HomeMy WebLinkAboutContract 39904 (2)TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS C1 I i SECRETARY G
CONTRACT NUMBER. 16090000705 FOR THE CONTRACT NO
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.402)
SECTION I. PARTIES TO CONTRACT
This contract (hereinafter "Contract")
is made by and between the Texas Department of Housing
and Community
Affairs,
an agency of the State of Texas
(hereinafter the "Department") and Fort Worth, City of.
Department of
Housing
(hereinafter the "Subrecipient"). The
term of this Contract shall be for the period identified under
Attachment A —
Budget
and Performance Document (hereinafter the "Attachment A"),
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September O1, 2009 through August 31, 2011
(hereinafter the "Contract Term' ).
SECTION 3. DESIGNATED CONTRACTOR CONTACTS
Subrecipient shall
designate, in writing,
at the time Subrecipient executes this Contract, one or more
responsible and
qualified individuals as points of contact
with the Department to maintain a flow of current information
relating to the
receipt, deployment,
reporting, management and use of funds received under this Contract.
SECTION 4. SUBRECIPIENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance
Program (WAP) in accordance with the budget described in Attachment A of this Contract. Subrecipient shall develop
and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings of low-income
persons. WAP services will be provided to owner occupied units as well as rental units. Priority will be given to
households with elderly, persons with disabilities, households with young children that are age five (5) or younger, and/or
households with a high energy burden and households with high energy consumption. Subrecipient shall implement WAP
in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended
(42 U.S.C. §6861 et seq.); the U.S. Department of Energy (DOE) regulations codified in 10 C.F.R. Parts 440 and 600; any
applicable Office of Management and Budget (OMB) Circulars; the Texas ARRA State Plan; State weatherization
regulations; Texas Administrative Code: 10 TAC §5.10—§5.20; §5.501—§5.508; §5.521-§5.532; and §5.601—§5.609. The
International Residential Code; International Energy Conservation Code; or in accordance with jurisdictions authorized by
State law to adopt later editions; and the terms of this Contract.
SECTION 5. DEPARTMENT FINANCIAL OBLIGATIONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient
for the actual allowable costs incurred by Subrecipient in the amount specified in Attachment A of this Contract.
B. Department's obligations under this Contract are contingent upon the actual receipt by Department of adequate federal
funds. If sufficient funds are not available, Department shall notify Subrecipient in writing within a reasonable time
after such fact is determined. Department shall then terminate this Contract and will not be liable for the failure to
make any payment to Subrecipient under this Contract.
C. Department is not liable for any cost incurred by Subrecipient which:
(1) is incuned to weatherize a dwelling unit which is not an eligible dwelling unit as defined in 10 C.F.R. §440.22;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, or
local program within twelve months from the date weatherization of the dwelling unit is scheduled to be
completed;
(3)
is incurred to weatherize
a dwelling
unit previously weatherized with
WAP funds, except as provided for in 10
C.F.R. §440.18(e)(2);
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(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in Section 9 of
this Contract;
(5) is not incurred during the Contract term;
(6) is not reported to Department on a monthly ARRA expenditure report and/or a monthly ARRA performance
report, within sixty (60) days of the termination of the Contract term;
(7) is subject to reimbursement by a source other than Department;
(8)
is made
in
violation of
any
provision of
this
Contract
or any provision
of federal or state law or regulation,
including,
but
not limited to,
those
enumerated in
this
Contract;
or
(9) is used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.
D. Subrecipient shall refund, within fifteen (15) days of Department's request, any sum of money paid to Subrecipient
which Department determines has resulted in an overpayment or has not been spent in accordance with the terms of
this Contract. Department may offset or withhold any amount otherwise owed to Subrecipient under this Contract
against any amount owed by Subrecipient to Department arising under this or any other contract between the parties,
E. The Department reserves
the right to
evaluate the performance and expenditures on this
contract and transfer funds at
the sole discretion of the
Department.
Underperformance under this contract may result
in subsequent deobligation of
funds from this contract.
SECTION 6. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of WAP funds under Attachment A by submitting a
monthly expenditure Report to Department (through the electronic reporting system) at its offices in Travis County,
Texas. Subrecipient must maintain and follow written procedures to minimize the time elapsing between the transfer
of funds from Department and the disbursement of such funds by Subrecipient.
B. Subrecipient's
requests for advances shall be limited to the minimum amount
needed to perform
contractual
obligations and
timed to be in accordance with actual, immediate cash
requirements of
the Subrecipient in
carrying out
the purpose of
this Contract. The timing and amount of cash advances
shall be as close
as administratively
feasible, not
to exceed a
30 day projection of the actual disbursements by the
Subrecipient to
direct program costs
and the
proportionate share
of any allowable indirect costs.
