HomeMy WebLinkAboutContract 33780 CITY SECRETAFiY D
CONTRACT NO.
LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
ATTACHMENT A - BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: FORT WORTH, CITY OF, HOUSING DEPARTMENT
CONTRACT NUMBER: 816039
CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is
April 1, 2006 through March 31, 2007 (hereinafter the "Contract Term") .
DEPARTMENT FINANCIAL OBLIGATIONS
$468,469.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$468,469.00 TOTAL ANTICIPATED LIHEAP FUNDS
$.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s) . Funds may only be obligated
and expended during the current contract year. Unexpended fund balances will be
recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS*
CATEGORIES AVAILABLE AMOUNT
-------------------------------------- ----------------
ADMINISTRATION** $29,279.00
MATERIALS/PROGRAM SUPPORT/LABOR $395,271.00
ROOF REPAIR*** $19,764.00
HEALTH AND SAFETY**** $43,919.00
SUB-TOTAL $468,469.00
TRAINING AND TECHNICAL ASSISTANCE***** $.00
-------------------------------------- ----------------
TOTAL $468,469.00
DWELLING UNITS TO COMPLETE 140
FOOTNOTES:
* Denotes that a request to adjust any budget categories must be received
in writing before the adjustment can be made to the budget breakdown.
The only categories that can be adjusted are the Administration and/or
the Health and Safety categories. Subrecipients are limited to 2
requested budget revisions during the current contract term. Written
request(s) must be received at least 90 days prior to the end of the
contract term (by December 31, 2006) .
** Denotes maximum for administration based on 6.25% of total allowable
expenditures.
*** The Roof Repair budget can not exceed 5% of the Materials / Program
Support / Labor budget. Expenses incurred under Roof Repair will come
come out of your Materials / Program Support / Labor budget. The Roof
Repair budget is part of the total LIHEAP allocation, not in addition
to the total.
**** Denotes the maximum allowed for Health and Safety expenditures.
***** Department approved training / travel only.
PERFORMANCE 11
Subrecipient's service area consists of the following Texas counties:
07-03-06 Al 1 :08 IU,
Tarrant County
Subrecipient shall provide weatherization program services to complete a
minimum of 140 dwelling units during the contract term. WAP costs per
unit,excluding health and safety expenses and roof repair as allowed by state
regulation,shall not exceed$2,826 without prior written approval from the
Department.
EFFECTIVE: 04/01/2006
FORT WORTH, CITY OF, HOUSING DEPARTMENT
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BY: Jerome C.Walker OnC _ 6
FORT WORTH, CITY OF, GRANT ADMIN. CUTIVE DIRECTOR DA
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
BY: Michael Gerber
Michael Gerber,EXECUTIVE DIRECTOR
This contract is not effective unless signed by the Executive Director of the
Department or their authorized designee.
APPROVED FOR THE FORT WORTH CITY MANAG R'S OFFICE
1
BY:
APPROVED AS TO FORM AND LEGALITY:
SR.ASSISTANT CITY ATTORNEY
CITY SECRETARY
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CONTRACT AUTHORIZATION 4
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DATE
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER: 816039 FOR THE
LIHEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568)
SECTION 1. PARTIES TO CONTRACT
This contract (hereinafter "Contract") is made by and between the Texas
Department of Housing and Community Affairs, an agency of the State of
Texas (hereinafter the "Department") and FORT WORTH, CITY OF, HOUSING DEPARTMENT
(hereinafter the "Subrecipient") . The term of this Contract shall be
for the period identified under Attachment A - Budget and Performance
Document (hereinafter Attachment A) .
SECTION 2. SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area,
develop and implement a Weatherization Assistance Program (WAP) in
accordance with Attachment A of this Contract. Subrecipient shall
develop and implement the WAP to assist in achieving a prescribed level
of energy efficiency in the dwellings of low-income persons. Priority
will be given to households with elderly, persons with disabilities,
households with young children under 6 years of age (in proportion to
the current demographics for age, income, and ethnicity for
Subrecipient,s service area) , and/or households with a high energy
burden and households with high energy consumption. Subrecipient shall
implement WAP in accordance with the provisions of Part A of the Energy
Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C.
Sec. 6861 et seq.) , the U.S. Department of Energy (DOE) regulations
codified in 10 C.F.R. Parts 440 and 600, any applicable Office of
Management and Budget (OMB) Circulars, the Texas WAP State Plan, the
Texas LIHEAP State Plan, State weatherization regulations, The Low-
Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. Sec.
