HomeMy WebLinkAboutContract 53415 CITY SECRETARY
CONTRACT NO. 5J�I5
C TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ,.
CONTRACT NUMBER. 81200003182
21 202� FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
JNA
(CFDA#93.568)
05
��� $ECR��� Awarding Federal Agency: United States Department of Health and Human Services
TDHCA Federal Award Number: E-20BITXLIEA
Award Year(Year of Award from HHS to TDHCA): 2020
Unique Entity Identifier Number: 147336965
SECTION 1. PARTIES TO THE CONTRACT
This 2020 Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance Program Contract
("Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official
agency of the State of Texas ("Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient")hereinafter the"Parties".
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2020, and, unless earlier terminated, shall end on December 31, 2020
("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance with the provisions of
Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.)
("WAP Act"), the sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10
CFR Parts 440 and 600("WAP Regulations") as indicated herein, 2 CFR Part 200(as applicable), the Texas WAP
State Plan, the Texas LIHEAP State Plan; the implementing State regulations at Title 10, Part I, Chapter 1, Chapter
2, and Subchapters A and D of Chapter 6, of the Texas Administrative Code as amended or supplemented from
time to time (collectively, "State Rules"), Chapters 2105 and 2306 of the Texas Government Code ("State Act'),
the Low-Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. §8621 et seq.) ("LIHEAP Act'), and
the implementing regulations codified in 45 CFR Part 96("LIHEAP Regulations").
B. Subrecipient shall, in accordance with this Contract throughout its Service Area, develop and implement a WAP in
the counties and in accordance with the terms of this Contract; the certifications attached hereto as Addendums A,
B. C and D and incorporated herein for all relevant purposes; the "Personal Responsibility and Work Opportunity
Act of 1996("PRWORA") Requirements for the WAP" attached hereto as Addendum E and incorporated herein
for all relevant purposes; the 'Budget and Performance Statement' attached hereto as Exhibit A and incorporated
herein for all relevant purposes; the "LIHEAP Priority List' attached hereto as Exhibit B and incorporated herein
for all relevant purposes; the assurances, certifications, and all other statements made by Subrecipient in its funding
under this Contract;and with all other terms,provisions,and requirements herein set forth.
C. Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in
the dwellings of "Households" that are "Low-Income". WAP services will be provided to owner occupied units as
well as rental units. Priority will be given to in no particular order (1) Households with "Elderly Persons", (2)
"Persons with Disabilities", (3) Households with young children that are age five (5) or younger, (4) Households
with a "High Energy Burden", and/or (5) Households with "High Energy Consumption', as said terms are defined
in 10 TAC § 6.2. Subrecipient is allowed to perform weatherization measures as detailed in LIHEAP Priority List,
Exhibit B of this Contract. If Subrecipient leverages LIHEAP with any Department of Energy weatherization
funds, all federal and state DOE rules and requirements will apply including but not limited to income calculation
requirements as outlined in Department of Energy - Weatherization Program Notice 18-3 or updated Income
Determination Notice in accordance with the State Rules. The work will be completed in accordance with the
International Energy Conservation Code and the minimum requirements set in the State of Texas adopted
International Residential Code or in jurisdictions authorized by State law to adopt later editions.
I
Page 1 of 31
D. Subrecipient shall refund to the Department any sum of money which has been paid to Subrecipient by the
Department, which Department determines has not been strictly spent in accordance with the terms of this Contract.
Subrecipient shall make such refund within fifteen(15)calendar days after the Department's request.
SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse
Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified the "Budget and
Performance Statement"attached hereto as Exhibit A.
B. Department's obligations under this Contract are contingent upon the actual receipt and availability by Department
of adequate 2020 LIHEAP federal program funds. If sufficient funds are not available to make payments under this
Contract, Department may notify Subrecipient in writing within a reasonable time after such fact is determined.
Department shall then terminate this Contract and will not be liable for the failure to make any payment to
Subrecipient under this Contract. Department acknowledges that it has received obligations from those sources
which,if paid,will be sufficient to pay the allowable costs incurred by Subrecipient under this Contract.
C. Department is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in Section 440.22 of
the WAP Regulations, except that pursuant to 10 TAC §6.2(b)(28)(B) the dwelling unit shall be eligible for
weatherization assistance if it is occupied by a family unit whose income is at or below one hundred fifty
percent (150%) of the poverty guidelines updated periodically in the Federal Register by the U.S. Department
of Health and Human Services 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
or charged to another LIHEAP WAP or DOE WAP contract, except as provided for in Section 440.18(e)(2) of
the WAP Regulations;
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 8 of
this Contract;
(5) is not incurred during the Contract Term;
(6) is not reported to Department on a monthly expenditure or performance report within forty five (45) calendar
days following the end of the Contract Term;
(7) is subject to reimbursement by a source other than Department;or
(8) is made in violation of any provision of this Contract, including the addendums and exhibits, or any provision
of federal or state law or regulation,including,but not limited to those enumerated in this Contract.
D. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for allowable
costs actually incurred or performances rendered for activities specified in the WAP Act and LIHEAP Act.
E. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other
obligations incurred by the Department under this Contract shall not exceed the sum of$1,080,620.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. REQUEST FOR ADVANCE. Subrecipient may request an advance for up to thirty (30) days. Subrecipient's
request for cash advance shall be limited to the minimum amount needed and be timed to be in accordance with the
actual, immediate cash requirements of the Subrecipient or an advance of $5,000, whichever is greater. In carrying
out the purpose of this Contract. Subrecipient must request an advance payment by submitting a properly
completed monthly expenditure report to Department through the electronic reporting system no later than the
fifteenth (15th) day of the month prior to the month for which advance payment is sought, together with such
supporting documentation as the Department may reasonably request.
B. DISBURSEMENT PROCEDURES. Subrecipient shall establish procedures to minimize the time between the
disbursement of funds from Department to Subrecipient and the expenditure of such funds by Subrecipient.
Page 2 of 31
C. DEPARTMENT OBLIGATIONS. Subsection 4(A) of this Contract notwithstanding, Department reserves the
right to utilize a modified cost reimbursement method of payment, whereby reimbursement of costs incurred by a
Subrecipient is made only after the Department has reviewed and approved backup documentation provided by the
Subrecipient to support such costs for all funds, if at any time (1) Subrecipient maintains cash balances in excess of
need or requests advance payments in excess of thirty (30) days need, (2) Department identifies any deficiency in
the cash controls or financial management system used by Subrecipient, (3) Subrecipient owes the Department
funds,or(4)Subrecipient violates any of the terms of this Contract.
D. ALLOWABLE EXPENSES. All funds paid to Subrecipient pursuant to this Contract are for the payment of
allowable expenditures to be used for the exclusive benefit of the low-income population of Subrecipient's Service
Area incurred during the Contract Term. Subrecipient may incur costs for activities associated with the closeout of
the CEAP contract for a period not to exceed forty-five(45)calendar days from the end of the Contract Term.
SECTION 6. ADMINISTRATIVE REQUIREMENTS,COST PRINCIPLES AND AUDIT REQUIREMENTS
A. ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES. Except as expressly modified by law or the terms
of this Contract, Subrecipient shall comply with the cost principles and uniform administrative requirements set
forth in state Uniform Grant Management Standards, 34 TAC §20.421 in effect on the effective date of this
Contract ("UGMS") Chapter 783 of the Texas Government Code and 2 CFR Part 200. All references therein to
"local government"shall be construed to mean Subrecipient.
B. INDIRECT COST RATE. Subrecipient has an approved indirect cost rate of 0.00%, as detailed in the letter from
the cognizant agency.
C. AUDIT REQUIREMENTS. Audit requirements are set forth in the Texas Single Audit Act and Subpart F of 2
CFR Part 200.The expenditure threshold requiring an audit is$750,000 of Federal funds.
D. AUDIT REVIEW. Department reserves the right to conduct additional audits of the funds received and
performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized
representative to audit Subrecipient's records and to obtain any documents, materials, or information necessary to
facilitate such audit.
