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``'� FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
r "' �jTYOFFORTW�k?r (CFDA# 93.568)
C)TY SECRETARY ,
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Awarding rederal Agency: United States Department of Health and Human Se�vices
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'�,Zr' '; TDHCA Federal A«-ard Number: E-17-BI-T7�-LIEA
Award Year (1'ear of Award from HHS to TDHCA): 2017
Unique Entity Identi�er Numbei : 073170458
SECTION 1. PARTI�S TO THE CONTRACT
This 2017 Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program Conh�act
("Conh•act") is made by and beriveen the Texas Department of Housing and Community Affairs, a public and official
agency of the State of Texas ("Department") and City of Fort Worth, a political subdivision of the State of Teaas
("Subrecipient") l�ereinafter the "Parties".
SECTION 2. CONTRACT TERIVI
This Conh�act shall commence on Janua�y O1, 2017, and, unless earlier terminated, shall end on December 31, 2017
("Conh•act Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance with the provisions of
Part A of the Energy Conseivation in Existing Buildings Act of 1976, as aniended (42 U.S.C. §6861 et seq.)
("WAP AcY'), the sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10
CFR Parts 440 and 600 ("WAP Regulations") as indicated herein, any applicable Office of Management and
Budget ("OMB") Cu•culars as may be amended or superseded, the Texas WAP State Plan, the Texas LIHEAP State
Plan; the implementing State regulations at Title 10, Part I, Chapter 1, Chapter 2 and Chapter 6, Subchapters A,
and D of the Texas Adminisirative Code as amended or supplemented from time to time ("State Rules"), Chapters
2105 and 2306 of the Texas Government Code ("State AcY'), the Low-Income Home Energy Assistance Act of
1981 as amended (42 U.S.C. §8621 et seq.) ("LIHEAP Act"), and the implementing regulations codified in 45 CFR
Part 96 ("LIHEAP Regulations").
B. Subrecipient shall, in accordance with this Contract throughout its seivice 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 E�:hibit A and incorporated herein for all relevant pmposes; the "Personal Responsibility and Wark
Opportunity Act of 1996 ("PRWORA") Requirements for the WAP" attached hereto as Eahibit B and incoiporated
herein for all relevant purposes, the "LIHEAP Priority LisY' 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 Conh•act; and with all other terms, provisions, and requirements herein set forth.
C. 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 6.2 of the State Rules ("Households") that are "Low-Income"
as defined in Section 6.2 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 6.2 of the State Rules ("Elderly Persons"), (2) "Persons with Disabilities" as defined in
Section 6.2 of the State Rules ("Persons with Disabilities"), (3) Households with young children that are age five
(5) or younger, (4) Households with a"High Eneigy Burden" as defined in Section 6.2 of the State Rules ("High
Energy Burden"), and/or (5) Households with "High Energy Consumption" as defined in Section 6.2 of the State
Rules ("High Ene�gy Consumption"). Subrecipient is allowed to perfoinl weatherization measures as detailed in
LIHEAP Priority List, Exhibit C of this Contract If Subrecipient leverages LIHEAP with any Department of
Energy weathei•ization fiuids, all federal and state DOE rules and requirements will apply including but not limited
to income calculation requirements as outlined in Department of Energy - Weatherization Progra�u Notice 14-3 or
updated Income Determination Notice in accordance with the State Rules. The work will be completed in
accordance with the Intei�national Energy Conservation Code and the minimum requirements set in the State of
Teaas adopted International Residential Code or in jurisdictions authorized by State la�v to adopt later editions.
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�-A��'ICIpL RECOR�
Page � of2� ��'�'1r 3ECRETARY
FT'. WORTH, TX
D. Subrecipient shall refund to the Deparhnent any sum of money which has been paid to Subrecipient by the
Department, which Department determines has not been strictly spent in accordance with the terms of this Conh•act.
Subrecipient shall make such refund within fifteen (15) days after the DepartmenYs request.
S�CTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Conh•act, Deparhnent shall reimburse
Subrecipient for the actual allowable costs incun•ed by Subrecipient in the amount specified in "Budget and
Performance Statement" attached hereto as Exhibit A.
B. Department's obligations under this Conh�act are contingent upon the actual receipt and availability by Department
of adequate 2017 LIHEAP federal program funds. If sufficient funds are not available to make payments under this
Contract, Deparhnent 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. Deparhnent 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 Conh•act.
C. Deparhnent 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 6.2(b)(28)(B) 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 fifty percent (150%) 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 incuned during the Contract Term ;
(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;
(?) is subject to reimbursement by a source other than Department; or
(8) is made in violation of any provision of this Contract, including the addendums and exhibits, or any provision
of federal or state law or regulation, including, but not limited to those enumerated in this Contract.
D. Notwithstanding any other provision of this Contract, Deparhnent shall only be liable to Subrecipient for costs
incun•ed or performances rendered for activities specified in the WAP Act and LIHEAP Act.
E. Nohvithstanding any other provisiou of this Contract to the contraiy, the total of all payments and other
obligations incurred by the Department under this Contract shall not exceed the sum of $816,966.00.
E�CTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Subrecipient may request an advance payment of up to thirry (30) days. The timing and amount of cash advances
shall be as close as adminish•atively feasible, not to eaceed a 30-day projection of the actual disbursements by the
Subrecipient to direct program costs and the proportionate shai•e of any allowable indirect costs.
B. Subrecipient must request an advance payment by submitting a properly completed monthly expenditure report to
the Department tlu•ough the electronic reporting system no later than the fifteenth (ISth) day of the month prior to
the month for which advance payment is sought.
C. Subsection 4(A) nohvithstanding the Department reserves the right to use a modified cost reimbursement method of
payment, whereby reimbursement of costs incurred by a Subrecipient is made only after the Department has
reviewed and approved backup documentation provided by the Subrecipient to support such costs for all funds if
(1) Subrecipient maintains excess cash balances balances or requests advance payments in excess of thirty (30)
days need; (2) Department identifies any deficiency in the cash conh•ols or financial management system used by
Subrecipient; (3) Department identifies any deficiency in the quality of weatherization wark performed by
Subrecipient (4) Subrecipient owes the Department funds; (5) Departrnent's funding sources require the use of a
modified cost reimbursement method; or (6) Subrecipient violates any terms of this Contract.
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D. All funds paid to Subrecipient under this Conh•act are paid in trust for the eaclusive 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 Conh�act incuned during the Contract Terni.