8621 et seq.) , the implementing regulations in 45 C.F.R. Part 96, and
the terms of this Contract.
SECTION 3. DEPARTMENT FINANCIAL OBLIGATIONS
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A. In consideration of Subrecipient's satisfactory performance of this
Contract, Department shall reimburse Subrecipient for the actual
allowable costs incurred by Subrecipient in the amount specified in
Attachment A of this Contract.
B. Department's obligations under this Contract are contingent upon
the actual receipt by Department of federal LIHEAP program funds.
If sufficient funds are not available, Department shall notify
Subrecipient in writing within a reasonable time after such fact is
determined. Department shall then terminate this Contract and will
not be liable for the failure to make any payment to Subrecipient
under this Contract.
C. Department is not liable for any cost incurred by Subrecipient
which;
(1) is incurred to weatherize a dwelling unit which is not an
eligible dwelling unit as defined in 10 C.F.R. Sec. 440.22;
(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 10 C.F.R. Sec. 440.18(e) (2) ;
(4) is for Subrecipient's administrative costs incurred in excess
of the maximum limitation set forth in Section 8 of this
Contract;
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(5) is not incurred during the Contract year;
(6) is not reported to Department on a LIHEAP Progress Expenditure
Report/Monthly Funding Report (hereinafter "Funding Report")
within sixty (60) days of the termination of this Contract
year;
(7) is subject to reimbursement by a source other than Department;
or
(8) is made in violation of any provision of this Contract or any
provision of federal or state law or regulation, including,
but not limited to those enumerated in this Contract.
D. Subrecipient shall refund, within fifteen (15) days of Department's
request, any sum of money paid to Subrecipient which Department
determines has resulted in an overpayment or has not been spent in
accordance with the terms of this Contract. Department may offset
or withhold any amount otherwise owed to Subrecipient under this
Contract against any amount owed by Subrecipient to Department
arising under this or any other Contract between the parties.
SECTION 4. METHOD OF PAYMENT / CASH BALANCES
A. Each month, Subrecipient may request an advance payment of LIHEAP
funds under Attachment A by submitting a Funding Report to
Department (through the electronic reporting system) at its offices
in Travis County, Texas. Subrecipient must maintain and follow
written procedures to minimize the time elapsing between the
transfer of funds from Department and the disbursement of such
funds by Subrecipient.
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B. Subreci ient's requests for advances shall be limited to theme'
minimum amount needed to perform and timed to be in accordance with
actual, immediate cash requirements of the Subrecipient in carrying
out the purpose of this Contract. The timing and amount of cash
advances shall be as close as administratively feasible not to
exceed a 30 day projection of the actual disbursements by the
Subrecipient for direct program costs and the proportionate share
of any allowable indirect costs.
C. Subsection 4(A) notwithstanding, Department reserves the right to
use a cost reimbursement method of payment for all funds if (1)
Department determines that Subrecipient has maintained excess cash
balances; (2) Department identifies any deficiency in the cash
controls or financial management system maintained by Subrecipient;
(3) Department determines that a cost reimbursement method would
benefit the program (4) Department's funding sources require the
use of a cost reimbursement method; or (5) Subrecipient fails to
comply with any of the reporting requirements of Section 10.
D. All funds paid to Subrecipient under this Contract are paid in
trust for the exclusive benefit of the eligible recipients of the
weatherization assistance program and for the payment of the
allowable expenditures identified in Section 8 of this Contract.
SECTION 5. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as expressly modified by law or the terms of this Contract,
Subrecipient shall comply with the cost principles and uniform
administrative requirements set forth in the Uniform Grant and Contract
Management Standards, 1 T.A.C. Sec. 5.141 et seq. (the "Uniform Grant
Management Standards") . All references to "local government" shall be
construed to mean "Subrecipient." Uniform cost principles for local
governments are set forth in OMB Circular No. 87, and for non-profits
in OMB Circular No. 122. Uniform administrative requirements for local
governments are set forth in OMB Circular No. 102 and for non-profits
in OMB Circular No. 110.
SECTION 6. USE OF ALCOHOLIC BEVERAGES
None of the funds provided under this Contract shall be used for the
payment of salaries to any employee who uses alcoholic beverages while
on active duty. No funds provided under this Contract shall be used
for the purchase of alcoholic beverages.
SECTION 7. TERMINATION AND SUSPENSION
A. Department may terminate this Contract, in whole or in part, at any
time Department determines that there is cause for termination.