C. Subsection 4(A) nohwithstanding, Department reserves the right to use a cost reimbursement method of payment for all
funds if (I) Department determines that Subrecipient has maintained excess cash balances; (2) Department identifies
any deficiency in the cash controls or financial management system maintained by Subrecipient; (3) Department
determines that a cost reimbursement method would benefit the program; (4) Department's funding sources require the
use of a cost reimbursement method; or (5) Subrecipient fails to comply with any of the reporting requirements of
Section 10,
D. All funds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible recipients of
the weatherization assistance program and for the payment of the allowable expenditures identified in Section 9 of this
Contract.
SECTION 7. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
Except as expressly modified by law or the terms of this Contract, Subrecipient
shall
comply with the
cost principles
and
uniform administrative requirements set forth in the Uniform Grant and Contract
Management Standards,
1 T.A.C. § 5.141
et seq. (the "Uniform Grant Management Standards"); all references therein to
"local
government" shall be construed
to
mean Subrecipient. Uniform cost principles for local govemments are set forth in
OMB Circular
No. 87, and
for
non -profits in OMB Circular No. 122. Uniform administrative requirements for
local
governments are
set forth in OMB
Circular No. 102 and for non -profits in OMB Circular No. 110.
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SECTION 8. PREVAILING WAGES AND RATES PAID TO SUBRECIPIEN I AND SUBCONTRACTORS
Notwithstanding any other provision of law and in a manner consistent with other provisions of the American Recovery
and Reinvestment Act of 2009, all laborers and mechanics employed by Subrecipient and subcontractors on projects
funded directly by or assisted in whole or in part by and through the federal government pursuant to the American
Recovery and Reinvestment Act of 2009 shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code. All implementing regulations, notices, guidance and any other requirements issued by the
federal government related to Subrecipient's performance under this Contract.
SECTION 9. USE OF ALCOHOLIC BEVERAGES
None of the funds provided under this Contract shall be used for the payment of salaries to any employee who uses
alcoholic beverages while on active duty. No funds provided under this Contract shall be used for the purchase of
alcoholic beverages.
SECTION 10. TERMINATION AND SUSPENSION
A. Department may terminate this Contract, in whole or in part, at any time Department determines that there is cause for
termination. Cause for termination includes but is not limited to Subrecipient's failure to comply with any term of this
Contract, the Texas Administrative Code: 10 TAC §5.17 (Sanctions and Contract Close Out), any state weatherization
regulation and the WAP State Plan. Department shall notify Subrecipient in writing no less than thirty (30) days prior
to the date of termination.
B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately
suspend Subrecipient's performance under this Contract if Department identifies possible instances of fraud, abuse,
waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. Suspension shall be a
temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this
Contract.
C. Department
shall not be liable
for any costs
incurred by
Subrecipient after termination or
during the suspension of this
Contract.
The termination or
suspension of
this Contract norivithstanding, Subrecipient
shall not be relieved of any
liability for
damages due to
Department by
virtue of
any prior or future breach of
this Contract by Subrecipient.
Department
may withhold any
payment otherwise due to
Subrecipient until such time as
the exact amount of damages
owed to Department by Subrecipient is determined
and paid.
SECTION I1. 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 Section 5 and
the regulations
set forth in
10 C.F.R. §440.18, subject to the limitations and
exceptions set forth in
this Section.
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract for the purchase of
weatherization materials. All weatherization measures installed must be listed on a DOE approved State of Texas
Priority List or have an approved State of Texas Energy Audit savings -to -investment ratio (SIR) of one or greater
unless otherwise indicated. 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. Subrecipient shall
weatherize eligible
dwelling units using
only weatherization materials which meet or exceed
the standards prescribed by
DOE in 10 C.F.R.
Part 440, Appendix
A, State of Texas adopted International Residential
Code (IRC) or in accordance with jurisdictions
authorized by State
law to adopt later editions.
Allowable WAP expenditures under Attachment A include:
(1) purchase and delivery of weatherization materials as defined in 10 C.F.R. §440.3, but not to include storm doors;
(2) labor
costs for
doors, primary windows and storm windows
that will result in approved energy savings with SIR
of one
or greater
in accordance with 10 C.F.R. §440.19;
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(3) weatherization materials and labor for heating and cooling system tune ups, repairs, modification, or replacements
if such will result in improved energy efficiency as demonstrated by SIR of one or better in the approved State of
Texas Energy Audit and, whenever available, heating and cooling systems must have an Energy Star rating;
(4) transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site and to the
site of weatherization work;
(5) maintenance, operation, and insurance of vehicles used to transport weatherization materials;
(6) maintenance of tools and equipment;
(7) purchase or lease of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by
Department and DOE);
(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 Attachment A shall
not
exceed the cost
of weatherization measures charged
to WAP
funds and shall have a whole house SIR of one
(1)
or greater on the
approved State of Texas Energy
Audit.);
(11) allowable health and safety measures; and
(12) allowable base load reduction measures. 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 90 days prior to the end of the Contract term before
these funds can be moved.