S�CTION 6. ADMIIVISTRATIVE R�QUIR�MENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS
A. Except as expressly modified by law ar the terms of this Contract, Subrecipient shall comply with the cost
principles and uniform administrative requirements set forth in state Uniform Grant Management Standards, 34
TAC §20.421 in effect on the effective date of this Contract ("UGMS"). All references therein to "local
government" shall be conshued to mean Subrecipient.
B. Subrecipient has a federally approved indirect cost rate of 16.50% .
C. Uniform administrative requirements, cost principles and audit requirements are set forth in Uniform Grant
Management Standards, Chapter 783 Texas Government Code, and UGMS unless otherwise specified in this
Contract unless preempted by the requirements under 2 CFR Part 200. The expenditure threshold for audit is
$750,000 of Federal Funds. The expenditure threshold requiring an audit is $500,000 of state funds. If an audit is
required under the Texas State Single Audit Act, this audit must be submitted to the Deparhnent pursuant to 10
TAC § 1.403, but LIHEAP funds may not used to pay for the audit.
D. The Subrecipient shall inciude language in any subcontract that provides the Deparhnent the ability to directly
review, monitor, andlor audit the operational and financial perfoi�nance and/or records of work performed under
this Contract.
E. Deparhnent reserves the right to conduct additional audits of the funds received and perfortnances rendered under
this Contract. Subrecipient agrees to permit Depariment or its authorized representative to audit Subrecipient's
records and to obtain any documents, materials, or information necessary to facilitate such audit.
F. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an"Audit
Certification Form° (available fi•om the Department) within sixty (60) days after the Subrecipient's fiscal year end.
SECTION 7. DEOBLIGATION, TERMINATION AND SUSPENSION
A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance with 10 TAC §6.405
or Chapter 2105 of the Texas Government Code.
B. TERMINATION. Deparhnent may terminate this Contract, in whole or in part, at any time Deparhnent
determines that there is cause for termination. Cause for termination includes but is not limited to Subrecipient's
failure to comply with any term of this Contract or reasonable belief tliat Subrecipient cannot or will not comply
with the requirements of the Contract. If the Department determines that a Subrecipient has failed to comply with
the terms of the Contract, or has failed to provide services that meet appropriate standards, goals, or other
requirements established by the Deparhnent, Department will notify Subrecipient of the deficiencies to be con•ected
and require the deficiencies be corrected prior to implementing terniination.
C. SUSPENSION. Nothing in this Section 7 shall be construed to limit DeparhnenYs authority to withhold payment
and immediately suspend Subrecipient's perfoirnance under this Conh�act if Department identifies possible
instances of fraud, abuse, waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance.
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of deobligation,
termination ar suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue
of any breach of this Contract by Subrecipient. Deparhnent may withhold any payment due to Subrecipient until
such time as the exact amount of damages due to Deparhnent is agreed upon or is otherwise detercnined in writing
between Parties.
E. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or during
suspension of this Contr•act.
F. GENERAI.. Subrecipient's failure to expend the funds provided under this Conh•act in a timely manner may result
in either the termination of this Conh•act or Subrecipient's ineligibility to receive additional funding under WAP, or
a reduction in tlie original allocation of funds to Subrecipient.
SECTION 8. ALLOWABLE EXPENDITUR�S
A. The allowability of Subrecipient's costs incun�ed in the pei%rmance of this Conh•act shall be deterniined in
accordance with the provisions of Sections 4 and 5 of this Contract and the regulations set forth in Section 440.18
of the WAP Regulations, subject to the limitations and exceptions set forth in this Section 8.
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B. To the maximum extent practicable, Subrecipient sliall utilize funds provided under this Conh�act for the purchase
of weatherization materials. Subrecipient shall weatherize eligible dwelling units using only weatherization
materials which meet or eaceed the standards prescribed by DOE in Appendix A to Part 440 of the WAP
Regulations, State of Texas adopted Inteinational Residential Code ("IRC") or jurisdictions authorized by State law
to adopt later editions.
C. For units where Subrecipient leverages with any DOE weatherization funds, all weatherization measures installed
must have an approved State of Texas Energy Audit savings-to-investment ratio ("SIR") of one or greater unless
otherwise indicated as health and safety or incidental repair items. Weatherization measures installed shall begin
with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending order to
the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved.
Allowable expenditures under this Contract include:
(1) the purchase and deliveiy of weatherization materials as defined in Section 440.18 of the WAP Regulations;
(2) if Subrecipient leverages LIHEAP with any DOE weatherization funds, labor costs for doors, primary
windows and storm windows that will result in approved energy savings with a SIR of one 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 weatherizarion 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 supeivisory personnel;
(9) storage of weatherization materials, tools, and equipment;
(10) incidental repairs (such as repaiis 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 mcidental 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 e�ceed the cost of weatherization
measures charged to WAP);
(11) allowable health and safety measures; and
(12) allowable base load reduction measures.
D. Health and Safety funds not expended may be moved to the labor, materials, and program support category. These
changes will require a Contract action; therefore, Subrecipient must provide written notification to the Department
at least forty-five (45) days priar to the end of the Contract Term before these funds can be moved.
E. Administrative costs incun•ed by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in the "Budget and Performance Statement" as Exhibit
A. Allowable administrative costs may include reasonable costs associated with Subrecipient's administrative
personnel, h•avel, 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 Deparhnent/LIHEAP Training Travel or special equipment purchases. Subrecipient
may use any or all of the funds allowed for administrative puiposes 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 moved.
F. To the maaimum extent practicable, Subrecipient shall secure the services of volunteeis to weatherize dwelling
units under the direction of qualified supervisors.
S�CTION 9. RECORD KEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth below and at Section 440.24
of the WAP Regulations and shall maintain fiscal and programmatic records and supporting documentation for all
expenditures of funds made under this Conh•act in accordance with the state Uniform Grant Management
Standards, Chapter III, "State Uniform Adminish•ative Requirements for Grants and Cooperative Agreements",
Subpart C-Post Award Requirements, §_.42, Subrecipient agrees to comply with any changes to the UGMS'
record keeping requirements.