Cause for termination includes but is not limited to Subrecipient's
failure to comply with any term of this Contract, with the
Department's "Criteria and Procedures for Termination or Nonrenewal
of Weatherization Subgrantee Contracts" -- Policy Issuance #95-
12.8, any State weatherization regulation, and the WAP State Plan.
Department shall notify Subrecipient in writing at least thirty
(30) days before the date of termination.
B. Nothing in this Section shall be construed to limit Department's
authority to withhold payment and immediately suspend
Subrecipient's performance under this Contract if Department
identifies possible instances of fraud, abuse, waste, fiscal
mismanagement, or other serious deficiencies in Subrecipient's
performance. Suspension shall be a temporary measure pending
either corrective action by Subrecipient or a decision by
Department to terminate this Contract.
C. Department shall not be liable for any costs incurred by QJ
Subrecipient after termination or during the suspension of this
Contract. The termination or suspension of this Contract
notwithstanding, Subrecipient shall not be relieved of any
liability for damages due to Department by virtue of any prior or
future breach of this Contract by Subrecipient. Department may
withhold any payment otherwise due to Subrecipient until such time
as the exact amount of damages owed to Department by Subrecipient
is determined and paid.
SECTION 8. ALLOWABLE EXPENDITURES
A. The allowance of Subrecipient's costs incurred in the performance
of this Contract shall be determined in accordance with the
provisions of Section 5 and the regulations set forth in 10 C.F.R.
Sec. 440.18, subject to the limitations and exceptions set forth in
this Section.
B. To the maximum extent practicable, Subrecipient shall utilize funds
provided under this Contract for the purchase of weatherization
materials. All weatherization materials installed must have an
approved State of Texas Energy Audit SIR of one (1) or greater
unless otherwise indicated. All measures related to the insulation
of ceilings, exterior walls and floors are included as proposed
measures in the approved State of Texas Energy Audit on all units
not insulated to prescribed standards and suitable to receive these
measures. 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 materials with the smallest
SIR or until the maximum allowable per unit expenditures are
achieved. Subrecipient shall weatherize eligible dwelling units
using only weatherization materials which meet or exceed the
standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A and
are installed in compliance with the Texas Weatherization Field
Guide and Texas Mechanical Systems Field Guide.
Allowable WAP expenditures under Attachment A include:
(1) the purchase and delivery of weatherization materials as
defined in 10 C.F.R. Sec. 440.3; (2) labor costs for doors, primary
windows & storm windows that will result in approved energy savings
with a savings to investment ratio (SIR) of one (1) or greater in
accordance with 10 C.F.R. Sec. 440.19; (3) the cost of
weatherization materials and labor for heating and cooling system
tune ups, repairs, modification, or replacements if such will
result in improved energy efficiency as demonstrated by SIR of one
(1) or better in the approved State of Texas Energy Audit and,
whenever available, heating and cooling systems must have an Energy
Star rating; (4) transportation of weatherization and repair
materials, tools, equipment, and work crews to a storage site and
to the site of weatherization work; (5) maintenance, operation, and
insurance of vehicles used to transport weatherization materials;
(6) maintenance of tools and equipment; (7) purchase or lease of
tools or equipment; (8) employment of on-site supervisory
personnel; (9) storage of weatherization materials, tools, and
equipment; (10) incidental repairs (such as repairs to roofs,
walls, floors, and other parts of a dwelling unit) if such repairs
are necessary for the effective performance or preservation of
weatherization materials (If incidental repairs are necessary to
make the installation of the weatherization materials effective,
the cost of incidental repair materials charged to WAP funds
awarded under Attachment A shall not exceed the cost of
weatherization materials charged to WAP funds and shall have a
whole house SIR of one (1) or greater on the approved State of
Texas Energy Audit.) ; (11) allowable health and safety measures;
and (12) allowable base load measures. Health and Safety funds not N'q ',ji'� iC 'i
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expended may be moved to the labor, materials, and program support $V RA11 "
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category. These changes will require a Contract action; therefore,
Subrecipient must provide written notification to the Department at
least 90 days prior to the end of the Contract term before these
funds can be moved.
C. Administrative costs incurred by Subrecipient in performing this
Contract are to be based on actual expenditures and shall be
allowed up to the amount outlined in the Attachment A. Allowable
administrative costs may include reasonable costs associated with
Subrecipient's administrative personnel, travel (out of service
area) , 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
D. To the maximum extent practicable, Subrecipient shall secure the
services of (1) volunteers, (2) training participants, and (3)
public service employment workers assisted pursuant to the Job
Training Partnership Act, to weatherize dwelling units under the
direction of qualified supervisors.