C. Administrative costs incurred by Subrecipient in performing this Contract are to be based on actual programmatic
expenditures and shall be allowed up to the amount outlined in Attachment A. Allowable administrative costs may
include reasonable costs associated with Subrecipient's administrative personnel, travel 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 / DOE 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 90 days prior to the end of the
Contract term before these funds can be moved.
D. The cost of liability insurance for the weatherization program for personal injury and for property damage, not to
exceed Two Thousand Dollars ($2,000.00) shall be an allowable WAP expenditure under Attachment A. Subrecipient
may request in writing a waiver of the limit on liability insurance. The waiver request must provide price quotes from
at least three (3) insurance carvers. If subrecipient is allowed to waive the liability insurance limit, amounts in excess
of the $2,000 may be charged to the administrative or program support category. The liability insurance category has
increased to enable Subrecipient to purchase 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 ensure that lead is covered and if not, secure adequate coverage for all units to be weatherized.
Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent contractors or
the independent contractors must obtain the coverage.
E. Fiscal
audit expenses for
the weatherization
program not to exceed One Thousand Dollars ($1,000.00)
shall be allowed
under
Attachment A, subject
to Section I5.
F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units
under the direction of qualified supervisors.
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SECTION 12. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
Contractor shall not use any of the funds provided pursuant to this Contract for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the
project are produced in the United states except as provided in Section 1605 of the American Recovery and Reinvestment
Act of 2009.
SECTION 13. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall comply with the record keeping requirements set forth at 10 C.F.R. §440.24 and with such
additional record keeping requirements as specified by Department.
B. For each dwelling unit weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a
file containing the following information:
(I) completed
Application
for Weatherization Services indicating the ages of
the
residents, presence in the household
of children
age five (5) or younger, elderly persons (60 years or older), and persons
with
disabilities;
(2) 12 month customer billing history for utilities or consumption disclosure release form;
(3) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award letters, employer
statements, or other similar documents including total income and public assistance payments); no dwelling unit
shall be weatherized without documentation that the dwelling unit is an eligible dwelling unit as defined in 10
C.F.R. §440.22. All proof of income must reflect earnings from within 12 months of the start date indicated on
the building weatherization report (BWR). Proof of income documentation requirements are the same for both
single and multifamily housing; effective January 1, 2005, all new applications must have proof of income or
Declaration of Income Statement for the previous 30 days;
(4) BWR to include certification of final inspection;
(5) invoices of materials purchased and/or inventory removal sheets;
(6) invoices of labor;
(?) if a rental unit, landlord agreement form (including Exhibits A and B), landlord financial participation form and
Permission to Conduct Energy Audit Form (Department form); and all other Landlord forms found in the Energy
Assistance Section of the Departments website.
(8) Self-help Certification (Department form), if applicable;
(9) Notice of Denial (Department form), if applicable;
(]0) Signed and dated Building Assessment form;
(] 1) Attic Inspection (local design allowed);
(12) Wall Inspection (local design allowed);
(13) Justification for Omission of Priorities (local design allowed), if applicable;
(14) Documentation of pre weatherization carbon monoxide readings for all combustible appliances.;
(15) Documentation of post weatherization carbon monoxide readings for all combustible appliances.
(16) Blower Door Data Sheet;
(17) Copy of the cover sheet, SIR page, and Suggested Repairs and Measures page for the approved State of Texas
Energy Audit;
(18) A complete approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (unless
using computer based audit);
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(19) Signed client receipt of Lead Safe Information (for homes built in 1978 or prior); and
(20) Refrigerator replacement form (if applicable).
C. Materials standards documentation for weatherization materials purchased under this Contract must be maintained.
These standards must meet the requirements according to Appendix A of 10 CFR 440.
D. Subrecipient shall give the federal and state funding agencies, the Comptroller General of the United States, and
Department access to and the right to reproduce all records pertaining to this Contract. All such records shall be
maintained for at least three years after final payment has been made and all other pending matters are closed.
Subrecipient shall include the requirements of this Subsection in all subcontracts.
E. All WAP records maintained by Subrecipient, except records made confidential by law, shall be available for
inspection by the public during Subrecipient's normal business hours to the extent required by the Texas Public
Information Act, TEXAS GOVERNMENT CODE ANNOTATED, Chapter 552,
F. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures.