E. CERTIFICATION FORM. For any fiscal year ending within or one year after the Contract Term, Subrecipient
must submit an "Audit Certification Form" (available from the Department) within sixty (60) days after the
Subrecipient's fiscal year end. If the Subrecipient's Single Audit is required by 2 CFR Part 200, Subpart F, the
report must be submitted to the Federal Audit Clearinghouse ("FAC") the earlier of 30 calendar days after receipt
of the auditor's report or nine (9) months after the end of its respective fiscal year. As noted in 10 TAC §L403(f),
Subrecipient is required to submit a notification to Department within five (5) business days of submission to the
FAC. Along with the notice, indicate if the auditor issued a management letter. If there is a management letter, a
copy of the letter must be sent to the Department. Both the notice and the copy of the management letter, if
applicable,must be submitted to SAandACF@tdhca.state.tx.us.
F. SUBCONTRACTS. The Subrecipient shall include language in any subcontract that provides the Department the
ability to directly review, monitor, and/or audit the operational and financial performance and/or records of work
performed under this Contract.
SECTION 7. DEOBLIGATION,TERMINATION AND SUSPENSION
A. DEOBLIGATION. The Department may deobligate funds from Subrecipient in accordance with 10 TAC §1.411,
10 TAC§6.405,and Chapter 2105 of the State Act.
B. TERMINATION. Pursuant to 10 TAC §2.202, Department may terminate this Contract, in whole or in part, at any
time Department determines that there is cause for termination. Cause for termination includes but is not limited to
Subrecipient's failure to comply with any term of this Contract or reasonable belief that Subrecipient cannot or will
not comply with the requirements of the Contract. If the Department determines that a Subrecipient has failed to
comply with the terms of the Contract, or has failed to provide services that meet appropriate standards, goals, or
other requirements established by the Department, Department will notify Subrecipient of the deficiencies to be
corrected and require the deficiencies be corrected prior to implementing termination.
C. SUSPENSION. Nothing in this Section 7 shall be construed to limit Department's authority to withhold payment
and immediately suspend Subrecipient's performance under this Contract if Department identifies possible
instances of fraud,abuse,waste,fiscal mismanagement,or other serious deficiencies in Subrecipient's performance.
Page 3 of 31
D. WITHHOLDING OF PAYMENTS. Notwithstanding any exercise by Department of its right of deobligation,
termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue
of any breach of this Contract by Subrecipient. Department may withhold any payment due to Subrecipient until
such time as the exact amount of damages due to Department is agreed upon or is otherwise determined in writing
between Parties.
E. LIABILITY. Department shall not be liable for any costs incurred by Subrecipient after termination or during
suspension of this Contract or for any costs that are disallowed.
F. GENERAL. Subrecipient's failure to expend the funds provided under this Contract in a timely manner may result
in either the termination of this Contract or Subrecipient's ineligibility to receive additional funding under WAP, or
a reduction in the original allocation of funds to Subrecipient.
SECTIONS. ALLOWABLE EXPENDITURES
A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in
accordance with the provisions of Sections 4 and 5 of this Contract and the regulations set forth in Section 440.18
of the WAP Regulations,subject to the limitations and exceptions set forth in this Section 8.
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase
of weatherization materials. Subrecipient shall weatherize eligible dwelling units using only weatherization
materials which meet or exceed the standards prescribed by DOE in Appendix A to Part 440 of the WAP
Regulations, State of Texas adopted International Residential Code ("IRC") or jurisdictions authorized by State law
to adopt later editions.
C. Administrative and program services activities funds are earned through provision of direct services to clients in
accordance with the State Rules. Subrecipient may choose to submit a final budget revision no later than forty-five
(45) calendar days prior to the end of the Contract Term to use its administrative and program services funds for
direct service categories.
D. For units where Subrecipient leverages with any DOE weatherization funds, all weatherization measures installed
must have an approved State of Texas Energy Audit savings-to-investment ratio ("SIR") of one or greater unless
otherwise indicated as health and safety or incidental repair items. Weatherization measures installed shall begin
with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending order to
the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved.
E. Allowable expenditures under this Contract include:
(1) the purchase and delivery of weatherization materials as defined in Section 440.18 of the WAP Regulations;
(2) if Subrecipient leverages LIHEAP with any DOE weatherization funds, labor costs for doors, primary
windows and storm windows that will result in approved energy savings with a SIR of one or greater in
accordance with Section 440.19 of the WAP Regulations;
(3) the cost of weatherization materials and labor for air and duct sealing, insulation, allowable base load
reduction measures, heating and cooling system tune ups, repairs, modification, or replacements. Whenever
available,heating and cooling systems must have an Energy Star rating;
(4) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and
to the site of weatherization work;
(5) maintenance,operation,and insurance of vehicles used to transport weatherization materials;
(6) maintenance of tools and equipment;
(7) purchase or lease of tools or equipment;
(8) employment of on-site supervisory personnel;
(9) storage of weatherization materials,tools,and equipment;
(10) incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs are
necessary for the effective performance or preservation of weatherization measures (If incidental repairs are
necessary to make the installation of the weatherization measures effective, the cost of incidental repair
measures charged to WAP funds awarded under this Contract shall not exceed the cost of weatherization
measures charged to WAP);and
(11) allowable health and safety measures.
Page 4 of 31
F. Health and Safety funds not expended may be moved to the labor, materials, and program support category. These
changes will require a Contract action; therefore, Subrecipient must provide written notification to the Department
at least forty-five(45)days prior to the end of the Contract Term before these funds can be moved.
G. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in the "Budget and Performance Statement" as Exhibit
A. Allowable administrative costs may include reasonable costs associated with Subrecipient's administrative
personnel, travel, audit fees, office space, equipment, and supplies which are necessary for the administration of
WAP. Administrative costs are earned based upon the allowable percentage of total allowable expenditures,
excluding the allowance for Department/LIHEAP Training Travel or special equipment purchases. Subrecipient
may use any or all of the funds allowed for administrative purposes under this Contract for the purchase and
delivery of weatherization materials. These changes will require a contract action; therefore, Subrecipient must
provide written notification to the Department at least forty-five (45) calendar days prior to the end of the Contract
Term before these funds can be moved.
H. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling
units under the direction of qualified supervisors.
SECTION 9. RECORD KEEPING REQUIREMENTS
A. GENERAL. Subrecipient shall comply with the record keeping requirements set forth below and at Section 440.24
of the WAP Regulations and shall maintain fiscal and programmatic records and supporting documentation for all
expenditures of funds made under this Contract in accordance with the state Uniform Grant Management
Standards, Chapter III, "State Uniform Administrative 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. For purposes of compliance monitoring, all associated documentation must be
readily available, whether stored electronically or hard copy to demonstrate compliance with Subrecipient
Performance as outlined in Section 3.
B. CLIENT FILES. Except as otherwise described in 10 TAC §6.14 regarding shelters, for each dwelling unit
weatherized with funds received from LIHEAP WAP under this Contract, Subrecipient shall maintain complete
client files at all times as described herein. Costs associated with incomplete files found at the time of program
monitoring may be disallowed. Each file shall contain the following information, including the following
Department forms found in the Community Affairs Division section of the Department's website at
httt)://www.tdhca.state.tx.us/community-affairs/wal)/guidance.htm#forms.
(1) Signed and completed "Application for Weatherization Services" form indicating the ages of the residents,
presence in the Household of children age five (5) or younger, Elderly Persons, and Persons with Disabilities.
Date of said application and associated documents must be within twelve (12) months of the start date
indicated on the"Building Weatherization Report"(`B WR");
(2) Twelve(12)month consumer billing history for utilities;
(3) Consumption disclosure release form(for access to consumption data for use in surveys and studies);
(4) Priority Rating Sheet;
(5) Eligibility documentation in accordance with the following:
a. Subrecipient must use the definition of"income"in 10 TAC§6.4.
b. Suprecipient must provide documentation/verification of client income for the thirty (30) days preceding
their application for all Household members eighteen (18) years and older, or provide a "Declaration of
Income Statement" ("DIS") form (if applicable). In order to use the DIS form, each Subrecipient shall
develop and implement a written policy and procedure on the user of the form, including policies
requiring a client statement of efforts to obtain documentation of income with a client signature. Proof of
income documentation requirements are the same for both single and multifamily housing. All proof of
income must reflect earnings from within twelve (12) months of the start date indicated on the "Building
Weatherization Report"(`BWR").
c. No dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible dwelling
unit as defined in Section 440.22 of the WAP Regulations, except that pursuant to 10 TAC §6.2(b)(28)(B)
the dwelling unit shall be eligible for weatherization assistance if it is occupied by a family unit whose
income is at or below one hundred fifty percent (150%) of the "Poverty Income Guidelines" at 42 U.S.C.