SECTION 9. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall comply with the record keeping requirements set
forth at 10 C.F.R. Sec. 440.24 and with such additional record
keeping requirements as specified by Department.
B. For each dwelling unit weatherized with funds received from WAP
under this Contract, Subrecipient shall maintain a file containing
the following information:
(1) completed Application for Weatherization Services indicating
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the ages of the residents, households with children under 6
and persons with disabilities;
(2) 12 month customer billing history for utilities / consumption
release form;
(3) eligibility documentation (proof of income eligibility shall
consist of checks, check stubs, award letters, employer
statements, or other similar documents -including total income
and public assistance payments) ; no dwelling unit shall be
weatherized without documentation that the dwelling unit is an
eligible dwelling unit as defined in 10 C.F.R. Sec. 440.22.
All proof of income must be within 12 months of the start date
indicated on the BWR. Effective January 1, 2005, all new
applications must have proof of income, or no income, for the
previous 30 days;
(4) Building Weatherization Report to include certification of
final inspection;
(5) invoices of materials purchased or inventory removal sheets;
(6) invoices of labor;
(7) if a rental unit, Landlord Agreement Form (including Exhibits
A and B), and Landlord Financial Participation Form and
Permission to Conduct Energy Audit Form (Department form) ; and
all forms as required by WAP Policy Issuance #04-11.30;
(8) Self-help Certification (Department form) , if applicable;
(9) Notice of Denial (Department form) , if applicable;
(10) Signed and dated Building Assessment form;
(11) Attic Inspection (local design allowed) ;
(12) Wall Inspection (local design allowed) ;
(13) Justification for Omission of Priorities (local design
allowed) , if applicable;
(14) Documentation of pre & post-weatherization carbon monoxide
readings for all combustible appliances used in the
conditioned space;
(15) Blower Door Data Sheet;
(16) Copy of the cover sheet, SIR page, and Suggested Repairs and
Measures page for the approved State of Texas Energy Audit;
(17) Complete approved State of Texas Energy Audit on disk and a
disk back-up for all units weatherized; and,
(18) Other forms as may be required by Policy Issuances.
WAP unit files for this Contract shall be kept separate from "DOE-
WAP" files and assigned a numerical unit identification number.
Each number shall be preceded by the Contract year.
C. Materials standards documentation for weatherization materials
purchased under this Contract must be maintained. These standards
must meet the requirements as per Appendix A of 10 CFR 440 and the
Texas Weatherization Field Guide and Texas Mechanical Systems Field
Guide.
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D. Subrecipient shall give the federal and state funding agencies, the
Comptroller General of the United States, and Department access to
and the right to reproduce all records pertaining to this Contract.
All such records shall be maintained for at least three years after
final payment has been made and all other pending matters are
closed. Subrecipient shall include the requirements of this
Subsection in all subcontracts.
E. All WAP records maintained by Subrecipient, except records made
confidential by law, shall be available for inspection by the
public during Subrecipient's normal business hours to the extent
required by the Texas Public Information Act, TEX. GOV'T CODE ANN.
Chapter 552.
SECTION 10. REPORTING REQUIREMENTS
A. Subrecipient shall electronically submit to Department no later
than fifteen (15) days after the end of each month of the Contract
term a Funding Report of all expenditures of funds under this
Contract during the previous month. The Funding Report is due
even if Subrecipient has no new activity to report during the
month. All reports shall be submitted electronically.
B. Subrecipient shall electronically submit to Department no later
than sixty (60) days after the end of the Contract term a final
expenditure and programmatic report utilizing the Funding 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.
C. Subrecipient shall submit to Department no later than sixty (60) �'iZ
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days after the end of the Contract term an inventory of all �Uli RIG
vehicles, tools, and equipment with a unit acquisition cost of
$5,000.00 or more and a useful life of more than one year, if
purchased in whole or in part with funds received under this or
previous weatherization assistance program Contracts. The
inventory shall reflect the tools and equipment on hand as of the
last day of the Contract term.
D. Subrecipient shall submit other reports, data, and information on
the performance of this Contract as may be required by DOE pursuant
to 10 C.F.R. Sec. 440.25, by HHS or by the Department.
E. If Subrecipient fails to submit, in a timely and satisfactory
manner, any report or response required by this Contract, including
responses to monitoring reports, Department may withhold any and
all payments otherwise due or requested by Subrecipient hereunder.