SECTION 14. REPORTING REQUIREMENTS
A. On or before the fifth
(Sth) day of the month,
Subrecipient
shall electronically
submit a Performance Report and
Expenditure Report to the Department reporting all
activities up
to the last day of
the previous month. These reports
are due each month even
if Subrecipient has no new
activity to
report during the month. Subrecipient must submit the
first Performance Report
and Expenditure Report
no later than
October 5, 2009
regardless of whether Subrecipient
makes a fund request.
B. Subrecipient shall electronically submit to Department no later than sixty (60) days after the end of the Contract term
of this Contract a final expenditure and programmatic report. The failure of Subrecipient to provide a full accounting
of all funds expended under this Contract may result in ineligibility to receive additional funds or additional contracts.
C. Subrecipient shall submit to Department no later than sixty (60) days after the end of the Contract term an inventory of
all vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of more than one
year, if purchased in whole or in part with funds received under this or previous weatherization assistance program
contracts. The inventory shall reflect the vehicles, tools, and equipment on hand as of the last day of the Contract term.
D. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be required
by DOE pursuant to 10 C.F.R. §440.25, or by Department.
E. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this Contract,
including responses to monitoring reports, Department may withhold any and all payments othenvise due or requested
by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received
by Department. If the delinquent report or response is not received within forty-five (45) days of its due date,
Department may suspend or terminate this Contract. If Subrecipient receives Weatherization Program 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.
Page 6 of 16
SECTION 15. ASSISTANCE IN PREPARING REPORTS ON USE Or FUNDS
Subrecipient shall track all funds under this Contract and their projected statuses separately from all other funds, and shall
assist Department in preparing and filing the Department's recipient reports required by Section 1512(c) of the American
Recovery and Reinvestment Act of 2009. Subrecipient shall provide to the Department, not later than five (5) calendar
days after the end of each calendar quarter, the following information:
A. An estimate of the number of jobs created and the number of jobs retained by the project or activity;
B. For infrastructure investments, the purpose, total cost, and rationale of the agency for funding the infrastructure
investment with funds made available under this Contract, and the name of the person to contact, and contact
information, if there are concerns with the infi•astructure investment;
C. The names and total compensation of the five most highly compensated officers of the entity if:
(1) the recipient in its preceding fiscal year received:
a. 80 percent or more of its annual gross revenues in Federal awards; and
b. $25,000,000 or more in annual gross revenues from Federal awards; and
(2) the public does not have access to information about the compensation of the senior executives of the entity
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 [26 U.S.C. §6104];
D. Vendor information including description of product or service, name, zip code, DUNS number, payment amount; and
E. Any other information requested by the Department related to the Contract.
SECTION 16. CHANGES AND AMENDMENTS
Any change in the terms of this Contract required by a change in state or federal law or regulation is automatically
incorporated herein effective on the date designated by such law or regulation and Subrecipient is on constructive notice of
this change whether actual notice is provided. Except as otherwise specifically provided herein any other change in the
terms of this Contract shall be by amendment in writing and signed by both parties to this Contract.
SECTION 17. NON -BINDING GUIDANCE
Department may issue non -binding guidance to explain the rules and provide directions on the terms of this Contract.
SECTION 18. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipient agrees to
indemnify Department against any disallowed costs or other claims, which may be asserted by any third party in
connection with the services to be performed by Subrecipient under this Contract.
SECTION 19. PROCUREMENT STANDARDS &SUBCONTRACTS
A. Subrecipient shall develop and implement procurement procedures, which conform to the uniform administrative
requirements referenced in Section 6 of this Contract. Subrecipient shall not procure supplies, equipment, materials, or
services for this Contract except in accordance with its procurement procedures and the Texas Administrative Code:
10 TAC §5.10-§5.12 and §5.608. All procurement contracts, other than "small purchases" shall be in writing and shall
contain the required provisions. Subrecipient must obtain advance written permission from DOE through Department
before purchasing any vehicle. 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.
B. In addition to following any applicable state or local procurement laws, Subrecipient shall timely provide the
Department with an electronic version of any notice of procurement opportunity for posting on the Department's
website.
Page 7 of 16
C. To the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixed -price contracts
through the use of competitive procedures. Subrecipient shall post a summary of any contract awarded with such funds
that is not fixed -price and not awarded using competitive procedures on the federal website established pursuant to
Section 1526 of the American Recovery and Reinvestment Act of 2009.
D. Subrecipient shall ensure that its subcontractors comply with all applicable terms of this Contract as if the performance
rendered by the subcontractor was being rendered by Subrecipient. Subrecipient shall inspect all subcontractors' work
and shall be responsible for ensuring that it is completed in a good and workmanlike manner. Subrecipient shall make
no payment to subcontractor until all work is complete and has passed a final inspection.