§9902(2).
Page 5 of 31
(6) BWR form including certification of final inspection and justification for omission of priorities if applicable;
(7) Invoices of materials purchased or inventory removal sheets;
(8) Invoices of labor;
(9) If a rental unit, "Landlord Agreement" form, "Landlord Financial Participation" form and "Landlord
Permission to Perform Assessment & Inspections for Rental Units" form and all other landlord forms found
in the Community Affairs Division section of the Department's website at
http://www.tdhca.state.tx.us/community-affairs/wap/docs/10-W APLandlord.pdf;
(10) 'Notice of Denial and Appeal Rights,"if applicable;
(11) Signed and dated "Building Assessment" form, to include existing efficiencies of all heating and cooling
appliances(Manual J and Manual S);
(12) "Attic/Wall Inspection"form(local design allowed);
(13) Documentation of pre/post weatherization carbon monoxide readings for all combustible appliances;
(14) "Blower Door Performance Standards and Duct Blower Data Sheet"form;
(15) Refrigerator metering information;
(16) Client Education Verification;
(17) Signed client"Refrigerator Replacement Form"(if applicable);
(18) Completed,signed and dated:Priority List"form(if applicable);
(19) A complete copy of the approved State of Texas Energy Audit(if applicable);
(20) Signed client receipt of the "Unified Weatherization Elements Notification Form" that includes lead hazard
information,identification of mold like substance,and state historical preservation information;
(21) Work Order;
(22) CAZ Testing;
(23) Pre/Post-ASHRAE Printout(RED Calc);and
(24) Signed client receipt of "Mold-Like Substance Notification and Release Form for Texas Weatherization
Programs"(if applicable).
(25) Final Inspection form that allowable measures are completed as per work order.
C. MASTER FILES. For each multifamily project weatherized with funds received from LIHEAP under this
Contract,Subrecipient shall maintain a master file containing the following information:
(1) "Multifamily Project Building Data Checklist';
(2) Multifamily Project Completion Checklist";
(3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units";
(4) "Landlord Agreement"form;
(5) "Landlord Financial Participation Form";and
(6) significant data required in all multifamily projects.
D. STANDARDS FOR MATERIALS. Materials standards documentation for weatherization material purchased
under this Contract must be maintained. These standards must meet the requirements according to Appendix A to
Part 440 of the WAP Regulations.
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 Department, or any of their duly authorized representatives, access to and the right to examine
and copy, on or off the premises of Subrecipient, all records pertaining to this Contract. Such right to access shall
continue as long as the records are retained by Subrecipient. Subrecipient agrees to cooperate with any
examination conducted pursuant to this Subsection E.
F. RECORD RETENTION. Subrecipient agrees to maintain such records in an accessible location for the greater of:
(i) the time period described in 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
Information Act (Chapter 552 of the Texas Government Code) and must provide citizens, public agencies, and
other interested parties with reasonable access to all records pertaining to this Contract subject to and in accordance
with the Texas Public Information Act.
Page 6 of 31
H. HOUSEHOLD ASSESSMENT. Subrecipient must conduct a full Household assessment addressing all possible
allowable weatherization measures.
I. SUBCONTRACTS. Subrecipient shall include the substance of this Section 9 in all subcontracts.
SECTION 10. REPORTING REQUIREMENTS
A. FUNDING REPORT. By the 15th of each month, Subrecipient shall electronically submit to Department a
Performance Report listing demographic information on all units completed in the previous month and an
Expenditure Report listing all expenditures of funds under this Contract during the previous month. These reports
are due even if Subrecipient has no new activity to report during the month. Both reports shall be submitted
electronically.
B. FINAL REPORTS. Subrecipient shall electronically submit to Department no later than forty-five (45) calendar
days after the end of the Contract Term a final expenditure and programmatic report utilizing the Monthly
Expenditure Report. The failure of Subrecipient to provide a full accounting of all funds expended under this
Contract may result in ineligibility to receive additional funds or additional contracts. After forty-five (45)
calendar days, any expenditures not reported to the Department will result in funds being reallocated to LIHEAP
purposes.
C. INVENTORY. In accordance with 10 TAC §1.407, Subrecipient shall submit to Department no later than
forty-five (45) calendar days after the end of the Contract Term an inventory of all vehicles, tools, and equipment
with a unit acquisition cost of $5,000.00 or more and/or a useful life of more than one year, if purchased in whole
or in part with funds received under this or previous weatherization assistance program Contracts. The inventory
shall reflect the tools and equipment on hand as of the last day of the Contract Term.
D. DATABASE. Subrecipient shall update the Previously Weatherized Units database no later than fifteen (15) days
after the end of each month of the contract for units weatherized under this Contract.
E. HOUSEHOLD DATA. By the 15th of each month, Subrecipient shall electronically upload data on Households
served in the previous month into the CA Performance Measures Module located in the Community Affairs
Contract System.
F. OTHER REPORTS. Subrecipient shall submit other reports, data, and information on the performance of this
Contract as may be required by DOE pursuant to Section 440.25 of the WAP Regulations, by U. S. Department of
Health and Human Services(HHS),or by the Department.
G. DEFAULT. If Subrecipient fails to submit, within forty-five (45) calendar days of its due date, , any report or
response required by this Contract, including responses to monitoring reports, Department may, in its sole
discretion, deobligate, withhold or suspend any and all payments otherwise due or requested by Subrecipient
hereunder and/or initiate proceedings to terminate this Contract in accordance with Section 7 of this Contract. If
Subrecipient receives LIHEAP WAP funds from the Department over two or more Contracts of subsequent terms,
funds may be withheld or this Contract suspended or terminated by Subrecipient's failure to submit a past due
report or response(including a report of audit)from a prior Contract Term.
H. UNIQUE ENTITY IDENTIFIER NUMBER. Subrecipient shall provide the Department with a Data Universal
Numbering System (DUNS) number and a Central Contractor Registration (CCR) System number to be used as the
Unique Entity Identifier Number on all contracts and agreements. The DUNS number must be provided in a
document from Dun and Bradstreet and the current CCR number must be submitted from a document retrieved
from the https://www.sam.gov website. These documents must be provided to the Department prior to the
processing first payment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number
for the entire Contract Term.
SECTION 11. CHANGES AND AMENDMENTS
A. AMENDMENTS AND CHANGES REQUIRED BY LAW. Any change, addition or deletion to the terms of this
Contract required by a change in federal or state law or regulation is automatically incorporated herein and is
effective on the date designated by such law or regulation without the requirement of a written amendment hereto.
Said changes, additions, or deletions referenced under this Subsection A of Section 11 may be further evidenced in
a written amendment.
Page 7 of 31
B. GENERAL. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the
terms of this Contract not required by a change in state or federal law or regulation shall be in writing and executed
by both Parties to this Contract.
C. FACSIMILE SIGNATURES. If any Party returns an executed copy by facsimile machine or electronic
transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the
electronic transmission,to be its original signature.
D. REQUEST. Written requests for Contract amendment must be received by the Department by no later than
forty-five(45)days prior to the end of the Contract Term.
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or in part with
funds provided under this Contract in accordance with 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 SUBRECIPIENT
Subrecipient is an independent contractor.
SECTION 14. PROCUREMENT 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 transactions 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 equipment (as defined by UGMS) with a
unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000.00 or on any vehicle
purchase unless Subrecipient has received the prior written approval from the Department for such purchase.
C. Upon the termination of this Contract or non-renewal of the funds hereunder, Department may transfer title to any
such property or equipment having a useful life of one year or more or a unit acquisition cost (the net invoice unit
price of an item of equipment)of$5,000.00 or more to itself or to any other entity receiving Department funding.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract or subgrant the primary performance of this Contract, including but not limited to
expenditure and performance reporting and drawing funds through the Community Affairs Contract System, and
only may enter into properly procured subcontractual agreements for consulting and other professional services, if
Subrecipient has received Department's prior written approval. Subrecipient may subcontract for the delivery of
client assistance without obtaining Department's prior approval. Any subcontract for the delivery of client
assistance will be subject to monitoring by the Department as per Section 19 of this Contract. Subrecipient shall
inspect all subcontractors' work and shall be responsible for ensuring that it is completed in a good and
workmanlike manner. Subrecipient shall make no payment to subcontractor until all work is complete and has
passed a final inspection.