Payments may be withheld until such time as the delinquent report
or response is received by Department. If the delinquent report or
response is not received within forty-five (45) days of its due
date, Department may suspend or terminate this Contract. If
Subrecipient receives WAP funds from the Department over two or
more Contracts of subsequent termss, 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.
SECTION 11. CHANGES AND AMENDMENTS
Any change in the terms of this Contract required by a change in state
or federal law or regulation is automatically incorporated herein
effective on the date designated by such law or regulation and
subrecipient is on constructive notice of this change whether actual
notice is provided. Except as otherwise specifically provided herein, V�9�V�nai
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any other change in the terms of this Contract shall be by amendment in
writing and signed by both parties to this Contract or by a Letter of
Notification (LON) signed by Department.
SECTION 12. DEPARTMENT ISSUANCES
Department may issue policy directives which serve to establish
subrecipient eligibility or interpret and clarify the terms of this
Contract. Such policy directives shall be in the form of a Policy
Issuance (WAP, General, or Memorandum) . An Issuance shall not alter
the terms of this Contract so as to relieve Department of any
obligation of reimbursement of an allowable cost incurred by
Subrecipient prior to the effective date of the Policy Issuance. All
WAP Policy Issuances promulgated by Department, whether before or after
the date this Contract is executed, shall govern the performance of
this Contract until specifically rescinded by Department.
SECTION 13. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an
independent contractor. Subrecipient agrees to indemnify Department
against any disallowed costs or other claims, which may be asserted by
any third party in connection with the services to be performed by
Subrecipient under this Contract.
SECTION 14. PROCUREMENT STANDARDS & SUBCONTRACTS
A. Subrecipient shall develop and implement procurement procedures,
which conform to the uniform administrative requirements referenced
in Section 5 of this Contract. Subrecipient shall not procure
supplies, equipment, materials, or services except in accordance
with its procurement procedures and WAP Policy Issuance 402-10.2.
All procurement Contracts, other than "small purchases" as defined
in WAP Policy Issuance #02-10.2, shall be in writing and shall
contain the provisions required by WAP Policy Issuance #02-10.2.
Subrecipient must obtain advance written permission from the
Department before purchasing any vehicle.
B. Subrecipient shall ensure that its subcontractors comply with all
applicable terms of this Contract as if the performance rendered by
the subcontractor was being rendered by Subrecipient. 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.
C. It is the sole responsibility of Subrecipient's authorized
weatherization staff to perform every initial assessment, every
approved State of Texas Energy Audit, and every final inspection.
In an emergency situation, Subrecipient may request in writing that
the Department waive this requirement. The Department will review
each request separately to determine whether a waiver will be
granted, the conditions for the waiver, and the maximum time
allotted for the waiver. Under no circumstances will a waiver be
granted for longer than six months. Failure to strictly adhere to
this policy will result in disallowed costs.
SECTION 15. AUDIT
A. Subrecipient shall arrange for the performance of an annual
financial and compliance audit of funds received and performances
rendered under this Contract, subject to the following conditions
and limitations:
1. Subrecipients expending $500,000 or more in federal financial IUD v GiS V�:NJ
assistance for any fiscal year ending on or after December 31,
2003, shall have an audit made in accordance with Department's
supplemental audit guide, the Single Audit Act Amendments of
1996, 31 U.S.C. 7501, et seq. and OMB Circular No. 133
Revised June 27, 2003, "Audits of States, Local Governments,
and Non-Profit Organizations." For purposes of this Section
15, "federal financial assistance" means assistance provided by
a federal agency in the form of grants, Contracts, loans, loan
guarantees, property, cooperative agreements, interest
subsidies, insurance or direct appropriations, but does not
include direct federal cash assistance to individuals. The
term includes awards of federal financial assistance received
directly from federal agencies, or indirectly through other
units of state and local government.
2. Subrecipient shall utilize funds budgeted under this Contract
to pay for that portion of the cost of such audit services
properly allocable to the activities funded by Department under
this Contract, provided however that Department shall not make
payment for the cost of such audit services until Department
has received a satisfactory audit report, as determined by
Department, from Subrecipient.
3. Subrecipient shall submit two (2) copies of the report of such
audit to Department within thirty (30) days after the
completion of the audit, and no later than nine (9) months
after the end of the audit period. However, for fiscal years
beginning on or before June 30, 1998, the audit shall be
completed and submitted within the earlier of 30 days after
receipt of the auditor's report or 13 months after the end of
the audit period. Subrecipient shall ensure that the audit
report is made available for public inspection within thirty
(30) days after completion of the audit. Audits performed
under this Section 15 are subject to review and resolution. by
Department or its authorized representative.