E. It is the sole responsibility of Subrecipient's authorized weatherization staff to perform every initial assessment, every
approved State of Texas Energy Audit, and every final inspection. In an emergency situation, Subrecipient may
request in writing that the Department waive this requirement. The Department will review each request separately to
determine whether a waiver will be granted, the conditions for the waiver, and the maximum time allotted for the
waiver. Under no circumstances will a waiver be granted for longer than six months. Failure to strictly adhere to this
policy will result in disallowed costs.
SECTION Z0. AUDIT
A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and
performances rendered under this Contract, subject to the following conditions and limitations:
(1) Subrecipients expending $500,000 or more in federal financial assistance for any fiscal year ending on or after
December 31, 2003, shall have an audit made in accordance with Department's supplemental audit guide, the
Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq. and OMB Circular No. 133 - Revised June 27,
2003, "Audits of States, Local Governments, and Non -Profit Organizations." For purposes of this Section 15,
"federal financial assistance" means assistance provided by a federal agency in the form of grants, contracts, loans,
loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does
not include direct federal cash assistance to individuals. The term includes awards of federal financial assistance
received directly from federal agencies, or indirectly through other units of state and local government.
(2) Subrecipient shall utilize funds budgeted under this Contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by Department under this Contract, provided however that
Department shall not make payment for the cost of such audit services until Department has received a satisfactory
audit report, as determined by Department, from Subrecipient.
(3) Subrecipient shall
submit
two
(2) copies of
the report of such audit to Department within thirty (30) days after the
completion of the
audit,
and
no later than
nine (9) months after
the end of the audit period. However, for fiscal
years beginning on
or before
June 30, 1998,
the audit shall be
completed and submitted within the earlier of 30
days after receipt
of the
auditor's
report or
13 months after the
end of the audit period. Subrecipient shall ensure
that the audit report
is
made
available for
public inspection within thirty (30) days after completion of the audit.
Audits performed
under
this
Section 16 are subject to review
and resolution by Department or its authorized
representative.
(4) The audit report must include verification of all expenditures by budget category, in accordance with the final
Monthly Expenditure Report submitted to close out the contract year.
B. Subsection A notwithstanding, Subrecipients expending less than $500,000 in Federal financial assistance may arrange
for the performance of an annual financial statement audit. Such audit should include verification as required in
§ 16(A)(4)I
C. Subsection A notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of
funds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its
authorized representative to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
D. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial
and compliance audits) of funds received under this Contract. Subrecipient further understands and agrees that
reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were not
provided or otherwise made available to Subrecipient under this Contract.
Page 8 of 16
E. Subrecipient shall take such action to facilitate the performance of such audit or audits conducted pursuant to this
section as Department may require of Subrecipient.
F. Subrecipient
shall procure audit services through an open,
compeve
process at least once
every four years$ The
auditor shall
retain working papers and reports for a minimum
of three
years after the date of
issuance of the auditor's
report to the
auditee. Audit working papers shall be made available upon
request to Department at the completion of
the audit, as
a part of a quality review, to resolve audit
findings, or
to carry out oversight
responsibilities consistent
with the purposes of this part. Access to working papers
includes the
right to obtain copies
of working papers, as is
reasonable and necessary.
SECTION 2l. PROPERTY MANAGEMENT
A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more
and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous
weatherization assistance program Contracts, are not assets of either the Subrecipient or the Department but are held in
trust for the Weatherization Assistance Program and as such are assets of the Weatherization Assistance Program. Any
equipment, tools, or vehicles having a useful life of more than one year and an acquisition cost of $5,000.00 or more
per unit must receive prior approval from the Department before the purchase is made.
B. Subrecipient shall develop and implement a property management system, which conforms to the uniform
administrative requirements referenced in Section 6. Subrecipient shall not use, transfer, or dispose of any property
acquired in whole or in part with funds provided under this or a previous weatherization assistance program contract
except in accordance with its own property management system.
C. Upon
termination or non -renewal of this contract, the
Department
may transfer the title of equipment to a third party
named
by the Department.
Such a transfer shall be subject
to
the following
standards:
1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in writing.
2) The Department will issue disposition instructions after receipt of final inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and
shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of Five Thousand
Dollars ($5,000.00) or more.
E. In addition to the inventory of vehicles, tools, and equipment required
physical inventory of all WAP materials and shall reconcile the results
year. Any differences between quantities determined by the inventory and
investigated by Subrecipient to determine the cause of the difference.
under Section 10, Subrecipient shall take a
with its property records at least once every
those shown in the property records shall be
SECTION 22. INSURANCE REQUIREMENTS
Subrecipient shall maintain adequate personal injury and property damage liability insurance or, if Subrecipient is a unit of
local government, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with the
performance of this Contract. Subrecipient may 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 shall review existing
policies to ensure that lead contamination is covered and if not, secure adequate coverage for all units to be weatherized.