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B. CLIENT FILES. For each dwelling unit weatherized with funds received from LIHEAP WAP under this Contract,
Subrecipient shall maintain complete client fles at all times. Costs associated with incomplete files found at the
time of program monitoring may be disallowed. Each file shall contain the following information, including the
following Department forms found in the Community Affairs Division section of the Deparhnent's website at
http://www.tdhca. state.ta.us/communitv-affairs/wap/guidance.hhn#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" ("BWR");
(2) Twelve (12) month consumer billing history for utilities;
(3) Consumption disclosure release form (for access to consumption data for use in surveys and studies);
(4) Priority Rating Sheet;
(5) Eligibility documentation in accordance with the following:
(6)
i7)
�8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
�22)
(23)
(24)
(25)
(26)
a. Subrecipient must use the definition of "income" in 10 TAC §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 StatemenY' ("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. Proof of income documentation requirements are the same for both single and
multifamily housing. All proof of mcome must reflect earnings 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 deimed in Section 440.22 of the WAP Regulations, except that pursuant to Section 6.2(b)(28)(B)
of the State Rules the dweliing unit shall be eligible for weatherization assistance if it is occupied by a
family unit whose income is at or below one hundred fifty percent (150%) of the "Poverty Income
Guidelines" at 42 U.S.C. §9902(2).
BWR foi�cn including certification of final inspection and justification for omission of priorities if applicable;
Invoices of materials purchased or inventory removal sheets;
Invoices of labor;
If a rental unit, "Landlord Agreement" form, "Landlord Financial Participation" form and "Landlord
Permission to Perform Assessment & Inspections for Rental Units" form and all other landlord forms found
in the Community Affairs Division section of the Department's website at
http:/h�vww.tdhca. state.�.us/community-affairs/wap/docs/ 10-WAPLandlord.pdf;
"Notice of Denial and Appeal Rights," if applicable;
Signed and dated "Building Assessment° form, to include at a minimum, existing efficiencies of all heating
and cooling appliances;
"Attic Inspection" form (local design allowed);
"Wall Inspection" form (local design allowed);
Documentation of pre/post weatherization carbon monoxide readings for all combustible appliances;
"Blower poor Performance Standards and Data Sheet" form;
"Duct Blower Data Sheet° form (if applicable);
Refrigerator metering information;
Client Education Verification;
Signed client "Refrigerator Replacement Form" (if applicable);
Completed, signed and dated :Priority LisP' foim (if applicable);
A complete copy of the approved State of Texas Energy Audit (if applicable);
Signed client receipt of the "Unifed Weatlierization Elements Notification Form" that includes lead hazard
inforcnation, identification of mold like substance, and state historical preservation information;
Work Order;
CAZ Testing;
Pre/Post-ASIIIZAE Printout (RED Calc); and
Signed client receipt of "Mold-Like Substance Notification and Release Foi�rn for Texas Weatherization
Programs".
C. MASTER FILES. For each multifamily project weatherized with funds received from LIHEAP under this
Conh•act, Subrecipient shall maintain a master file containing the following information:
(1) "Multifamily Project Building Data Checklist' ;
Page 5 of 27
(2) Multifamily Project Completion Checiclist' ;
(3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units' ;
(4) °Landlord Agreement° form;
(5) "Landlord Financial Participation Form' ; and
(6) significant data required in all multifamily projects.
D. STANDARDS FOR MATERIALS. Materials standards documentation for weatherization material purchased
under this Conh•act must be maintained. These standards must meet the requirements according to Appendix A to
Part 440 of the WAP Regulations.
E. ACCESS TO RECORDS. Subrecipient shall give U. S. Department of Health and Human Services, the U.S.
General Accounting Office, the Texas Comptroller, the State Auditor's Office„ the Comptroller General of the
United States, and Deparhnent, or any of their duly authorized representatives, access to and the right to examine
and copy, on or off the premises of Subrecipient, all records pertaining to this Contract. Such right to access shall
continue as long as the records are retained by Subrecipient. Subrecipient agrees to cooperate with any
examination conducted pursuant to this Subsection E.
F. RECORD RETENTTON. Subrecipient agrees to maintain such records in an accessible location for the greater of:
(i) the time period described in the state Uniform Grant Management Standards, Chapter III, "State Uniform
Administrative Requirements for Grants and Cooperative Agreements", Subpart C-Post Award Requirements,
§_.42; or (ii) a date consistent with any other period required by the performed activity reflected in federal or state
law or regulation. Upon termination of this Contract, all records are property of the Department.
G. OPEN RECORDS. Subrecipient acknowledges that all information collected, assembled, or maintained by
Subrecipient pertaining to this Contract„ except records made confidential by law, is subject to the Texas Public
Infoimation Act (Chapter S52 of the Texas Government Code) and must provide citizens, public agencies, and
other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance
with the Texas Public Information Act.
H. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full Household assessment addressing all possible
allowable weatherization measures.
SECTION 10. REPORTING REQUIREMENTS
A. By the 15th of each month, Subrecipient shall electronically submit to Department a Performance Report listing
demographic information on all units completed in the previous month and an Expenditure Report lisring all
expenditures of funds under this Contract during the previous month. These reports are due even if Subrecipient has
no new activity to report during the month. Both reports shall be submitted electronically.
B. Subrecipient shall electronically submit to Deparhnent 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-flve (4S) days, any expenditures not reported to the
Deparhnent will result in funds being reallocated to LIHEAP purposes.
C. Subrecipient shall submit to Deparhnent no later than forty-five (45) days after the end of the Conh•act Term an
inventoiy of all vehicles, tools, and equipment with a unit acquisition cost of $ 5,000.00 or more and/or a useful life
of more than one year, if purchased in whole or in part with funds received under this or previous weatherization
assistance program Contracts. The inventoiy shall reflect the tools and equipment on hand as of the last day of the
Contract Term.
D. Subrecipient shall update the Previously Weatherized Units database no later than ffteen (15) days after the end of
each month of the contract for units weatherized under this Contract.
E. By the ISth of each month, Subrecipient shall elech•onically upload data on Households served in the previous
month into the LIHEAP Module 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. Deparlment of Health and Huinan
Services (HHS), or by the Deparhnent.
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G. If Subrecipient fails to submit, in a timely and satisfactoiy manner, any report ar 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, Deparhnent may suspend or terminate this Contract. If Subrecipient receives LIHEAP WAP funds
fi•om the Department over hvo or more Conh�acts of subsequent teims, 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.
H. Subrecipient shall provide the Deparhnent with a Data Universal Numbering System (DIJNS) number and a
Central Contractor Registration (CCR) System number to be used as the Unique Entity Identifier Number on all
contracts and agreements.. The DUNS number must be provided in a document from Dun and Bradstreet and the
cunent CCR number must be submitted from a document retrieved fi•om the wwwsam.gov website. These
documents must be provided to the Department prior to the processing fiist payment to Subrecipient. Subrecipient
shall maintain a current DIJNS number and CCR number for the entire Conh•act Term.