4. The audit report must include verification of all expenditures
by budget category, in accordance with the final Funding Report
submitted to close out the Contract year.
B. Subsection A notwithstanding, Subrecipients expending less than
$500,000 in Federal financial assistance may arrange for the
performance of an annual financial statement audit. Such audit
should include verification as required in Sec. 15(A) (4) .
C. Subsection A notwithstanding, Department reserves the right to
conduct an annual financial and compliance audit of funds received
and performances rendered under this Contract. Subrecipient agrees
to permit Department or its authorized representative to audit
Subrecipient's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
D. Subrecipient understands and agrees that it shall be liable to
Department for any costs disallowed pursuant to financial and
compliance audit(s) of funds received under this Contract.
Subrecipient further understands and agrees that reimbursement to
Department of such disallowed costs shall be paid by Subrecipient
from funds which were not provided or otherwise made available to
Subrecipient under this Contract.
E. Subrecipient shall take such action to facilitate the performance
of such audit or audits conducted pursuant to this section as
Department may require of Subrecipient.
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F. Subrecipient shall procure audit services through an open, 17 iCL
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competitive process at least once every four years. The auditor
shall retain working papers and reports for a minimum of three
years after the date of issuance of the auditor's report to the
auditee. Audit working papers shall be made available upon request
to Department at the completion of the audit, as a part of a
quality review, to resolve audit findings, or to carry out
oversight responsibilities consistent with the purposes of this
part. Access to working papers includes the right to obtain copies
of working papers, as is reasonable and necessary.
SECTION 16. PROPERTY MANAGEMENT
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 or the
Department but are held in trust for the Weatherization Assistance
Program and as such are assets of the Weatherization Assistance
Program. Any equipment, tools, or vehicles having a useful life of
more than one year and an acquisition cost of $5,000.00 or more per
unit must receive prior approval from the Department before the
purchase is made.
B. Subrecipient shall develop and implement a property management
system, which conforms to the uniform administrative requirements
referenced in Section 5. Subrecipient shall not use, transfer, or
dispose of any property acquired in whole or in part with funds
provided under this or a previous weatherization assistance program
Contract except in accordance with its own property management
system and Department Issuances.
C. Subrecipient shall establish adequate safeguards to prevent loss, �� r' aK
damage, or theft of property acquired hereunder and shall promptly
report to Department any loss, damage, or theft of property with an
acquisition cost of Five Thousand and no/100 Dollars ($5,000.00) or
more.
D. In addition to the inventory of tools and equipment required under
Section 10, Subrecipient shall take a physical inventory of all WAP
materials and shall reconcile the results with its property records
at least once every year. Any differences between quantities
determined by the inventory and those shown in the property records
shall be investigated by Subrecipient to determine the cause of the
difference.
SECTION 17. INSURANCE REQUIREMENTS
Subrecipient shall maintain adequate personal injury and property
damage liability insurance or, if Subrecipient is a unit of local
government, shall maintain sufficient reserves to protect against the
hazards arising out of or in connection with the performance of this
Contract. Subrecipient shall also maintain adequate pollution
occurrence insurance in addition to the general liability insurance.
Generally, regular liability insurance policies do not provide coverage
for potential effects of many health & safety measures, such as lead
disturbances and other pollution occurrence items. Subrecipient should
review existing policies to ensure that lead is covered and if not,
secure adequate coverage for all units to.be weatherized. Note: The
pollution occurrence insurance has been based on the number of units
the subrecipient plans to weatherize with the following different
funding sources, i.e. , LIHEAP and DOE.
If Subrecipient is not a unit of local government, Subrecipient shall
provide Department with certificates of insurance evidencing
Subrecipient's current and effective insurance coverage. Subrecipient
agrees to notify the Department immediately upon receipt of
notification of the termination, cancellation, expiration, or
modification of any insurance coverage or required policy endorsements.
Subrecipient agrees to suspend the performance of all work performed
under this Contract until Subrecipient satisfies the coverage
requirements and obtains the policy endorsements, and has delivered to
Department certificates of insurance evidencing that such coverage and
policy endorsements are current and effective, and has been notified by
Department that such performance of the work under this Contract may
recommence. Subrecipients must also require all independent
subcontractors to have general liability insurance. Subrecipients,
insurance must cover the pollution occurrence insurance coverage for
their independent subcontractors or the independent subcontractors must
obtain the coverage.