Additional liability insurance costs may be paid from administrative or program support categories. 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.
If Subrecipient is not a unit of local govemment, Subrecipient shall provide Department with certificates of insurance
evidencing Subrecipient's current and effective insurance coverage. Subrecipient agrees to notify the Department
immediately upon receipt of notification of the termination, cancellation, expiration, or modification of any insurance
coverage or required policy endorsements. Subrecipient agrees to suspend the performance of all work performed under
this Contract until Subrecipient satisfies the coverage requirements and obtains the policy endorsements, and has delivered
to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective,
and has been notified by Department that such performance of the work under this Contract may recommence.
Subrecipients must also require all contracting independent subcontractors to have general liability insurance.
Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent subcontractors or
the independent subcontractors must obtain the coverage.
SECTION 23. LITIGATION AND CLAIMS
Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative
agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder.
Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 24. TECHNICAL ASSISTANCE AND MONITORING
Department or its designee may conduct periodic technical assistance visits, desk and on -site monitoring to evaluate the
efficiency, economy, and effectiveness of Subrecipient's performance of this Contract. Department will advise
Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to
Subrecipient and may require changes in Subrecipient's accounting, personnel, procurement, and management procedures
in order to correct any deficiencies noted. Subrecipient may be required by Department to return to dwelling units to
correct identified problems. Department may further review and assess the efforts Subrecipient has made to correct
previously noted deficiencies. Department may withhold funds, place Subrecipient on a cost reimbursement basis,
deobligate funds, suspend performance, terminate this Contract, or invoke other remedies in the event monitoring reveals
material deficiencies in Subrecipient's performance or if Subrecipient fails to correct any deficiency within a reasonable
period of time.
SECTION 25. LEGAL AUTHORITY
A. Subrecipient represents that it possesses the practical ability and the legal authority to enter into this Contract, receive
and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to
perform under this Contract.
B. The person
signing
this
Contract
on behalf of Subrecipient hereby warrants
that he/she
has
been
authorized by
Subrecipient
to execute
this
Contract on
behalf of Subrecipient and to bind Subrecipient to
all terms herein
set
forth.
C. Department shall have the right to suspend or terminate this Contract if there is a dispute as to the legal authority of
either Subrecipient or the person signing this Contract to enter into this Contract or to render performances hereunder.
Should such suspension or termination occur, subrecipient is liable to Department for any money it has received for
performance of the provisions of this Contract.
Page 10 of 16
SECTION 26. 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 weatherization program. Subrecipient shall fully cooperate with Department's efforts
to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of
any identified instances of waste, fraud, or abuse.
C. Department will notify the funding source upon identification of possible instances of waste, fraud, and abuse or other
serious deficiencies.
D, Subrecipient
may not discriminate against
any employee
or other person who reports a violation of the terms of this
Contract or
of any law or regulation to
Department or
to any appropriate law enforcement authority, if the report is
made in good
faith.
SECTION 27. HB 1196 CERTIFICATION
Subrecipient /Local Operator certifies that it, or a branch, division, or department of Subrecipient /Local Operator 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 / Local Operator, or a
branch, division, or department of Subrecipient / Local Operator is convicted of a violation under 8 U.S.C. Section 1324a,
Subrecipient / Local Operator shall repay the public subsidy with interest, at a rate of 5% per annum, not later than the
120th day after the date TDHCA notifies Subrecipient / Local Operator of the violation.
SECTION 28. SB 608 CERTIFICATION
Under Section 2261.053, Texas Government Code, Subrecipient ! Local Operator certifies that it is not ineligible to
receive this contract and acknowledges that this contract may be terminated and payment withheld if this certification is
inaccurate.
SECTION 29. CONFLICT OF INTEREST/NEPOTISM
A. Subrecipient represents that neither it nor any member of its governing body presently has any interest or shall acquire
any interest in, directly or indirectly, which would conflict with the performance of this Contract and that no person
having such interest shall be employed by Subrecipient or appointed as a member of Subrecipient's governing body.
B. Subrecipient shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom
they have family, business or other ties.
C. Subrecipient agrees that it will comply with TEX. GOV'T CODE ANN.
Chapter
573 by ensuring that
no officer,
employee, or member of the governing body of Subrecipient shall vote for
or confirm
the employment of
any person
related within the second degree by affinity or third degree by consanguinity
to any
member of the governing
no or
to any officer or employee authorized to employ or supervise such person. This
prohibition shall not
prohibit the
continued employment of a person who has been continuously employed for
a period
of two years prior to
the election
or appointment of the officer, employee, or governing body member related to such person
in the prohibited degree.