SECTION ll. CHANGES AND AMENDMENTS
A. Any change, addition or deletion to the terms of this Contract required by a change in federai or state lativ or
regulation is automatically incorporated herein and is effective on the date designated by such law or regulation
without the requirement of a written amendment hereto. Said changes, additions, or deletions referenced under this
Subsection A of Section 11 may be further evidenced in a written amendment.
B. Except as specifically provided otheitivise 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 Pariy 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 sixty (60) days prior
to the end of the Contract Term.
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or in part with
funds provided under this Contract in accordance with the state Uniform Grant Management Standards, more
specifically Chapter III, "State Uniform Administrative Requirements For Grants and Cooperative Agreements",
Subpart C- Post-Award Requirements--Financial Administration, §_.25, Program Income.
SECTION 13. INDEPENDENT SUBRECIPI�NT
It is agreed that Department is conh•acting with Subrecipient as an independent contractor.
SECTION 14. PROCiJREMENT STANDARDS
A. Subrecipient shall comply with UGMS, 10 TAC §1.404, and all applicable federal, state, and local laws,
regulations, and ordinances for making procurement h•ansactions and purchases under this Contract. If leveraging
DOE funds, Subrecipient shall also comply with 10 CFR §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 Conh•act or non-renewal of the funds hereunder, Deparhnent 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 fiinding.
Page 7 of 27
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to
expenditure and perfoimance 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 deliveiy of
client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client
assistance will be subject to monitoring by the Department as per Section 19 of this Contract. Subrecipient shall
inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and
workmanlike manner. Subrecipient shall make no payment to subcontractor until all work is complete and has
passed a final inspection.
B. In no event shall any provision of this Section 1S, 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. Deparhnent's approval
under this section does not constitute adoption, ratification, or acceptance of SubrecipienYs or subconh•actor's
performance hereunder. Department maintains the right to monitor and require Subrecipient's full compliance with
the terms of this Contract. Depariment's approva] 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. Eveiy 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 Deparhnent permit the Subrecipient
to subcontract the performance of assessments, audits and final inspections. The Deparhnent will review each
request separately to determine whether the request will be granted.
SECTION 16. MANAGEMENT OF EQUIPMENT AND INVENTORY
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 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, are not assets of either the Subrecipient ar 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 Departrnent before the purchase is made.
B. Subrecipient shall develop and implement a properiy management system, which complies with 10 TAC Section
1.407 of the State Rules. Subrecipient shall not use, h•ansfer, 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 properiy management system.
C. Upon termination of this Conh•act or non-renewal of the funds hereunder, the Department may require transfer of
the title of equipment to a third pariy 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 shail establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder
and shall promptly report to Deparhnent any loss, damage, or theft of property with an acquisition cost of Five
Thousand and No/100 Dollars ($5,000.00) or more.
E. In addition to the inventory of tools and equipment required under Section lOC, 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 deteiniined by the inventory and those shown in the property records shall be
investigated by Subrecipient to determine the cause of the difference.
Page 8 of 27
SECTION 17. BONDING AND INSURANC� REQUIREMENTS
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 conh•actor 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 fi•om 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 tort laws and, as such, generally, it does not
maintain a commerciai general liability insurance and/or auto liability policy. The Department strongly
recommends the Subrecipient require their contractors to carry pollution occurence insurance to avoid being liable
for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best cource to
take for implementing the pollution occurance coverage.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall give Deparhnent immediate written notice of any claim or action filed with a court or administrative
agency against Subrecipient and arising out of the perfoimance of this Contract or any subcontract hereunder.
Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 19. T�CH�TICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract.
Installation of weatherization materials shall be in accordance with the Material Installation Standards Manual.
B. Deparhnent 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 monitaring. Deparhnent may provide training and technical assistance to Subrecipient in correcting the
deficiencies noted. Deparhnent 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. Deparhnent 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 ar invoke other remedies Deparhnent determines to be
appropriate in the event monitoring reveals material deficiencies iu Subrecipient's performance, or Subrecipient
fails to correct any deficiency within a reasonable period of time, as determined by the Department. Deparhnent or
its designee may conduct an ongoing program evaluation throughout the Contract Term.
SECTION 20. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that it possesses the legai authority to enter into this Contract, to receive and
manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to
perform hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient's
constitutive documents or any requirement to which Subrecipient is subject and represents the legal, valid, and
binding agreement of Subrecipient, enforceable in accordance with its terms.
B. The person signing this Conh�act on behalf of Subrecipient hereby warrants that he/she has been authorized by
Subrecipient to execute this Contract on behalf of Subrecipient and to validly and legally bind Subrecipient to all
terms, provisions and performances herein.
C. Department shall have the right to suspend or te�minate this Contract if there is a dispute as to the legal authority of
either Subrecipient or the person signing this Conh•act on behalf of Subrecipient, to enter into this Conh•act or to
render performances hereunder. Subrecipient is liable to Department for any money it has received from
Department for perfoimance of the provisions of this Contract, if the Deparlment has terminated this Contract for
reasons enumerated in this Section 20.
Page 9 of 27
D. Subrecipient understands that it is an event of default under this Conh•act if the Subrecipient liquidates, terminates,
dissolves, merges, consolidates or fails to maintain good standing in the State of Texas, and such is not cured prior
to causing material harm to Subrecipient's ability to perform under the teims of this Contract.
S�CTION 21. COMPLIANC� WTTH LAVVS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the WAP Act, the
WAP Regulations, the LIHEAP Regulations, any applicable Office of Management and Budget (OMB) Circulars,
the Texas DOE WAP State Plan, LIHEAP State Plan, the State Rules, the certifications attached, and all federal,
state, and local laws and regulations applicable to the perfoimance of this Contract.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient a�rms by signing this Contract and Addendum B
that it is implementing the Drug-Free Workplace Act of 1988.
C. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipient must provide program appiications, 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 seivices, including ora] and
written translation, where necessary.
D. REHABILITATION ACT OF 1973. Section 504 of the Rehabilitation Act of 1973 apply to all applicants and
Subrecipients of financial assistance in the operation of programs or activities.
E. PROTECTED HEALTH INFORMATION. If Subrecipient collects or receives documentation for disability,
medical records or any other medical information in the course of administering the WAP program, Subrecipient
shall comply with the Protected Health Information state and federal laws and regulations, as applicable, under 10
TAC § 1.24, Chapter 181 of the Texas Health and Safety Code, the Heaith Insurance Portability and Accountability
Act of 1996 ("HIPAA") (Pub.L. 104-191, ll0 Stat. 1936, enacted August 21, 1996) the HIPAA Privacy Rules (45
CFR Part 160 and Subparts A and E of 45 CFR Part 164).