SECTION 16. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any
claim or action filed with a court or administrative agency against
Subrecipient and arising out of the performance of this Contract or any
subcontract hereunder. Subrecipient shall furnish to Department copies
of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 19. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic desk and on-site
monitoring to evaluate the efficiency, economy, and effectiveness of
Subrecipient's performance of this Contract. Department will advise
Subrecipient in writing of any deficiencies noted during such
monitoring. Department may provide technical assistance to
Subrecipient and may require changes in Subrecipient's accounting,
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personnel, procurement, and management procedures in order to correct
any deficiencies noted. Subrecipient may be required by Department to
return to dwelling units to correct identified problems. Department
may further review and assess the efforts Subrecipient has made to
correct previously noted deficiencies. Department may withhold funds,
place Subrecipient on a cost reimbursement basis, deobligate funds,
suspend performance, terminate this Contract, or invoke other remedies
in the event monitoring reveals material deficiencies in Subrecipient's
performance or if Subrecipient fails to correct any deficiency within a
reasonable period of time.
SECTION 20. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the practical ability and
the legal authority to enter into this Contract, receive and manage
the funds authorized by this Contract, and to perform the services
Subrecipient has obligated itself to perform under this Contract.
B. The person signing this Contract on behalf of Subrecipient hereby
warrants that he/she has been authorized by Subrecipient to execute
this Contract on behalf of Subrecipient and to bind Subrecipient to
all terms herein set forth.
C. Department shall have the right to suspend or terminate this
Contract if there is a dispute as to the legal authority of either
Subrecipient or the person signing this Contract to enter into this
Contract or to render performances hereunder. Should suspension or
termination occur, Subrecipient is liable to Department for any
money it has received from Department for performance of the
provisions of this Contract.
SECTION 21. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal
control systems and procedures sufficient to prevent, detect, and
correct incidents of waste, fraud, and abuse in the WAP and to
provide for the proper and effective management of all program and
fiscal activities funded by this Contract. Subrecipient's internal
control systems and all transactions and other significant events
must be clearly documented and the documentation made readily
available for review by Department.
B. Subrecipient shall give Department complete access to all of its
records, employees, and agents for the purpose of monitoring or
investigating the WAP. Subrecipient shall fully cooperate with
Department's efforts to detect, investigate, and prevent waste,
fraud, and abuse. Subrecipient shall immediately notify the
Department of any identified instances of waste, fraud, or abuse.
C. Department will notify the funding source upon identification of
possible instances of waste, fraud, and abuse or other serious
deficiencies.
D. Subrecipient may not discriminate against any employee or other
person who reports a violation of the terms of this Contract or of
any law or regulation to Department or to any appropriate law
enforcement authority, if the report is made in good faith.
SECTION 22. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient represents that neither it nor any member of its
governing body presently has any interest or shall acquire any
interest in, directly or indirectly, which would conflict with the }
performance of this Contract and that no person having such
interest shall be employed by Subrecipient or appointed as a member
THI (.
of Subrecipient's governing body.
B. Subrecipient shall establish safeguards to prohibit its employees
from using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have
family, business or other ties.
C. Subrecipient agrees that it will comply with TEX. GOV'T CODE ANN.
Chapter 573 by ensuring that no officer, employee, or member of the
governing body of Subrecipient shall vote for or confirm the
employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of the
governing body or to any officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the
continued employment of a person who has been continuously employed
for a period of two years prior to the election or appointment of
the officer, employee, or governing body member related to such
person in the prohibited degree.
SECTION 23. POLITICAL ACTIVITY AND LOBBYING PROHIBITED
A. None of the funds provided under this Contract shall be used for
influencing the outcome of any election, or the passage or defeat
of any legislative measure. This prohibition shall not be
construed to prevent any official or employee of Subrecipient from
furnishing to any member of its governing body upon request, or to
any other local or state official or employee or to any citizen
information in the hands of the employee or official not considered
under law to be confidential information. Any action taken against
an employee or official for supplying such information shall
subject the person initiating the action to immediate dismissal
from employment.
B. No funds provided under this Contract may be used directly or
indirectly to hire employees or in any other way fund or support
candidates for the legislative, executive, or judicial branches of
government of Subrecipient, the State of Texas, or the government
of the United States.