Page 1 I of 16
SECTION 30. POLITICAL ACTIVITY AND LOBBYING PROHIBITED
A. None of the funds provided under this Contract shall
be used for influencing
the outcome of any
election, or the
passage or defeat of any legislative measure. This
prohibition shall not be
construed to prevent
any official or
employee of Subrecipient from furnishing to any member of its governing body
upon request, or to any
other local or
state official or employee or to any citizen information
in the hands of the employee
or official not
considered under
law to be confidential information. Any action taken
against an employee or
official for supplying
such information
shall subject the person initiating the action to immediate dismissal
from employment.
B. No funds provided under this Contract may be used directly or indirectly to hire employees or in any other way fund or
support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas,
or the government of the United States,
C. If any funds
other than federally appropriated funds have been paid
or will be paid to any person for
influencing or
attempting to
influence an officer or employee of any agency, a
member of Congress, an officer or
employee of
Congress, or
an employee of a Member of Congress in connection
with this Contract, Subrecipient shall
complete and
submit a Certification
Regarding Lobbying form in accordance with
its instructions. No state funds may
be given to
persons who are
required to register under TX GOWT CODE ANN. 305.
D. None of
the funds provided under this
Conhact shall be paid to any official
or employee who violates any of the
provisions
of this section.
SECTION 31. REQUIREMENT TO POST NOTICE OF WHISTLEBLOWER RIGHTS AND REMEDIES
Any employer receiving funds under this Contract shall post notice of the rights and remedies of%rded whistleblowers
under Section 1553 of the American Recovery and Reinvestment Act of 2009.
SECTION 32. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground(s) of race, color, religion, sex, national origin, age, disability, political affiliation or belies
be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied
employment in the administration of or in connection with any program or activity funded in whole or in part with funds
made available under this Contract.
SECTION 33. JOB POSTINGS ON WORHINTEXAS.COM
Subrecipient must post all of their Contract -related job opportunities on the Workintexas.com website.
SECTION 34. SPECIAL COMPLIANCE PROVISIONS
Subrecipient shall comply with the requirements of all applicable laws and regulations, including those specified in 10
C.F.R. Part 600.
SECTION 35. TRAINING AND TECHNICAL ASSISTANCE FUNDS
A. Training and technical assistance funds shall be used for State sponsored, DOE sponsored, and other relevant
workshops and conferences provided the agenda includes topics directly related to administering WAP in accordance
with the Texas Administrative Code: 10 TAC 35.532. For Training and Technical Assistance other than State or DOE
sponsored Subrecipient must receive prior written approval from the Department.
B. Allowable travel costs under this Contract shall be determined in accordance with OMB Circulars A-122 or A-87, as
applicable, any Department Issuance on travel, and tivith Subrecipient's written travel policy. 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. Prior to incurring any costs for travel, subrecipient must provide Department with a
copy of its travel policy and evidence that such policy has been approved by Subrecipient's governing body. If
Subrecipient has no established written travel policy, the travel regulations applicable to Department employees shall
apply.
C. Department may, from time to time, provide funds in this category that are for the sole purpose of purchasing
designated weatherization equipment.
Page 12 of 16
SECTION 36. MAINTENANCE OF EFFORT
Funds provided
to Subrecipient
under this Contract may not be substituted for
funds or resources from any other
source,
or may they in
any way serve
to reduce the funds or resources, which would
have been available to or provided
through
Subrecipient, had
this Contract never been executed.
SECTION 37. DEBARRED AND SUSPENDED PARTIES
(1) Subrecipient must not make
any award (subgrant or
contract) to
any parry which is debarred or suspended or is
otherwise excluded from or
ineligible for participation
in Federal
assistance programs under Executive Order 12549,
"Debarment and Suspension and
45 CFR Part 76."
(2) Subrecipient certifies that neither it or its principles is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(3)
Where
Subrecipient
is
unable to certify to any of the statements in this certification, such prospective participant shall
attach
an explanation
to
this Contract.
(4) Subrecipient
shall
include
in any subcontracts that
failure
to adequately perform under this Contract may result in
penalties up to
and
including
Debarment from performing
additional
work for the Department.
SECTION 38. NO WAIVER
No right or remedy given to Department by this Contract shall preclude the existence of any other right or remedy, nor
shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure
of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to
exercise that or any other right or remedy at a later time.
SECTION 39. PRIOR ORAL AND WRITTEN AGREEMENTS
All prior
oral or written agreements between
the parties
hereto relating
to the subject matter of this Contract have been
reduced to
writing and are contained herein.