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective
management of all program and fiscal activities funded by this Contract. SubrecipienYs mternal 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 DeparhnenYs efforts to detect,
investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Deparhnent 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 ternis of this
Contract or of any law or regulation to Deparhnent or to any appropriate law enforcement authority, if the report is
made in good faith.
SECTION 23. CERTIFICATION I2�GARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Goveinment Code, by execution of this Contract, Subrecipient hereby certifies
that Subrecipient/Local Operator, or a branch, division, or deparhnent of Subrecipient does not and will not knowingly
employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment,
is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that
�manner in the United States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of
Subrecipient is convicted of a violation under 8 U.S.C. §1324a(fl, Subrecipient shall repay the public subsidy with
interest, at a rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies
Subrecipient of the violation.
SECTION 24. CONFLICT OF INTEREST/N�POTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts.
Page 10 of 27
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 ��ould 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 shail 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 far violations of such standards by officers,
employees, or agents of the Subrecipient.
D. Subrecipient shall, in addition to the requirements of this Section 24, follow the requirements of Chapter 171 of the
Local Government Code regarding conflicts of interest of officers of municipalities, counties, and certain other
local governments.
E. Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of
default under this Contract and may result in termination of this Contract or deobligation of funds.
SECTION 25. POLITICAL ACTIVITY AND LOBBYING PROHIBITED
A. None of the funds provided under this Contract shall be used far influencing the outcome of any election, or the
passage or defeat of any legislative measure. This prohibition shall not be conshued to prevent any official or
employee of Subrecipient from fuinishing to any member of its governing body upon request, or to any other local
or state official or employee or to any citizen infoiniation 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 suppiying 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 26. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. A person shall not be excluded from participation in, be denied the bene�ts 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. Subrecipients shall operate each program or activity receiving financial assistance so that the program or activity,
when viewed in its entirety, is readily accessible and usable by individuals with disabilities. Subrecipients are also
required to provide reasonable accommodations for persons with disabilities.
D. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of 1973 (5 U.S.C. §794)
Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§12131-12189; 47 U.S.C. §§155, 201, 218 and
255) as implemented by U. S. Deparhnent of Justice at 28 CFR Parts 35 and 36.
E. Subrecipient will include the substance of this Section 26 in all subcontracts.
SECTION 27. CERTIFICATION REGARDING C�RTAIN DISASTER RELIEF CONTRACTS
The Deparhnent 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 reconshuction efforts as a resuit of Hurricane Rita,
as defined by Section 39.459, Utilities Code, Hurricane Kah•ina, or any other disaster occuning after September 24,
2005; or assessed a penalty in a federal, civil or administrative enforcement action in connection with a conh•act
awarded by the federal government for relief, recovery, or reconsh•uction efforts as a result of Hurricane Rita, as defined
by Section 39.459, Utilities Code, Hurricane Kah�ina, or any other disaster occuiring after September 24, 2005.
By execution of this Contract, the Subrecipient/Local Operatar 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.
Page 1 I of 27
SECTION 28. TRAINING AND TECHNICAL ASSISTANCE TUNDS
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. Far training and technical assistance other than State or LIHEAP sponsored,
Subrecipient must receive prior written approval from the Department.
B. Travel funds are to be used only for Deparhnent-approved h�aining events. Subrecipient shall adhere to either its
board-approved travel policy (not to exceed the amounts established in subchapter I of Chapter 57 of Title 5,
United States Code "Travel and Subsistence Expenses, Mileage Aliowances), or in the absence of such a policy,
the State of Texas travel policies under Section 1.408 of the State Rules. SubrecipienYs written h•avel policy shall
delineate the rates which Subrecipient shall use in computing the travel and per diem expenses of its board
members and employees.
SECTION 29. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source,
nor may they in any way serve to reduce the funds or resources, which would have been available to or provided
through Subrecipient, had this Contr•act never been executed.
S�CTION 30. DEBARRED AND SUSPENb�D 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 h�ansaction", "debarred", "suspended", "ineligible",
"lower tier covered transaction", "participanP', "person", "primary covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in the certification attached as Addendum D, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. Subrecipient also certifies that it will not
knowingly award any funds provided by this Contract to any person who is proposed for debarment under 48 CFR Part
9, Subpart 9.4 or that is debarred, suspended, or otherwise excluded fi•om 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 requu•ement will be accomplished by checking
the System for Award Management ("SAM") at wwwsam.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 must verify 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 pai�ticipation under this
Contract. The certification or explanation will be considered in connection with the DepartmenYs determination
whether to continue with this Conh•act. 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 30, in all its subcontracts.
SECTION 31. NO WAIVER
Any right or remedy given to Deparhnent by this Conh•act shall not preclude the existeuce 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 Deparhnent's
right to exercise that or any other right or 3•emedy at a later time.
SECTION 32. ORAL AND WRITT�N AGRE�MENTS
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.
Page 12 of 27
B. The attachments enumerated and denominated belo�v 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 G LIHEAP Priority List
SECTION 33. 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.
SECTION 34. HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the
requirements of Section 106 of the National Histaric Preservation Act (16 U.S.C. §470) (NHPA). The Department has
provided guidance through the best practice document posted on the DepartmenYs website at
http:/hvww.tdhcastate.tac.us/community-affairs/wap/docs/WAP-BP-HistoricPresFlowchart.pdf.
SECTION 35. US� OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees who
use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase
of alcoholic beverages.
SECTION 36. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Conh�act may not be used for sectarian or explicitly religious activities such as worship,
religious inshuction or proselytization, and must be for the benefit of persons regardless of religious affiliation.
Subrecipient shall comply with the regulations promulgated by the U. S. Deparhnent of Health and Human Services
("HHS") at 45 CFR §87.2.
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 6.8 ofthe State Rules.
SECTION 38. SP�CIAL 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 MAJURE
An equitable adjushnent 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 uudeclared);
(3) Acts of teirorism, 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 occun•ence of such event, and such
occurrence could not have been circumvented by reasonable precautions and could not have been prevented or
circumvented tlu•ough the use of commercially reasonable alternative sources, workaround plans or other means.