B. In no event shall any provision of this Section 15, specifically the requirement that Subrecipient obtain
Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the responsibility
for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the
terms of this Contract, as if such performances rendered were rendered by Subrecipient. Department's approval
under this section does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's
performance hereunder. Department maintains the right to monitor and require Subrecipient's full compliance with
the terms of this Contract. Department's approval under this Section 15 does not waive any right of action which
may exist or which may subsequently accrue to Department under this Contract.
C. Every initial assessment, every priority list measure, every approved State of Texas Energy Audit, and every final
inspection is the sole responsibility of the Subrecipient. Subrecipient may request in writing that the Department
permit the Subrecipient to subcontract the performance of assessments, audits and final inspections. The
Department will review each request separately to determine whether the request will be granted.
Page 8 of 31
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 or the Department
but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatherization
Assistance Program.
B. Subrecipient shall develop and implement a property management system, which complies with 10 TAC §1.407.
Subrecipient shall not use, transfer, or dispose of any property acquired in whole or in part with funds provided
under this or a previous weatherization assistance program Contract except in accordance with its own property
management system.
C. Upon termination of this Contract or non-renewal of the funds hereunder, the Department may require transfer of
the title of equipment to a third parry named by the Department. Such a transfer shall be subject to the following
standards:
(1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in
writing.
(2) The Department will issue disposition instructions after receipt of final inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder
and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of Five
Thousand and No/100 Dollars($5,000.00)or more.
E. In addition to the inventory of tools and equipment required under Section IOC, Subrecipient shall take a physical
inventory of all WAP materials and shall reconcile the results with its property records at least once every year.
Any differences between quantities determined by the inventory and those shown in the property records shall be
investigated by Subrecipient to determine the cause of the difference.
SECTION 17. BONDING AND INSURANCE REQUIREMENTS
A. PAYMENT AND PERFORMANCE BOND REQUIREMENTS. If Subrecipient will enter in to a contract for
weatherization activities with a third-party in the amount of $25,000.00 or greater, Subrecipient must execute with
the contractor a payment bond in the full amount of the contract. If the Subrecipient enters into a contract with a
prime contractor in excess of $100,000.00, a performance bond in the full amount of the contract is also required.
These bonds must be executed by a corporate surety authorized to do business in Texas, a list of which may be
obtained from the State Insurance Department. Such assurances of completion will run to the Department as
obligee and must be documented prior to the start of weatherization activities. This bonding requirement applies as
set forth in 10 TAC§1.405 and to the extent required by federal or state law.
B. INSURANCE REQUIREMENTS. Subrecipient shall maintain adequate personal injury and property damage
liability insurance. Subrecipient is encouraged to obtain 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 and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient
should review existing policies to determine if lead contamination is covered. If it is not, Subrecipient should
consider securing adequate coverage for all construction projects. Additional liability insurance costs may be paid
from administrative funds. The Department strongly recommends the Subrecipient require their contractors to carry
pollution occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency
should get a legal opinion regarding the best course to take for implementing the pollution occurrence insurance
coverage.
SECTION 18. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative
agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder.
Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such
action or claim.
Page 9 of 31
SECTION 19. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract.
Installation of weatherization materials shall be in accordance with the Material Installation Standards Manual.
B. Department or its designee may conduct on and off-site monitoring and evaluation of Subrecipient's compliance
with the terms of this Contract. Department's monitoring may include a review of the efficiency, economy, and
efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted
during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting the
deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's
accounting, personnel, procurement, and management procedures and systems in order to comply with State or
Federal requirements. Department may conduct follow-up visits to review the previously noted deficiencies and to
assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs.
Department may terminate or suspend this Contract or invoke other remedies Department determines to be
appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient
fails to correct any deficiency within a reasonable period of time, as determined by the Department. Department or
its designee may conduct an ongoing program evaluation throughout the Contract Term.
SECTION 20. LEGAL AUTHORITY
A. LEGAL AUTHORITY. Subrecipient assures and guarantees that it possesses the legal authority to enter into this
Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has
obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate
Subrecipient's constitutive documents or any requirement to which Subrecipient is subject and represents the legal,
valid,and binding agreement of Subrecipient,enforceable in accordance with its terms.
B. SIGNATURE AUTHORITY. The person signing this Contract on behalf of Subrecipient hereby warrants that
he/she has been authorized by Subrecipient's governing board to execute this Contract on behalf of Subrecipient
and to validly and legally bind Subrecipient to all terms,provisions and performances herein.
C. TERMINATION, LIABILITY. Department shall have the right to suspend or terminate this Contract if there is a
dispute as to the legal authority of either Subrecipient or the person signing this Contract on behalf of Subrecipient,
to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any money
it has received from Department for performance of the provisions of this Contract, if the Department has
terminated this Contract for reasons enumerated in this Section 20.
D. MERGER: DEFAULT. Subrecipient understands that it is an event of default under this Contract if the
Subrecipient liquidates, terminates, dissolves, merges, consolidates or fails to maintain good standing in the State
of Texas, and such is not cured prior to causing material harm to Subrecipient's ability to perform under the terms
of this Contract.
SECTION 21. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW. Subrecipient shall comply with the LIHEAP Act, the WAP Act, the
WAP Regulations, the LIHEAP Regulations, any applicable Office of Management and Budget ("OMB")
Circulars, the Texas DOE WAP State Plan, LIHEAP State Plan, the State Act, the State Rules, the certifications
attached, and all federal, state, and local laws and regulations applicable to the performance of this Contract.
Subrecipient shall not violate any federal, state, or local laws, stated herein or otherwise, nor commit any illegal
activity in the performance of or associated with the performance of this Contract. No funds under this Contract
shall be used for any illegal activity or activity that violates any federal,state or local laws.
B. DRUG-FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract and the
"Certification Regarding Drug-Free Workplace Requirements" attached hereto as Addendum B that it is
implementing the Drug-Free Workplace Act of 1988(41 U.S.C. §701, et seq) and HUD's implementing regulations
including,without limitation,2 CFR Parts 182 and 2429.
Page 10 of 31
C. LIMITED ENGLISH PROFICIENCY ("LEP"). Subrecipient must provide program applications, forms, and
educational materials in English, Spanish, and any appropriate language, based on the needs of the Service Area
and in compliance with the requirements in Executive Order 13166 of August 11, 2000 of August 11, 2000. To
ensure compliance, the Subrecipient must take reasonable steps to insure that persons with LEP have meaningful
access to the program. Meaningful access may entail providing language assistance services, including oral and
written translation,where necessary.
D. INFORMATION SECURITY AND PRIVACY REQUIREMENTS. Subrecipient shall comply with the
information security and privacy requirements under 10 TAC §1.24 to ensure the security and privacy of Protected
Information(as said term is defined under 10 TAC§1.24).
E. PREVENTION OF TRAFFICKING. Subrecipient and its contractors must comply with Section 106(g) of the
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. §7104 et seq.). If Subrecipient or its
contractor or subcontractor engages in, or uses labor recruiters, brokers or other agents who engage in any of the
prohibited activities under Section 106(g) of the Trafficking Victims Protection Act of 2000, Department may
terminate this Contract and Subrecipient hereby agrees and acknowledges that upon termination, Subrecipient 's
rights to any funds shall be terminated.
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent,
detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective
management of all program and fiscal activities funded by this Contract. Subrecipient's internal control systems and
all transactions and other significant events must be clearly documented and the documentation made readily
available for review by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the WAP. Subrecipient shall fully cooperate with Department's efforts to detect,
investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any
identified instances of waste,fraud,or abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this
Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is
made in good faith.