SECTION 40. LEGAL USE OF FUNDS CERTIFICATION
Subrecipient
hereby certifies,
as
a condition to receiving funds from the Department under this Contract, that the funds
will be used
in accordance with
state
and federal laws.
SECTION 41. COMMENCEMENT OF ACTIVITY
Prior to the commencement of any home related weatherization expenditures, Subrecipients must attend the September,
2009 Weatherization 101 training conducted by the Department.
SECTION 42. SEVERABILITY
If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain
valid and binding.
Page 13 of 16
SIGNED this .0 day of October, 2U09
Po01 1, City of, Deliat men t of Housing
By: Joc Cor�oaa
TEXAS DEPARTMENT OF ROUSING AND COMMUNITY AFFAIRS
By: \-(ichael Gerber
This Contract is not effective unless signed by the Executive Director of the Department or their authorized designee.
Page 14 of 16
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000 105 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.402)
ATTACHMENT A -BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: Fort �i�orth; C iiy ot; Department of Housing_
DEPARTMENT FINANCIAL OBLIGATIONS
S 2.ti35,2 �?A)0 ARRA FUNDS CURRENTLY AVAILABLE
$ 59,461,00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
S 2.035,23' .00 TOTAL ANTICIPATED ARRA FUNDS
S 59A61,00 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 t
CATEGORIES
FUNDS
2Administration�
131,?62.Administration
3 Liability! Pollution Occurrence Insurance
S 1 1,999.00
Fiscal Audit
S 1,000.00
lvlamials Program Support; Labor
$ 1.992,3?7.00
4 Health and Safety
$ 498,094.00
SUB -TOTAL
S 2.63>,232,00
s '1 raining and Technical Assistance
S 59A61,00
TOTAL
S 2,694,693.00
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA will
make any adjustments to the budget categories. The only categories that can be reduced are the Administration,
Insurance, Fiscal Audit and/or in the Health and Safety categories. Subrecipients are limited to two (2) requested
budget revisions during the current contract term. Only those written request(s) from the subrecipients received at least
120 days prior to the end of the contract term (by April 30, 2011) will be reviewed. TDHCA may decline to review
written requests received during the final 90 days of the contract term.
z Denotes maximum for administration based on 5.0(1% of the total allowable expenditures excluding travel for training.
3 Denotes $4,000 for liability insurance and the remaining balance for pollution occurrence insurance.
4 Denotes the maximum allowed for Health and Safety expenditures.
5 Department approved training /travel only.
Page 15 of 16
PERFORMANCE
Sub recipient's services area consists of Lite following Texas counties:
Mom.\:7_@YY
Sub recipient's services area consists of the following Texas cities:
ARLINGTON, AZLE, BENBROOK, CROWLEY, FORT WORTH, HURST, KELLER,
MANSFILED, WHITE SETTLEMENT, EULESS
Sub recipient shall provide weatherization program services sufficient to expend the contract funds during the contract
term. ARRA costs per unit, excluding health and safety expenses, shall not exceed $6,500.00 without prior written
approval from Housing and Economic Development Department.
By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. This
Contract shall be binding upon the parties hereto and their respective successors and assigns.
Effective Date of Budget: 09/O1/2009
City of Fort Worth, Housing and Economic Development Department
By: Joe Cordova
TEXAS DEPARTMENT OF HOUSING AND COMMUNIT AFFAIRS
BY: Michael Gerber
Michael Gerber, Executive Director
AS TO FORM AND LEGALITY;
Vicki S. Ganske
SENIOR ASSISTANT CITY ATTORNEY
APPROVED FOR THE FORT WORTH CITY MANAGER'S OFFICE
BY:
,C T.M. Higgins
ASSISTANT CITY
Marty Hendrix U
CITY SECRETARY
(
' a3sCi �
CONTRACT AUTHORIZATION
Page 16 of 16
T�aOA. M0 1% �
OFFIt�IAL IZEC��p
CITY 5E��ETARY
FT. IV ORTFI, TX
A W�
i
SEC' 15 2009
E:Nt HUT A0010 I Af�CE
AVTHORIZATION
I, i.M, Higgins, hereby authorize the following people to attest on my behalf expressly for the
purpose of executing the annual electronic contract with the Texas Department of Housing and
Community Affairs$
• Cordova, Jae
• Folden, Mark
® Gardner, Brock
• Maryol, David
Authorized this !sue day af.�l�lFry14rE'R . 2009.
T,M HJggins �%�
Assistant Clty Manager
CITY MANAGER'S OFFICE
TMe CITY OP FOItT WDRTII A IOOQ THROCKMpRTON STRI!RT • FOnT WpnTu� Tttx�,1 76(QZ
017.992•ti111 • rAX 017o392.5134 tt
�J lhinleJ an ncrcled papa