Page 13 of 27
S�CTION 40. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the Te�as Government Code, it is the Deparhnent's policy to encourage the use
of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act and
the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Texas Government Code), to assist in the fair
and expeditious resolution of internal and external disputes involving the Deparhnent and the use of negotiated
rulemaking procedures for the adoption of Department rules. As described in Chapter 154, Civil Practices and
Remedies Code, ADR procedures include mediation. Except as prohibited by Department's ex parte communications
policy, Department encourages informal communications between Department staff and the Subrecipient, to exchange
information and informally resolve disputes. Deparhnent also has administrative appeals processes to fairly and
expeditiously resolve disputes. If at any time the Subrecipient would like to engage Deparhnent in an ADR procedure,
the Subrecipient may send a proposal to Department's Dispute Resolution Coordinator. For additional information on
Deparhnent's ADR policy, see Department's Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC
§1.17.
SECTION 41. TIME IS OF THE ESS�NC�
Time is of the essence with respect to SubrecipienYs compliance with all covenants, agreements, terms and conditions of
this Contract.
S�CTION 42. COUNTERPARTS AND FACSIMII.IE SIGNATURES
This Conh•act 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 43. NI7MBER, GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words
shall include the plural.
SECTION 44. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein refeired to as 'Notice
Address"):
As to Department:
TEXAS DEPAR"I'NIENT OF HOUSING AND COMMIJNITY AFFAIRS
P. O. Box 13941
Austin, Texas 78711-3941
Attention: Michael De Young, Director of Community Affairs
Telephone: (512) 475-2125
Fax: (512) 475-3935
michael.deyoung�tdhcastate.�.us
As to Subrecipient:
City of Fort Worth
1000 Tlu•ockmorton
Fort Worth, TX 761026312
Attention: Fernando Costa, Assistant City Manager
Telephone: (817) 392-6122 FaY: (817) 392-6134 Email: fernando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service,
or five days after mailing by certifed or registered mail, postage prepaid, return receipt requested, addressed to the
appropriate Notice Address as defined in the above Subsection A of this Section 44.
SECTION 45. V�NiJE AND JURISDICTION
This Contract is delivered and iirtended to be performed in the State of Texas. For purposes of litigation pursuant to
this Contract, venue shall lie in Travis County, Texas.
Page 14 of 27
SECTION 46. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this
Contract. If copyrighted materials are developed in the under this Conh•act, the Deparhnent and HHS shall each have a
royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use,
the copyrighted work for government purposes.
EXECUTED to be effective on January Ol, 2017
SUBRECIPI�NT:
City of Fort Worth
a politicat subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2017 4:38 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUiVITY AFFAIRS,
a public and official agency of tl�e State of Texas
By: Timothy K. Irvine
Title: Its duly authorized officer or representative
Date: February 22, 2017 8:58 am
Page I S of 27
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2017 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81170002654
APPROVED AS TO FORM AND LEGALITY:
��-��
�'��� �` ��- ���� =��_
Paige Mebane
Assistant City Attorney
��--��py`�.�
ATTEST: , � �, �s" . .. ,,Gy.
; .�' ' � ��.�+
; � /�/���� /Y" 1L/�� t� � :�
Mary J. ��e
City Secretary
M&C C-28125
Dated: February 21, 2017
�r ' •', ,�
���,... �:i���`��
CITY OF FORT WORTH
By: Fernando Costa (signed electi•onically-see attached contract)
Title: Assistant City Manager
Date: February 15, 2017
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Timothy K. Irvine (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: Febi-uary 22, 2017
Contract Compliance Manager:
By signing below, I acicnowledge that I am the person responsible for the monitoring and
administration of this conh•act, including ensuring all performance and reporting requirements.
Housing Program Supe�visor -
Title � �� � �
��FICIAL REC�RD
C�TY SECRETi4RY
�T. W�DRTH, TX
TE�AS DEPARTMENT OF AOUSING AND CONIMUNITY AFFAIRS
CONTRACT NUMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
ADD�NDUM 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 conh•act, 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, ar an employee of a Member of Congress in connection with this Federal conh•act,
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 shali 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 INSiJRANCE
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 empioyee of a Member of
Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its insh•uctions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by
Section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: February 15, 2017 4:38 pm
Page 16 of 27
TE�AS DEPARTM�NT OF HOUSING AND COMMiJNITY AFFAIRS
CONTRACT NUMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
ADD�NDUM B
Certification Regarding Drug-Free �Vorlcplace Requirements
This cer•tification is 1•eqa�irecl by the regedations inzplementi�ag the Dratg-Fi•ee Workplace Act of 1988: 45 CFR Par•t 76,
Subpnrt, F. Sectior�s 76.630(c) m�d (d)(2) and 76.645 (a)(1) and (b) provide that a Fedei�al agency n�ay designate a
central receipt point for STATE-NrIDE AND STATE ,4GENCY-WIDE certifrcatiw�s, and fw� notificatior� of crinsinal
d�•ug convictions. For the Deprn•tment of Health a�zd Hzmaan Se�vices, tl7e central point rs: Division of Grants
Management aTzd Oversig/Tt, Office of Mrnzagement and Acquisition, Depa��tment of Health anc� Human Services, Roon�
517-D, 200lndependence ftvem�e, Si3' N'ashington, DC 20201.
The undersigned certifies that it will or wiil 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 far violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurrmg in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will-
(1) Abide by the terms ofthe 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 fve calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days a$er receiving notice under paragraph (d)(2) from an
employee or otherwise receivmg 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 cenhal point for the receipt of such notices.
Notice shall include the identification number(s) of each af�'ected grant;
(� 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 warkplace through implementation of paragraphs
(a), (b), (c), (d), (e) and (fl.
Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include street
address, city, county, state, zip code):
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 761026312
Page 17 of 27
Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where
work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority
or State highway department while in operation, State employees in each local unemployment office, performers in
concert halis 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 offce and
make the information available for Federal inspection. Failure to identify all known workplaces constitutes a
violation of the Subrecipient's drug-fi•ee workplace requirements.
This certiflcation 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, Deparhnent, in addition to any other remedies available to the Federal
Government, may take action autharized under the Drug-Free Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: Februa�y 15, 2017 4:38 pm
Page 18 of 27
T��AS DEPARTMENT OF HOUSING AND COMMiJNITY AFFAIRS
CONTRACT NUMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
ADDENDUM C
CERTII+ICATION REGARDING ENVIRONMENTAL TOBACCO SMOK�
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 ar Medicaid funds, and portions of facilities used for inpatient drug
or alcohol treahnent. 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: Fernando Costa
Title: Assistant City Manager
Date: Febi•uaiy 15, 2017 4:38 pm
Page 19 of 27
T�iAS D�PARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTAER
RESPONSIBILITY MATTERS
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debaired, suspended, proposed for debairnent, declared ineligible, or voluntarily excluded by
any Federal deparhnent 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 crimina] 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 certifcation; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) tei�ninated 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-Subcontracts/Lower Tier Covered
Transaction," without modification, in all subcontracts and in all solicitations for subcontracts:
"CERTIFICATIONREGARDING DEBARMENT, SUSPENSION, INELIGIBILITYAND VOLUNTARY
EXCLUSION-SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifres, by szrbmrssion of this proposal, that neither it
rtor• its pr•incipals is presently debar��ed, szispended, proposed for debaime�tt, declared ineligible, or• voluntarily
excluded from pm•ticipation in tltis transaction by any Fede�•al depm•tment or agency.
