf
. When solely utilizing the LIHEAP Priority List,minimum CFM reduction is not required
. All cost(labor and materials)must be detailed on the Building Weatherization Report(BWR)
. No window or door replacements allowed
• Complete Blower Door Data Sheet as instructed
3. Duct Sealing or Replacement
• $750,maximum cost
. All return ducts to be sealed/replaced as needed regardless of location
All supply ducts to be sealed/replaced as needed when in un-conditioned space
4. Attic Insulation
• If addressed,must follow current code
. Block all heat sources&attic hatches
. If no insulation is added but ventilation needed,install ventilation under H&S
5. Compact Florescent Lighting(CFLs),water savers,and pipe and water heater insulation
. Install maximum of 10 CFLs per house
• Water savers consist of kitchen,bath,and shower
6. Sidewall Insulation
Dense pack all exterior wall cavities including above and below all windows and doors if no insulation exists
Page 27 of 29
7. Smart Thermostat
• Install only after consultation/training with client
8. Refrigerator Replacement
• Meter for minimum of 30 minutes
• Pre-1993 units can be replaced without metering,as long as manufactured year is documented
• Replaced units must be de-manufactured properly,materials must be recycled and refrigerant properly
disposed of to E.P.A.regulations
9. Solar Screens/Window Film
• Install in the following order:
• West,South,East,then North side of house
• If the windows are covered by porches, garages.. or any other permanent shading structure, then solar
screens/window film cannot be installed on that window
10. Floor Insulation
• If addressed,must follow current code
• Follow OSHA accessibility standards
11. Miscellaneous Repairs
• Maximum expenditure allowed is$500
• Must be related to weatherization measure
• No window or door replacements allowed
• Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor window and door
repair,gutters,downspouts,paint,stains.and sealants
• Regarding mobile homes,could include mobile home skirting and overhangs to protect mobile home doors
• Could also include carpentry work to protect water heaters located outside to protect DWH from weather
elements
• Could include roof,wall,and floor repair:excluding leveling
• Repair of"essential wiring"
• Essential wiring defined as any wiring going directly to an appliance that is being addressed by the
WX program
12. HVAC/Evaporative Cooler System Service
• Complete replacement of fiunace/AC/HVAC as energy efficiency measure is a possibility
i. Must meet current Energy Star rating
ii. Must document accurate Manual J and Manual S in client file
iii. HVAC units with a SEER or downgraded SEER of 10 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 55%
or less should be replaced.Documentation of the downgraded formula should be in the client file as
part of the assessment
• 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
Page 23 of 29
• Change and leave up to twelve new air filters
• No replacement of window air-conditioners if a central system is replaced or repaired to working order
• Replacement of window air-conditioners:
• Maximum of three(3)window units can be replaced
• Must be Energy Star Rated and sized according to manufacturer's room sizing specifications
Page 29 of 29
UC Review Page 1 of
Official site of of •
["ONTIVRTIll
CITY COUNCILAGENDA
COUNCIL ACTION: Approved on 11/18/2014 -Ordinance Nos. 21543-11-2014 & 21544-11-2014
DATE: 11/18/2014 REFERENCE NO.: C-27089 LOG NAME: 80TDHCA-
LIHEAP2015
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs for the 2015 Weatherization Assistance Program in the Amount Up to
$2,000,000.00, Authorize Related Contracts, Adopt Interim Appropriation Ordinance and
Adopt Final Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a grant from the Texas Department of Housing and Community
Affairs in the amount up to $2,000,000.00 for the Low-Income Housing Energy Assistance Program
for the 2015 Weatherization Assistance Program;
2. Authorize the execution of related contracts, including any amendments, extensions and renewals,
in accordance with City policies and regulations, with the Texas Department of Housing and
Community Affairs for the grant funds for program year January 1, 2015 through December 31, 2015;
3. Adopt the attached interim appropriation ordinance increasing estimate receipts and
appropriations in the Grants Fund in the amount of$300,000.00 for interim financing of this grant and
providing for a reduction in the same amount if grant funds are not received; and
4. Adopt the attached final appropriation ordinance increasing estimated receipts and appropriations
in the Grants Fund in the amount of$1,700,000.00, subject to execution of the Grant Agreement and
receipt of the grant funds, for a total amount not to exceed $2,000,000.00.
DISCUSSION:
Since 1982, the City has operated the Weatherization Assistance Program (WAP) through grants
from the Texas Department of Housing and Community Affairs (TDHCA) . A portion of the funding for
the WAP comes from the Low-Income Housing Energy Assistance Program (LIHEAP). The WAP
serves low-income residents in Tarrant County by weatherizing their houses. Weatherization
measures include attic insulation, weather-stripping, caulking, repair and/or replacement of windows
and doors and other minor repairs. Administrative costs are restricted to seven percent of the
LIHEAP grant based on the total allowable expenditures for the WAP.
From January 2014 to August 2014, the City weatherized 49 houses in Tarrant County with this grant
funding. With the 2015 grant, the Parks and Community Services Department staff will target 100
houses in Fort Worth and Tarrant County.
Interim appropriations are necessary in order to provide for the transition from one grant funding
period to the next.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
ittp:Happs.cfwnet.org/council 1/6/201`
vC Review Page 2 of
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached interim appropriation ordinance, funds for interim
operation will be available in the current operating budget, as appropriated, of the Grants Fund. With
adoption of the final appropriations ordinance, funds for appropriation through the remainder of the
grant period will be available in the current operating budget, as appropriated, of the Grants Fund
upon execution of the grant contract and receipt of the grant dollars. The department shall be
responsible for identifying alternative funding sources to cover expenses incurred under the interim
financing in the event the grant funds are not received.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488954 08020OXXX000 $2.000.000.00 GG01 136076 0000000 $300.000.00
GR76 5XXXXX 08020OXXXXXX $2.000,000.00
GR76 220001 00020OXXX000 $300.000.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
80TDHCA-LIHEAP2015 final AO.docx
80TDHCA-LIHEAP2015 interim AO.docx
ittp://apps.cfwnet.org/council asp?ID=20409&councildate=1111812014 1161201.