SECTION 23. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby certifies
that Subrecipient/Local Operator, or a branch, division, or department of Subrecipient does not and will not knowingly
employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment,
is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that
manner in the United States. If, after receiving a public subsidy, Subrecipient, or a branch, division, or department of
Subrecipient is convicted of a violation under 8 U.S.C. §1324a(f), Subrecipient shall repay the public subsidy with
interest, at a rate of five percent (50/6) per annum, not later than the 120th day after the date the Department notifies
Subrecipient of the violation.
SECTION 24. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts.
B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a
contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or
an organization which employs or is about to employ any of the parties indicated herein, has a financial or other
interest in the firm selected for an award.
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors, or parties to subagreements. Subrecipient may set standards for
situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The
standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees,or agents of the Subrecipient.
Page 11 of 31
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 LEGISLATIVE INFLUENCE PROHIBITED
A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the
passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any state official or
employee from furnishing to any member of its governing body upon request, or to any other local or state official
or employee or to any citizen information in the hands of the employee or official not considered under law to be
confidential information.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way
fund or support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the
State of Texas,or the government of the United States.
C. None of the funds provided under this Contract shall be used to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award governed by the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352) as the Development Owner and
each of its tiers have certified by their execution of the "Certification Regarding Lobbying for Contracts, Grants,
Loans, and Cooperative Agreements" attached hereto as Addendum A and incorporated herein for all relevant
purposes.
SECTION 26. NON-DISCRIMINATION,EQUAL ACCESS AND EQUAL OPPORTUNITY
A. NON-DISCRIMINATION. A person shall not be excluded from participation in, be denied the benefits of, be
subjected to discrimination under, or be denied employment in the administration of or in connection with any
program or activity funded in whole or in part with funds made available under this Contract, on the grounds of
race,color,religion,sex,national origin,age,disability,political affiliation or belief.
B. EQUAL OPPORTUNITY. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping
with the principles as provided in President's Executive Order 11246 of September 24, 1965, as amended, and its
implementing regulations at 41 CFR Part 60.
C. REASONABLE ACCOMODATIONS. Subrecipients shall operate each program or activity receiving financial
assistance so that the program or activity, when viewed in its entirety, is readily accessible and usable by
individuals with disabilities. Subrecipients are also required to provide reasonable accommodations for persons
with disabilities.
D. ACCESSIBILITY. Subrecipient must meet the standards under (i) Section 504 of the Rehabilitation Act of 1973
(5 U.S.C. §794) Titles II and III of the Americans with Disabilities Act (42 U.S.C. §§12131-12189; 47 U.S.C. §
§155,201,218 and 255)as implemented by U.S.Department of Justice at 28 CFR Parts 35 and 36.
E. SUBCONTRACTS. Subrecipient will include the substance of this Section 26 in all subcontracts.
SECTION 27. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. Training and technical assistance funds shall be used for State sponsored LIHEAP training, federal sponsored
LIHEAP training, and other relevant workshops and conferences provided the agenda includes topics directly
related to administering WAP. For training and technical assistance other than State or LIHEAP sponsored,
Subrecipient must receive prior written approval from the Department.
B. Travel funds are to be used only for Department-approved training events. Subrecipient shall adhere to either its
board-approved travel policy (not to exceed the amounts established in subchapter I of Chapter 57 of Title 5,
United States Code "Travel and Subsistence Expenses; Mileage Allowances), or in the absence of such a policy,
the State of Texas travel policies under 10 TAC §1.408. Subrecipient's written travel policy shall delineate the
rates which Subrecipient shall use in computing the travel and per diem expenses of its board members and
employees.
Page 12 of 31
SECTION 28. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that none of its principal employees, board members, agents, or
contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by
any federal department or agency as provided in the Certification Regarding Debarment, Suspension and Other
Responsibility Matters attached hereto as Addendum D and incorporated herein for all relevant purposes. The terms
"covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person",
"primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in the certification attached
as Addendum D, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. Subrecipient also certifies that it will not knowingly award any funds provided by this Contract to any
person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4 or that is debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient
agrees that prior to entering into any agreement with a potential subcontractor that the verification process to comply
with this requirement will be accomplished by checking the System for Award Management ("SAM") at www.sam.gov
and including a copy of the results in its project files. 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 famish the
certification attached hereto as Addendum D or an explanation of why it cannot provide said certification shall
disqualify Subrecipient from participation under this Contract. The certification or explanation will be considered in
connection with the Department's determination whether to continue with this Contract. Subrecipient shall provide
immediate written notice to Department if at any time Subrecipient learns that the certification was erroneous when
submitted or has become erroneous by reason of changed circumstances. Subrecipient further agrees by executing this
Contract that it will include the certification provision titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusive-Subcontracts," as set out in Addendum D, without modification, and this language
under this Section 28,in all its subcontracts.
SECTION 29. NO WAIVER
Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy,
nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The
failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's
right to exercise that or any other right or remedy at a later time.
SECTION 30. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the Parties relating to the subject matter of this Contract have been
reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute promised
performances under this Contract:
(1) Addendum A-Certification Regarding Lobbying for Contracts,Grants,Loans,and Cooperative Agreements
(2) Addendum B-Certification Regarding Drug-Free Workplace Requirements
(3) Addendum C-Certification Regarding Environmental Tobacco Smoke
(4) Addendum D-Certification Regarding Debarment,Suspension and Other Responsibility Matters
(5) Addendum E-PRWORA Requirements
(6) Exhibit A-Budget and Performance Statement
(7) Exhibit B-LIHEAP Priority List
SECTION 31. SEVERABILITY
If any portion of this Contract is held to be invalid by an administrative tribunal or a court of competent jurisdiction, the
remainder of it shall remain valid and binding.
SECTION 32. HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the
requirements of Section 106 of the National Historic Preservation Act (16 U.S.C. §470) (NHPA). The Department has
provided guidance through the best practice document posted on the Department's website at
h=://www.tdhca.state.tx.us/community-affairs✓wap/docs/WAP-BP-HistoricPresFIowchart.pdf.
Page 13 of 31
SECTION 33. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees who
use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase
of alcoholic beverages.
SECTION 34. FAITH BASED AND SECTARIAN ACTIVITY
Funds provided under this Contract may not be used for sectarian or explicitly religious activities such as worship,
religious instruction or proselytization, and must be for the benefit of persons regardless of religious affiliation. If
Subrecipient conducts such activities, the activities must be offered separately, in time or location, from the programs or
services funded with direct financial assistance from Department, and participation must be voluntary for beneficiaries
of the programs or services funded with such assistance. Subrecipient shall comply with the regulations promulgated by
the U.S.Department of Health and Human Services("HHS")at 45 CFR§87.2.
SECTION 35. 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 I0
TAC§6.8.
SECTION 36. SPECIAL CONDITIONS
Subrecipient shall accept applications for WAP benefits at sites that are geographically accessible to all Households in
the Service Area. Subrecipient shall provide Elderly Persons and Persons with Disabilities who cannot independently
travel to the application site the means to submit applications for WAP benefits without leaving their residence or by
securing transportation for them to the sites that accept such applications.
SECTION 37. FORCE MAJURE
An equitable adjustment will be made for delay or failure to perform hereunder if:
A. Any of the following events occurs:
(1) Catastrophic weather conditions or other extraordinary elements of nature or acts of God;
(2) Acts of war(declared or undeclared);
(3) Acts of terrorism,insurrection,riots,civil disorders,rebellion or sabotage;or
(4) Quarantines,embargoes and other similar unusual actions of federal,provincial,local or foreign Governmental
Authorities;and
B. The non-performing party is without fault in causing or failing to prevent the occurrence of such event, and such
occurrence could not have been circumvented by reasonable precautions and could not have been prevented or
circumvented through the use of commercially reasonable alternative sources,workaround plans or other means.
SECTION 38. ALTERNATIVE DISPUTE RESOLUTION
In accordance with Section 2306.082 of the State Act, it is the Department's policy to encourage the use of appropriate
alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act and the Negotiated
Rulemaking Act (Chapters 2009 and 2006 respectively, Texas Government Code), to assist in the fair and expeditious
resolution of internal and external disputes involving the Department and the use of negotiated rulemaking procedures
for the adoption of Department rules. As described in Chapter 154, Civil Practices and Remedies Code, ADR
procedures include mediation. Except as prohibited by Department's ex parte communications policy, Department
encourages informal communications between Department staff and the Subrecipient, to exchange information and
informally resolve disputes. Department also has administrative appeals processes to fairly and expeditiously resolve
disputes. If at any time the Subrecipient would like to engage Department in an ADR procedure, the Subrecipient may
send a proposal to Department's Dispute Resolution Coordinator. For additional information on Department's ADR
policy,see Department's Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC§1.17.