C. If any funds other than federally appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Contract, Subrecipient
shall complete and submit a Certification Regarding Lobbying form
in accordance with its instructions. No state funds may be given
to persons who are required to register under TEX GOVT CODE ANN.
305
D. None of the funds provided under this Contract shall be paid to any
official or employee who violates any of the provisions of this
section.
SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground of race, color, religion, sex, national
origin, age, disability, political affiliation or belief be excluded
from participation in, be denied the benefits of, be subjected to
discrimination under, or be denied employment in the administration of
or in connection with any program or activity funded in whole or in
part with funds made available under this Contract.
SECTION 25. SPECIAL COMPLIANCE PROVISIONS
Subrecipient shall comply with the requirements of all applicable laws
and regulations, including those specified in 10 C.F.R. Part 600.
Appendix A.
SECTION 26. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be
substituted for funds or resources from any other source nor in any way
serve to reduce the funds or resources, which would have been available
to or provided through Subrecipient, had this Contract never been
executed.
SECTION 27. DEBARRED AND SUSPENDED PARTIES
(1) Subrecipient must not make any award (subgrant or contract) to any
party which is debarred or suspended or is otherwise excluded from
or ineligible for participation in Federal assistance programs
under Executive Order 12549, "Debarment and Suspension and 45 CFR
Part 76."
(2) Subrecipient certifies that neither it or its principles is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(3) Where Subrecipient is unable to certify to any of the statements
in this certification, such prospective participant shall attach
an explanation to this Contract.
SECTION 28. NO WAIVER
No right or remedy given to Department by this Contract shall preclude
the existence of any other right or remedy, nor shall any action taken
in the exercise of any right or remedy be deemed a waiver of any other
right or remedy. The failure of Department to exercise any right or
remedy on any occasion shall not constitute a waiver of Department's
right to exercise that or any other right or remedy at a later time.
SECTION 29. PRIOR ORAL AND WRITTEN AGREEMENTS
All prior oral or written agreements between the parties hereto
relating to the subject matter of this Contract have been reduced to
writing and are contained herein.
SECTION 30. 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.
FORT WORTH, CITY OF, HOUSING DEPARTMENT
BY: Jerome C. Walker
FORT WORTH, CITY OF, HOUSING DEPARTMENT, Executive Director
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
BY: Michael Gerber
Michael Gerber, Executive Director
This Contract is not effective unless signed by the Executive Director
of the Department or their authorized designee.
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/18/2006 - Ordinance No. 17062-07-2006
DATE: Tuesday, July 18, 2006
LOG NAME: 05WAP 06-07 REFERENCE NO.: C-21575
SUBJECT:
Authorize Acceptance of the Weatherization Assistance Program Grant; Authorize Execution of
Related Contracts with the Texas Department of Housing and Community Affairs; and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept the Weatherization Assistance Program (WAP) Grant funds
totaling $760,221.00 in anticipated funds, and enter into two separate contracts with the Texas Department
of Housing and Community Affairs (TDHCA), as follows:
Department of Energy (DOE) $291,752.00
Low Income Housing Engery Assistance Program (LIHEAP) $468,469.00
Total $760,221.00
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Funds by $760,221.00, subject to receipt of the grant.
DISCUSSION:
The City of Fort Worth has operated the Weatherization Assistance Program (WAP) on a grant basis,
funded by TDHCA, since 1982. The program serves low-income residents in Tarrant County, primarily the
elderly and persons with disabilities, by weatherizing their homes. Weatherization measures include attic
insulation, weather-stripping, caulking, window repairs, doors repairs and/or replacement and other minor
repairs. A maximum of $2,826.00 in weatherization funds can be expended on each home for Program
Year 2006-2007.
Administrative costs are restricted to 10.526% of the Department of Energy (DOE) grant and 5.26% of the
LIHEAP grant based on the total allowable expenditures for the WAP. Housing Department staff will target
221 homes in Fort Worth and Tarrant County, 140 units under the LIHEAP grant and 81 units under the
DOE grant. WAP staff will perform final inspections before the contractor is issued a payment.
The WAP is available in ALL COUNCIL DISTRICTS.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director 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
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488954 005200127000 $291,752.00
GR76 5 $291,752.00
(VARIOUS) 005200127010
GR76 488954 005200128000 $468,469.00
GR76 5 $468,469.00
(VARIOUS) 005200128010
Submitted for City Manager's Office by: Dale Fisseler(6266)
Originating Department Head: Jerome Walker(7537)
Additional Information Contact: Jerome Walker(7537)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006