(2) i3'here the prospective lowe�• tier participanl/subcontractor is unable to cert� to any of the statements in this
certifrcation, such prospective participant sha11 attacla an expla�aation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[SignatureJ
Title:
Dnte: "
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 certi�cation, in addition to any other
remedies available to the Federal Government, the Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City of Fm•t Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: Febi•uary 15, 2017 4:38 pm
Page 20 of 27
TE�AS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
��ffiBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Tm•t Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
� 814,966.00 LIHEAP FITNDS CIIRRENTLY AVAILABLE
� 2,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CLJRRENTLY AVAILABLE
$ 814,966.00 TOTAL ANTICIPATED LIHEAP FUNDS
$ 2,000.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FiJNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current
Contract Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS i
CATEGORIES FUNDS
Z Administration $ 58,903.00
3 Materials / Program Support / Labor $ 604,850.00
4 Heatth and Safety $ 151,213.00
SUB-TOTAL � 814,966.00
5 Training and Technical Assistance $ 2,000.00
TOTAL $ 816,966.00
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 hvo (2) requested budget revisions during the cuirent Contract Term. Only those written request(s) from the
Subrecipient c•eceived 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.
z Denotes maaimuin for Administrative based on 7.21% of total allowable expenditures.
3 Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget.
4 Denotes the maximum allowed for Healtli and SafeTy expenditures.
S Department approved training / travel only.
Page 21 of 27
P�RFORMANCE
Subrecipient's service area consists of the following Texas counties:
TARRANT
Work orders must be submitted to weatherization contractars no later than December 30, 2016 for any weatherization
acrivities to be completed under this Contract All weatherization activities including final inspection must be
completed no later than January 31, 2017.
Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited
to: payment of invoices, and quality assurance activities for a period no to exceed 45 days from the end of the Conh•act
Term defined in Section 2 of this Contract.
These costs shall be reported on the final report described in Section 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during
the Contract Teim. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses,
shall not exceed $6,500.00 per unit without prior written approval from the Deparhnent The cumulative total cost per
unit (materials, labor, and program support), shall not exceed the ma�imum allowable by end of the Contract Term.
Page 22 of 27
T�XAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NIJMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
�7�HIBIT 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 LIHEAP
funds is a qualified recipient far funding under the Personal Responsibility and Work Opportunity Act of 1996,
("PRWORA"), Pub. L. 104-193, ll0 Stat 2105, codified at 8 U.S.C. §1601 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 (8 U.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 alienage 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
infoimation Department believes is necessary to verify that Subrecipient is a non-profit charitable organization. An
organization is "nonproft" 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.
CERTIFICATION REGARDING US� OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAV�) 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 deteimine 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 infonnation, including (1) information from the
applicant's immigration or naturalization documentation for initial automated verification, (2) additional information
obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional verification. For manual
only verification, ensure that Forms G-845 and other documents and information required for manual verification are
provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use
SAVE on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE required training
including: reading the SAVE Program Guide, taking the latest version of Web tutorial(s),
http://www.uscis.gov/save/what-savelsave-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) Ensw•e that Users are provided with and maintain User lds only while they have a need to perfoizn verification
procedures;
Page 23 of 27
(fl 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/menuitem.ebld4c2a3e5b9ac89243c6a7543f6d1a/?
vgnextoid=0d37dffd79029310VgnVCM100000082ca60aRCRD&vgnextchanne1=0d37dffd79029310VgnVCM100000
082ca60aRCRD
(h) Ensure all Users perfoim 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 puipose 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 himlher may
do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at
http://www. uscis.gov/USCIS/Verification/SAVE/SA VE_Native_Documents/Fact_Sheet_HowToCorrectYourRecordsw
ithUSCIS.pdf (subject to revision and reposting on the SAVE Website and Online Resources);
(I) 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;
(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 bene�ts based solely ar in part on the SAVE response with adequate
written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct
their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact
D H S - U S C I S i s p o s t e d a t
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact Sheet_HowToCm•rectYourRecordsw
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 verifcation
requirements of Section 274A of tbe Immigration and Nationality Act, 8 U.S.C. Section 1324a.
(2) Monitorine and Compliance.
(a) Allow Deparhnent and SAVE Monitoring and Compliance to monitor and review all records and documents related
to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to
original applicant consent documents required by the Privacy Act, 5 U.S.C. 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 occun•ed as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget
(OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable
Information;"
(d) Allow Deparhnent and SAVE Monitoring and Compliance to monitor and review all records and documents related
to the use, abuse, misuse, fi•audulent 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;
Page 24 of27
(e) Allow Deparhnent and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review
Subrecipient's compliance with this E�hibit C and all other SAVE-related policy, procedures, guidance and la��
applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received
pursuant to this Conh•act;
(fl Allow Deparhnent and SAVE Monitoring and Compliance to perfoirn audits of Subrecipient's User lds use and
access, SAVE Training Records, SAVE financial records, SAVE biographical infarmation, system profiles and usage
patterns and other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact
persons or other personnel within the Subrecipient's organization or relevant conh•actors regarding any and all questions
or problems which may arise in connection with the Subrecipient's participation in SAVE;
(h) Allow Deparhnent 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 eveiy
written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding
waste, fraud, and abuse, and discrimination ar any misuse of the system, non-compliance with the terms, conditions and
safeguards ofthis Exhibit C, SAVE Program procedures ar other applicable law, regulation or policy.
Criminal Penalties..
(1) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted by law,
including, but not limited to, the prosecution of violations of Federal administrative or criminal law.
(2) The Subrecipient acknowledges that the information it receives from DHS-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 penaities.
Third Party Liabilitv.