SECTION 39. TIME IS OF THE ESSENCE
Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and conditions of
this Contract.
Page 14 of 31
SECTION 40. COUNTERPARTS AND FACSIMILIE SIGNATURES
This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of which
together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other
electronic transmission,and any such signature shall have the same legal effect as an original.
SECTION 41. NUMBER,GENDER
Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words
shall include the plural.
SECTION 42. ASSIGNMENT
This Contract is made by Department to Subrecipient only. Accordingly, it is not assignable without the written consent
and agreement of Department,which consent may be withheld in Department's sole discretion.
SECTION 43. NOTICE
A. If a notice is provided concerning this Contract, notice may be given at the following (herein referred to as 'Notice
Address"):
As to Department:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
P.0.Box 13941
Austin,Texas 78711-3941
Attention: Michael De Young,Director of Community Affairs
Telephone:(512)475-2125
Fax:(512)475-3935
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Attention:Fernando Costa,Assistant City Manager
Telephone:(817)392-6122 Fax:(817)392-6134 Email:femando.costa@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service,
or five days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the
appropriate Notice Address as defined in the above Subsection A of this Section 43.
C. Subrecipient shall provide contact information to the Department in accordance with 10 TAC §1.22 and 10 TAC
§6.6.
SECTION 44. VENUE AND JURISDICTION
This Contract shall be construed under and in accordance with the laws of the State of Texas. For purposes of litigation
pursuant to this Contract,venue shall lie in Travis County,Texas.
SECTION 45. COPYRIGHT
Subrecipient may copyright materials developed in the performance of this Contract or with funds expended under this
Contract. If copyrighted materials are developed in the under this Contract, the Department and HHS shall each have a
royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use,
the copyrighted work for government purposes.
Page 15 of 31
SECTION 46. LIMITATION ON ABORTION FUNDING
A. Pursuant to Chapter 2272 of the Texas Government Code, to the extent allowed by federal and state law, the
Department may not enter into this Contract with an "abortion provider" or an "affiliate" of an abortion provider, as
said terms are defined thereunder,if funds under this Contract are appropriated from state or local tax revenue.
B. By execution of this Contract, the Subrecipient hereby certifies that, as a condition of receipt of any funds under
this Contract from state or local tax revenue, it is eligible to receive said funds, and that it will not utilize said funds
in any way contrary to this Section 46 during the Contract Term.
EXECUTED to be effective on January 01,2020
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:39 pm
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Robert Wilkinson
Title: Its duly authorized officer or representative
Date: January 6,2020 10:02 am
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
Page 16 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81200003182
APPROVED AS TO FORM AND LEGALITY:
Matt Murray
Assistant City Attorney L`
ATTEST: •` ����,
M J. Kaye
s
City Secretary ••
M&C: 19-0346
Dated: December 3,2019
CITY OF FORT WORTH
By: Fernando Costa(signed electronically-see attached contract)E
Title: Assistant City Manager
Date: December 30, 2019
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson(signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: January 6, 2020
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Amy onnolly, AAsistant Director
Neighborhood S ices 6
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM A
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of its knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract,grant,loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This certification is material
representation of fact on which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, of the U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states,to the best of its knowledge and belief,that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by
Section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty
of not less than$10,000 and not more than$100,000 for each such failure.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:39 pm
Page 17 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERMATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM B
Certification Regarding Drug-Free Workplace Requirements
This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988: 45 CFR Part 76,
Subpart, F. Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that a Federal agency may designate a
central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications, and for notification of criminal
drug convictions. For the Department of Health and Human Services, the central point is: Division of Grants
Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room
517-D,200 Independence Avenue,SW Washington,DC 20201.
The undersigned certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
(b)Establishing an ongoing drug-free awareness program to inform employees about-
(1)The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3)Any available drug counseling,rehabilitation,and employee assistance programs;and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant,the employee will-
(1)Abide by the terms of the statement;and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973,as amended;or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a),(b),(c),(d),(e)and(f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include street
address,city,county,state,zip code):
City of Fort Worth
200 Texas Street Annex,3rd Floor
Fort Worth,TX 761026312
Page 18 of 31
Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where
work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority
or State highway department while in operation, State employees in each local unemployment office, performers in
concert halls or radio studios). If Subrecipient does not identify the workplaces at the time of application, or upon
award, if there is no application, the Subrecipient must keep the identity of the workplace(s) on file in its office and
make the information available for Federal inspection. Failure to identify all known workplaces constitutes a
violation of the Subrecipient's drug-free workplace requirements.
This certification is a material representation of fact upon which reliance is placed when the Department awards the
grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, Department, in addition to any other remedies available to the Federal
Government,may take action authorized under the Drug-Free Workplace Act.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:39 pm
Page 19 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, requires
that smoking not be permitted in any portion of any indoor routinely owned or leased or contracted for by an entity
and used routinely or regularly for provision of health, day care, education, or library services to children under the
age of 18, if the services are funded by Federal programs either directly or through State or local governments, by
Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private
residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug
or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil
monetary penalty of up to $1000 per day and/or the imposition of an administrative compliance order on the
responsible entity by signing and submitting this Contract the Subrecipient certifies that it will comply with the
requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be included in any
subawards which contain provisions for the children's services and that all subgrantees shall certify accordingly.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:39 pm
Page 20 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
The undersigned certifies,to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by
any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records,making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State
or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal,State or local)terminated for cause or default.
(e) Will submit to the Department information about each proceeding that occurs during this Contract Term or
during the recordkeeping period that:
(1) Is in connection with this award;
(2) Reached its final disposition during the most recent five year period;and
(3) Is one of the following:
I• A criminal proceeding that resulted in a conviction,as defined below;
ii. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty,
reimbursement,restitution,or damages of$5,000 or more;
iii. An administrative proceeding, as defined below, that resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damage
iv. Any other criminal,civil,or administrative proceeding if:
1. It could have led to an outcome described in this section(e)paragraph(3)items(i)-(iii)of this award
term and condition;
2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on
your part;and
3. The requirement in this award term and condition to disclose information about the proceeding does
not conflict with applicable laws and regulations.
(4) For purposes of section(e)of this certification the following definitions apply:
i. An "administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to
make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with
performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or
inspection of deliverables.
ii. A "conviction", for purposes of this award term and condition, means a judgment or conviction of a
criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
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.
Page 21 of 31
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,INEL IGIBIL I TY AND VOLUNTARY
EXCLUSION-SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Title:
Date: "
This certification is a material representation of fact upon which reliance is placed when the Department awards the
grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification, in addition to any other
remedies available to the Federal Government,the Department may terminate this Contract for cause or default.
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:39 pm
Page 22 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
ADDENDUM E
PRWORA REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for LIHEAP funds, a Subrecipient must verify that the individual applying for LIHEAP
funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996,
("PRWORA") or ("Act"), Pub. L. 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the
Omnibus Appropriations Act,1997,Pub.L. 104-208.
There are certain types of assistance that are not subject to the Act's restriction on access to public benefits based on
immigration status. This includes activities that: (1) deliver in-kind services at the community level, (2) are necessary
for the protection of life or safety, and (3) do not condition the provision of assistance on the applicant's income or
resources.
