HomeMy WebLinkAboutContract 40820 (2)CITY SECRETAW
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACTNO 169 0 V
CONTRACT NUMBER. 16090000664 FOR THE —
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
SECTION 1. PARTIES TO CONTRACT
This contract (hereinafter "Contract")
is made by and between the
Texas Department of Housing
and Community
Affairs,
an agency of the State of Texas
(hereinafter the "Subrecipient"). The
and Performance Document (hereinafter
(hereinafter the "Department")
term of this Contract shall be
the "Attachment A"),
and Foil Worth, City of,
for the period identified under
Depaimient of
Attachment A —
Housing
Budget
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September Oi, 2009 through August 31, 20] 1
(hereinafter the "Contract Term"),
SECTION 3. DESIGNATED CONTRACTOR CONTACTS
Subrecipient shall
designate, in �«iting,
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 SubrecipiCut '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. Funding of the full contract is contingent upon federal release
and adequate contractor performance on 1 st half award of this contract and 10 TAC Chapter 5 Subchapter I.
C. Deparhnent is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in 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 hvelve months from the date weatherization of the dwelling unit is scheduled to be
completed;
O
IAL RC:(NORn
CITY RtCR�TARY
FORT WORTH, TX
Page 1 of 29
09-2"I-10
PU1�32
0�-22-10
IN
P02:4£3 IN
(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);
(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 Deparnnent
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 Deparnnent;
(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 Deparhnent'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 Deparhnent reserves the right to evaluate the performance and expenditures on this contract and transfer funds at
the sole discretion of the Deparhnent. 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) nohvithstanding, Department reserves the right to use a cost reimbursement method of payment for all
funds if (1) Department determines that Subrecipient has maintained excess cash balances; (2) Deparhnent identifies
any deficiency in the cash controls or financial management system maintained by Subrecipient; (3) Department
detennines 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 progn'am 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 ]aw 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 governments are set forth in
OMB Circular
No. 87, and
for
non -profits in OMB Circular No. 122. Uniform administrative requirements for
local
governments are
set forth in OMB
Circular No. 102 and for non -profits in OMB Circular No. 110,
Page 2 of 29
SECTION 8. PREVAILING WAGES AND RATES PAID TO SUBRECIPIENTS 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 W 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 perfonnance 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. TERNIINATION AND SUSPENSION
A. Department may terminate this Contract, in whole or in part, at any time Deparhnent determines that there is cause for
termination. Cause for termination includes but is not limited to Subrecipient's failure to comply with any term of this
Contract, the Texas Administrative Code: 10 TAC §5.17 (Sanctions and Contract Close Out), any state Nveatherization
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 Deparhnent 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 notwithstanding, Subrecipient shall not be relieved of any
liability for damages due to Department by virtue of any prior or future breach of this Contract by Subrecipient.
Department may withhold any payment otherwise due to Subrecipient until such time as the exact amount of damages
owed to Department by Subrecipient is determined and paid.
SECTION 11. ALLOWABLE ENPENDITURES
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;
Page 3 of 29
(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 carriers. 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 15.
F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units
under the direction of qualified supervisors.
Page 4 of 29
SECTION 12. USE OF AMERICAN IRON, STEEL, AND 1VIANUFACTURED 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:
(1) completed
Application
for Weatherization Sen�ices 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) B11TR to include certification of final inspection;
(5) invoices of materials purchased and/or inventory removal sheets;
(6) invoices of labor;
(7) 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;
(10) Signed and dated Building Assessment form;
(11) Attic Inspection (local design allowed);
(12) Wall Inspection (local design allowed);
(13) Justification for Omission of Priorities (local design allowed), if applicable;
(14) Documentation of pre weatherization carbon monoxide readings for all combustible appliances.;
(15) Documentation of post tveatherization 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);
Page 5 of 29
(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 docmnentation 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 weatheiization measures.
SECTION 14. REPORTING REQUIREA4ENTS
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 tern
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 teen an inventory of
all vehicles, tools, and equipment with a unit acquison cost of $55000.00 or more and a use 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 inay 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 otherwise due or requested
by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received
by Department. If the delinquent report or response is not received within forty-five (45) days of its due date,
Department may suspend or terminate this Contract. If Subrecipient receives 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 tern.
Page 6 of 29
SECTION 15. ASSISTANCE IN PREPARING REPORTS ON USE OF 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 infrastructure 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 terns 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 pennission 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 29
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 ensuing 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
waiver.
whether
Under
a waiver will be granted,
no circumstances will a waiver
the conditions for the waiver,
be granted for longer than six
and the maximum time allotted for the
months. Failure to strictly adhere to this
policy will
result
in disallowed costs.
SECTION 20. 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:
(I) 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,
years beginning on or before
and
no later than nine (9) months after
June 30, 1998, the audit shall be
the end of the audit period. However, for fiscal
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(AA 11
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 29
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 sernices through an open,
competitive
process at least once
every our 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 21. 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 Deparhnent may transfer the title of equipment to a third parry
named by the Deparhnent. 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 Deparhnent will issue disposition instructions after receipt of final im�entory.