(1) Each party to this contract shall be solely responsible for its otivn defense against any claim or action by third parties
arising out of or related to the execurion 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 procedurai,
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
Michael De Young
Director of Community Affairs Division
Texas Departrnent of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512) 475-2125
Email: michael.devoun��tdhcastate.�.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Deparhnent of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: saveregistration�dhs.�ov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
Phone: (888) 464-4218
Email: save.monitoring�dhs.�ov
Page 25 of 27
TEXAS DEPARTMENT OF HOUSING AND COMMUiVITi' AFFAIRS
CONTRACT N [.JMBER. 81170002654
FY 2017 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
EXHIBIT C
LIHEAP PRIORITY LIST
For Single-Family, Mobile Homes, and Small Multi-Family Buildings
City of Fort Worth
a political subdivision of the State of Texas
An energy conservation measure (ECM) may include contributoiy items necessaiy 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 �n•apped for the total ECM cost.
Conh•ibutory items, as defined by the Department, means items required by WAP field standards to achieve a final
product in a typical installarion. Contributory items must be necessary to complete the proper installation and ensure
proper performance of the ECM.
Incidental Repairs, as defined by the Deparhnent, means those repairs necessary on items for the effective preservation
of weatherized materials.
Health & Safety Items
• Must meet ASIIRAE Standard
. Refer to H&S guidance located on the Departrnent website at the following link:
http://www.tdhca. state.�.us/community-affairs/wap/guidance.htm#healthsafety
. To include cook stoves - refer to Chapter 8 of the MISM
http://w�vw.tdhca. state.tx.us/community-affairsJwap/docs/WAP-MISM.pdf
2. Infiltration Measures, MaYimum Cost
. $1000, maximum cost
• Must follow Material Installation Standards located on the Department's website at the following link:
http:/1�vww.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf
. When solely utilizing the LIHEAP Priority List, minimum CFM reduction is not required
. All cost (labor and materiais) must be detailed on the Building Weatherization Report (BWR)
. Complete Blower poor Data Sheet as instructed
3. Duct Sealing or Replacement
. $1000, 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 eode
• Block all heat sources & attic hatches
. If no insulation is added but ventilation needed, install ventilation under H&S
5. Compact Florescent Lighting (CFLs) or Light-emitting Diodes (LEDs), water savers, and pipe and water heater
insulation
. Install maximum of 10 CFLs/LEDs per house
. Water saveis consist of kitchen, bath, and shower
6. SidewallInsulation
• Dense pack all exterior wall cavities including above and below all ��indows and doars if no insulation exists
7. Smart Thermostat
. Install only after consultation/h•aining 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 refi•igerant properly
disposed of to E.P.A. regulations
Page 26 of 27
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
screenshvindow 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
• Materials include: lumber, shingles, flashing, siding, drywall, masomy 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 carpenhy 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"
. Essentiai 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 furnace/ACJHVAC as energy efficiency measure is a possibility
i. Must meet current Energy Star rating; if Energy Star rating is unavailable, contact Department for
guidance.
ii. Must document accurate Manual J and Manual S in client file
iii. HVAC units with a SEER or downgraded SEER of ll 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 Ef�iciency (AFUE) or downgraded AFUE of 65%
or less should be replaced with a high efficiency unit, not less than 90% AFUE. 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. ChecWadjust gas pressure
iv. Clean blower wheel (squirrel cage)
v. Check all controls, set heat anticipator if applicable
• 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 tlu•ee (3) window units can be replaced
• Must be Energy Star Rated and sized according to manufacturer's room sizing specifications
13. Doors and/ar Windows
. Doors or windows that are structurally unsound or unable to be repaired may be replaced.
Page 27 of 27
City of Fort Wof•tlz, Texres
Mayoi• and Council Communication
COITNCIL ACTION: Approved on 2/21/2017 - Ordinance No. 22617-02-2017
DATE: Tuesday, Februaiy 21, 2017 REFERENCE NO.: G28125
LOG NAME: 19NS TDHCA-LIHEAP2017
SUBJECT:
Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs for the 2017 Low-Income Housing Energy Assistance
Program, a Federal Funded Program Sponsored by the U.S Department of Health
and Human Services Designed to Provide Assistance for Low to Moderate
Income Residents to Lower Home Energy Costs in an Amount Up to
$2,000,000.00, Authorize Related Contracts, Adopt Appropriation Ordinance
and Waive Indirect Costs (ALL COLTNCIL DISTRICTS)
RECOMMENDATION:
It is recominended that the City Council:
1. Authorize the acceptance of a grant from the Texas Departinent of
Housing and Community Affairs in an amount up to $2,000,000.00 for the 2017
Low-Income Housing Energy Assistance Program;
2. Authorize the execution of related contracts, including any amendments,
BXteT15i0uS a2'i(�i 2'e118Wa�S� in accordance wit�1 �i� pOliCieS aTICl regulatians,
with the Texas Department of Housing and Community Affairs for the grant
funds for program year January 1, 2017 through December 31, 2017;
3. Adopt the attached appropriation ordinance increasing estunated receipts
and appropriations in the Grants Fund in. the amount of $2,000,000.00,
subject to receipt of the grant; and
4. Waive indirect costs in the amount of $22,275.00.
DISCUSSION:
Since 1982, the City has operated the Low-Iucome Housing Energy Assistance
Program (LIHEAP) through grants from the Texas Department of Housing and
Coinmunity Affairs (TDHCA). This program serves low-income residents in
Tarrant Counry 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
toial allowable expenditures foi• the Low-Income Housing Energy Assistance
Program.
The City has weatherized approximately 134 houses with funding from this
grant between January and September 2016 and will target compleiing 150
houses in 2017. Overall, the Low-Income Housing Eneigy Assistance Program
has completed 150 units during the same period in Fort Worth and Tai��ant
County.
A waiver by the City of indirect costs will maximize benefits. LIHEAP
provides for 2S0 full time positions with estimated direct salaries of
$135,000.00. The addition of indirect costs would result in the reduction
of seivices and staff. The estimated indirect costs to be waived is
$22,275.00.
This program services ALL COUNCIL DISTRICTS.
This cont�act will be with a governmental entity, state agency or public
institution of higher education: Texas Department of Housing and Community
Affairs.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that, upon approval of the above
recommendations, receipt of the grant, and adoption of the attached
appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund. This is a reimbursement grant.
FUND IDENTIFIERS (,FIDsI:
TO
Department Project
Fund � Account ID
FROM
Department Project
Fund ID Account ID
CERTIFICATIONS:
Submitted for Citv Mana�er's Office bv:
Originating De�artment Head:
Additional Information Contact:
ATTACHMENTS
Program Activity
Program Activity
1. 19NS TDHCA-LIHEAP2017 AO v2.docx �Pubt�o)
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Aubrey Thagard (8187)
Sonia Singleton (5774)