To ensure that a non-qualified applicant does not receive "federal public benefits," a unit of general purpose
government that administers "federal public benefit programs" is required to determine, and to verify, the individual's
alienage status before granting eligibility (8 U.S.C. §1642(a) and (b)). Subrecipient must use the SAVE verification
system to verify and document qualified alien eligibility.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS(SAVE)SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE
Program;
(b) Physically examine the documentation presented by the applicant and determine whether the document(s)
reasonably appear(s)to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for
verification of immigration or naturalized or derived citizenship status information, including (1) information from the
applicant's immigration or naturalization documentation for initial automated verification, (2) additional information
obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional verification. For manual
only verification, ensure that Forms G-845 and other documents and information required for manual verification are
provided;
(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),
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification
procedures;
(f) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program
Guide,web-based tutorial,this Contract,and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE Program and
SAVE Monitoring and Compliance. Contact information can be found at
https://www.uscis.gov/e-verify/employers/monitoring-and-compliance or 202-443-0104
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant
requests after the Subrecipient initiates a request for verification;
Page 23 of 31
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the
eligibility of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance
with this and all other provisions of this Contract;
0) Comply with the requirements of the Federal Information Security Modernization Act of 2014(FISMA)
(PL-113-283, as amended) and OMB guidance as applicable to electronic storage, transport of records between
agencies,and the internal processing of records received by either agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in
this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s)
without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/her may
do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrectYourRecordsw
ithUSCIS.pdf(subject to revision and reposting on the SAVE Website and Online Resources);
(1) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Information Act and other applicable laws,
regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification
procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received
pursuant to this Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE
Program based upon the national origin,color,race,gender,religion,or disability of the applicant;
(n) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with adequate
written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct
their records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact
D H S - U S C I S i s p o s t e d a t
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE Native Documents/Fact Sheet HowToCorrectYourRecordsw
ithUSCIS.pdf,(subject to revision and reposting on the SAVE Website and Online Resources);
(o) Provide all benefit-applicants who are denied benefits based solely or in part on the SAVE response with the
opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their
records prior to a final decision,if necessary;and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification
requirements of Section 274A of the Immigration and Nationality Act,8 U.S.C.§1324a.
(2) Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related
to the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to
original applicant consent documents required by the Privacy Act,5 U.S.C.§552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a violation of this
agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an information
breach has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget
(OMB) Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable
Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related
to the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original
applicant consent documents required by the Privacy Act,5 U.S.C.§552a or other applicable authority;
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review
Subrecipient's compliance with this Addendum E and all other SAVE-related policy, procedures, guidance and law
applicable to conducting verification and safeguarding, maintaining, and disclosing any data provided or received
pursuant to this Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use and
access, SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage
patterns and other relevant data;
Page 24 of 31
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact
persons or other personnel within the Subrecipient's organization or relevant contractors regarding any and all questions
or problems which may arise in connection with the Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE
users as necessary to ensure compliance with the terms of this Addendum E and the SAVE Program requirements by its
authorized agents or designees;
(i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every
written finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding
waste, fraud, and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and
safeguards of this Addendum E,SAVE Program procedures or other applicable law,regulation or policy;and
Q) Provide Department and SAVE Monitoring and Compliance with the current e-mail, U.S. postal service address,
physical address, name and telephone number Users authorized representative for any notifications, questions or
problems that may arise in connection with Users participation in SAVE and with notification of changes in the benefit
offered by the User.
(3) Criminal Penalties.
(a) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted by law,
including,but not limited to,the prosecution of violations of Federal administrative or criminal law,
(b) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5
U.S.C. §552a(i)(1), and that any person who obtains this information under false pretenses or uses it for any purpose
other than as provided for in this Contract may be subject to criminal penalties.
(4) Third Party Liability.
(a) Each party to this Contract shall be solely responsible for its own defense against any claim or action by third parties
arising out of or related to the execution and/or performance of this Contract, whether civil or criminal, and retain
responsibility for the payment of any corresponding liability.
(b) Nothing in this Contract is intended, or should be construed, to create any right or benefit, substantive or procedural,
enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas,
its agencies,officers,or employees,or the Subrecipient.
(5) Points of Contact
Michael De Young
Director of Community Affairs Division
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O.Box 13941
Austin,TX 787I1-3941
Phone:(512)475-2125
Email:michael.deyouna n,tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S.Citizenship and Immigration Services
Department of Homeland Security
Washington,DC 20529-2620
ATTN:SAVE Operations
Phone: (888)464-4218
Email: saveregistration(idhs.Qov
USCIS SAVE Monitoring and Compliance MS 2640
U.S.Citizenship and Immigration Services
Department of Homeland Security
Washington,DC 20529-2640
Phone: (888)464-4218
Email: save.monitoringp_dhs.gov
Page 25 of 31
(6) Certification.
The undersigned hereby certifies to the Department that all information herein is true and correct to the best of their
knowledge and belief.The purpose of this statement is to certify that City of Fort Worth(Subrecipient):
Is NOT a private nonprofit charitable organization and is an entity created by State Statute and affiliated with a
state or governmental entity (such as a housing finance agency, public housing authority, unit of local government,
council of governments,county,etc.)
Certification must have the signature from a representative with authority to execute documents on the
Subrecipient's behalf
I certify that I understand that fines and imprisonment up to five years are penalties for knowingly and willingly making
a materially false, fictitious, or fraudulent statement or entry in any matter under the jurisdiction of the federal
government(18 U.S.C.Sec. 1001).
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 30,2019 4:39 pm
Page 26 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$1,078,620.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$2,000.00 TRAINING&TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$1,0789620.00 TOTAL ANTICIPATED LIHEAP FUNDS
$2,000.00 TOTAL ANTICIPATED TRAINING&TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current
Contract Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES FUNDS
z Administration $77,913.00
3 Materials/Program Support/Labor S 800,566.00
4 Health and Safety S 200,141.00
SUB-TOTAL $1,078,620.00
5 Training and Technical Assistance $2,000.00
TOTAL S 1,080,620.00
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the
Department will make any adjustments to the budget categories. The .only categories that can be reduced are the
Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited
to two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the
Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed.
The Department may decline to review written requests received during the final 45 calendar days of the
Contract Term.
2 Denotes maximum 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 Health and Safety expenditures.
5 Department approved training/travel only.
Page 27 of 31
PERFORMANCE
Subrecipient's service area consists of the following Texas counties:
TARRANT
Work orders must be submitted to weatherization contractors no later than December 31, 2020 for any weatherization
activities to be completed under this Contract. All weatherization activities including final inspection must be
completed no later than January 31,2021.
Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not limited
to: payment of invoices, and quality assurance activities for a period not to exceed 45 days from the end of the Contract
Term defined in Section 2 of this Contract.
These costs she be reported on the final report described in Section 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during
the Contract Term. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses,
shall not exceed $8,000.00 per unit without prior written approval from the Department. The cumulative total cost per
unit(materials,labor,and program support),shall not exceed the maximum allowable by end of the Contract Term.
Page 28 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA#93.568)
EXHIBIT B
LIHEAP PRIORITY LIST
For Single-Family,Mobile Homes,and Small Multi-Family Buildings
City of Fort Worth
a political subdivision of the State of Texas
An energy conservation measure (ECM) may include contributory items necessary for the proper installation of that
ECM. The installed cost of all contributory items, associated with the proper installation, cannot exceed the cost of the
individual ECM cost.Both the contributory and ECM costs are to be wrapped for the total ECM cost.
Contributory Items: Items required by WAP field standards to achieve a final product in a typical installation.
Contributory items must be necessary to complete the proper installation and ensure proper performance of the ECM.
Incidental Repair is defined as: repairs necessary on items for the effective preservation of weatherized materials.
Instructions for Priority List:
I. Perform the Major Measures in order as they appear on the list below. Documentation must be provided if a Major
Measure is not addressed,or end result is not achieved.
- If the unit does not meet required criteria, then Major Measures have not been completed adequately and
additional work must be considered and/or completed.
- Subrecipient CANNOT perform any Secondary measures until ALL criteria for Maior Measures have
been adequately addressed installed.
- If Subrecipient does NOT meet or exceed the required criteria for major measures consistently across
program years, future LIHE,4P Weatherization contracts for Subrecipient could be restricted on the
installation of secondary measures.
2. Once Major Measures have been adequately addressed, any of the Secondary Measures may be addressed in any
order according to the professional judgment of the Subrecipient staff.
- Decisions should be based on what is best for each individual client and unit and what has the best potential
energy savings impact for that household,while maximizing allowable program expenditures.
Major Measures
1. Health&Safety Items
a. Households that have a pregnant woman - Window screens/Solar screens to help prevent exposure to the Zika
Virus.
b. Must meet ASHRAE 62.2-2016 Standard.
c. Refer to H&S guidance located on the Department website at the following link:
http://www.tdhca.state.tx.us/community-affairs/wap/guidance.htm
d. To include cook stoves-refer to Chapter 8 of the MISM
http://www.tdhca.state.tx.us/community-affairs/wap/docsfwAP-NHSM.pdf
2. Air Infiltration
a. NO MAXIMUM COST LIMITATION.
b. All costs(labor and materials)must be detailed on the Building Weatherization Report(BWR).
c. Complete current Blower Door Data Sheet as instructed.
d. At Subrecipient Final Inspection, MUST MEET or EXCEED the Blower Door Target for 75% of houses
weatherized.
3. Duct Sealing
a. NO MAXIMUM COST LIMITATION.
b. All return ducts to be sealed regardless of location.
c. All supply ducts to be sealed when in unconditioned space.
d. At Subrecipient Final Inspection, MUST MEET or EXCEED Duct Blaster Target (With Reference to
Outside)in 75%of Homes Weatherized.
Page 29 of 31
4. Attic Insulation
a. If existing insulation is assessed as R27 or below,must insulate to meet current code.
b. Block all heat sources&attic hatches.
C. If no insulation is added but ventilation needed,install ventilation under H&S.
5. Wall Insulation
a Check all exterior walls for existing insulation levels.
i. If adequately insulated,document and proceed to next measure.
ii. If not adequately insulated, dense pack applicable wall cavities, including above and below all windows
and doors.
6. Floor Insulation
a. If addressed,must follow current code.
b. Vapor barrier always required.
c. Follow OSHA accessibility standards.
7. Refrigerator
a. Meter for minimum of 30 minutes.
b. Units 15 years old or more can be replaced without metering,as long as manufactured year is documented.
c. Replaced units must be de-manufactured properly, materials must be recycled and refrigerant properly
disposed of to EPA regulations.
Secondary Measures
• Low-Cost Measures
a. Water Savers-aerators and low flow showerheads.
b. Water heater tank/pipe insulation.
c. Install maximum of 10 CFLs/LEDs per house.
• Smart Thermostat
a. Install only after consultation/training with client.
• Solar Screens/Window Film
a. Install in the following order:
i. West,South,East,then North side of house.
b. If the windows are covered by any permanent shading structure, then solar screens/window film cannot be
installed on that window.
• Incidental Repairs
a. Maximum expenditure allowed is$500.
b. Must be related to weatherization measure.
c. Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor window and door
repair,gutters,downspouts,paint,stains,and sealants.
d. Regarding mobile homes,could include mobile home skirting and overhangs to protect mobile home doors
e. Could also include carpentry work to protect water heaters located outside to protect DWH from weather
elements.
f. Could include roof,wall,and floor repair;excluding leveling.
g. Repair of"essential wiring"
i. Essential wiring defined as any wiring going directly to an appliance that is being addressed by the WX
program.
• HVAC/Evaporative Cooler Replacement
a. Complete replacement of furnace/AC/HVAC as energy efficiency measure is a possibility.
i. Must meet current Energy Star rating for complete system replacement (see guidance below for
component only replacement).
ii. Must document accurate Manual J and Manual S in client file;
iii. HVAC units with a SEER or downgraded SEER of 11 or less should be replaced. Documentation of
the downgraded formula should be in the client file as part of the assessment;
Page 30 of 31
iv. Central heating units with an Annual Fuel Utilization Efficiency (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;
v. Resistance central heating units, if the cooling side meets replacement criteria, may be replaced with a
complete central heat pump system. Documentation of degraded cooling unit SEER and age of heating
unit should be in the client file as part of the assessment;
vi. The replacement of AC only components of the HVAC system in cases where the existing furnace
does not meet the degraded AFUE will be allowed if the following criteria is met:
1. The components have a valid AHRI rating.
2. Components are either Energy Star Rated or documentation is present in the client file from the
HVAC contractor stating the reason Energy Star rating cannot be obtained. If Energy Star ratings
are not obtained the components must:
a. Increase the degraded SEER rating of the existing equipment by a minimum of 3 SEER.
b. Be the highest AHRI rated components available with a minimum SEER rating of 14
SEER.
b. Repair of central system is potentially allowable. Justification for the repair must be documented in the client
file.Repair can include,but is not limited to:
i. Clean and tune.
ii. Clean Evaporative and Condensing coils.
iii.Check/adjust gas pressure.
iv. Clean blower wheel(squirrel cage).
v. Check all controls,set heat anticipator if applicable.
C. Change and leave up to twelve(12)new air filters.
d. No replacement of window air-conditioners if a central system is replaced or repaired to working order.
e. Replacement of window air-conditioners:
i. Maximum of three(3)window units can be replaced.
ii. Must be Energy Star Rated and sized according to manufacturer's room sizing specifications.
iii.Mini split replacement options for units with inefficient or oversized window units will be considered
on a case by case basis with Department approval. In order to receive Department approval,
subrecipients must provide the following:
1. Billing history information to verify the need.
2. Window unit plate information to include age, rated efficiency, maintenance factor/condition, and
BTU size.
3. Brief synopsis of the auditors reasoning for the mini split consideration.
4. Unit drawing showing the coverage of each window unit.
5. Type of heating system in the house.
6. Cost information of the replacement system.
7. Other information deemed necessary by the Department to justify window unit replacement with
a mini split system.
Doors and/or Windows
a. Doors/windows that are structurally unsound or unable to be repaired may be replaced.
b. Prior to replacement,Subrecipient must receive written Dept approval.If prior approval is not received,costs
are disallowed.
Page 31 of 31
' M&C Review Page 1 of 2
Gffirial site of the City of Fort worth; ('exa
CITY COUNCIL AGENDA FbIrrWORTH
DATE: 12/3/2019 REFERENCE NO.: *'M&C 19-0346 LOG NAME: 19NSTDHCA-
LIHEAP2020
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs for the 2020 Low-Income Housing Energy Assistance Program, a Federally
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$1,500,000.00, Authorize Related Contracts, Adopt
Appropriation Ordinance, and Waive Indirect Costs (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs
in an amount up to $1,500,000.00 for the 2020 Low-income Housing Energy Assistance Program;
2. Authorize the execution of related contracts, including any amendments, extensions and renewals,
in accordance with City policies and regulations, with the Texas Department of Housing and
Community Affairs for the grant funds for program year January 1, 2020 through December 31, 2020;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Federal Fund in the amount of$1,500,000.00, subject to receipt of the grant; and
• 4. Waive indirect costs in the estimated amount of$49,500.00.
DISCUSSION:
Since 1982, the City has operated the Low-Income Housing Energy Assistance Program (LIHEAP)
through grants from the Texas Department of Housing and Community Affairs (TDHCA). This
program serves low-income residents in Tarrant County by weatherizing their homes, making them
more energy efficient. Weatherization measures include attic insulation, weather-stripping, caulking,
repair and/or replacement of windows and doors and other minor repairs. Administrative costs are
restricted to seven percent of the LIHEAP grant based on the total allowable expenditures for the
Low-Income Housing Energy Assistance Program.
The City has weatherized approximately 55 houses with funding from this grant between January and
September 2019 and projects completing 175 houses in 2020. All Weatherization Assistance
Program funding will allow for up to 200 homes to be weatherized.
A waiver by the City of indirect costs will maximize benefits. LIHEAP provides for 2.50 full time
positions with estimated direct salaries of$135,000.00. The addition of indirect costs would result in
the reduction of services and staff. The estimated indirect costs to be waived are $49,500.00.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONICERTIFICATION:
• 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 Operating Federal Fund. Neighborhood Services will
be responsible for the collection and deposit of funds due to the City. Prior to expenditures being
http://apps.cfwnet.org/council_packet/mc review.asp?ID=27493&councildate=12/3/2019 12/5/2019
Ivwu xeview Page 2 of 2
incurred, Neighborhood Services has the responsibility to validate the availability of funds. This is a
reimbursement grant.
• TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID hartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Oriainatina Department Head: Sonia Singleton (5774)
Additional Information Contact: Monique Hill (5775)
ATTACHMENTS
NS LIHEAP2020 AO.docx
•
http://apps.cfwnet.org/council_packet/mc review.asp?1D=27493&councildate=12/3/2019 12/5/2019