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 \�VAP 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.
Page 9 of 29
under Section ]0, 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 government, Subrecipient shall provide Department with certificates of insurance
evidencing Subrecipient's current and effective insurance coverage. Subrecipient agrees to notify the Department
immediately upon receipt of notification of the termination, cancellation, expiration, or modification of any insurance
coverage or required policy endorsements. Subrecipient agrees to suspend the performance of all work performed under
this Contract until Subrecipient satisfies the coverage requirements and obtains the policy endorsements, and has delivered
to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective,
and has been notified by Department that such performance of the work under this Contract may recommence.
Subrecipients must also require all 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 CLAID4S
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 AUTHORITI'
A. Subrecipient represents that it possesses the practical ability and the legal authority to enter into this Contract, receive
anA 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 ] 0 of 29
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 WAY 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 deparhnent 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 pennanent 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 TEl. GOV'T CODE ANN.
Chapter
573 by ensuring that
no officer,
employee, or member of the governing
body of Subrecipient shall vote for
or confirm
the employment of
any person
related Within the second degree by affinity or third degree by consanguinity
to any
member of the governing body or
to any officer or employee authorized
to employ or supervise such person. This
prohibition shall not
prohibit the
continued employment of a person who
has been continuously employed for
a period
of two years prior to
the election
or appointment of the officer, employee, or governing
body member related to such person in the prohibited degree.
Page 11 of 29
SECTION 30. POLITICAL ACIVI I I 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 Contract shall be paid to any
official or employee who violates any of the
provisions
of this section.
SECTION 3I. REQUIREMENT TO POST NOTICE OF �'1'HISTLEBLO�i'ER RIGHTS AND REMEDIES
Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistleblowers
under Section 1553 of the American Recovery and Reim'estinent Act of 2009.
SECTION 32. NON-DISCRIMINATION AND EQUAL OPPORTUNITP
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 �i'ORKINTEXAS.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 95.532. 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 A47, as
applicable, any Department Issuance on travel, and with 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
fr
designated weatherization equipment.
Page 12 of 29
SECTION au MAINTENANCE OF EFFORT
Funds provided
to Subrecipient
under this Contract may not be substituted for
funds or resources from any other source,
nor may they in
any way serve
to reduce the funds or resources, which would
have been available to or provided through
Subrecipient, had
this 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
"Debarment and Suspension and
ineligible for participation
45 CFR Part 76."
in Federal
assistance programs under Executive Order 12549,
(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 �i'RITTEN 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 29
TE? AS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 1
SECTION I. PARTIES TO CONTRACT
The Texas Deparhnent of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and Fort Worth, City of, Department of Housing (hereinafter the "Subrecipient") do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
16090000664 ("Contract").
SECTION 2. CONTRACT TERM4
The period
for
performance of
this contract, unless earlier terminated, is September 01, 2009 through
Aus*ust �1, 2011
(hereinafter
the "Contract
Term").
SECTION 3.
The Contract is amended by deleting the current Attachment A —Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Atnendment.
SECTION 4. AGREEM4ENT
The parties hereto agree that
all other terms
of the Contract shall remain in effect as therein set forth and
shall continue to
govern except to the extent
that said terms
conflict with the terms of this amendment. In the event any
conflict in terms
exists, this amendment shall
control, unless it
can not be read consistently with the entirety of the contract
or is made void
by operation of law. Each
capitalized term
not expressly defined herein shall have the meaning given to
such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
Page 14 of 29
TEA AS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 2
ATTACHMENT A -BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: Fort RTorth, City of, Department of Housing
DEPARTAENT FINANCIAL OBLIGATIONS
$ 7,50 i,189.00 ARRA FUNDS CURRENTLY AVAILABLE
S 123,805.00 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
S 7,501,189,00 TOTAL ANTICIPATED ARRA FUNDS
S 123,805.00 TOTAL ANTICIPATED TRAINING &TECHNICAL ASSISTANCEFUNDS
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
DEPARTMENT SHARE
'- Administration
S 375,059.00
3 Liability 1 Pollution Occurrence Insurance
S 32A63.00
Fiscal Audit
$ 2,000.00
Materials / Program Support i Labor
S 5,673,334.00
4 Health and Safety
S 1,4183333.00
SUB -TOTAL
S 7,501 , 189.00
5 Training and Technical Assistance
S 123,805.00
TOTAL
S 7,624,994.00
Page 15 of 29
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 tern. Only those written request(s) from the subrecipients received at
least 120 days prior to the end of the contract term (by April 30, 2611) 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 j.00% of the total allowable expenditures excluding travel for training.
Administration for 2nd 50% of funds will be held until receipt of DOE approval of State requirements detailed
in Weatherization Program Notice 10-5.
3
Denotes $4,000 for liability insurance and the remaining balance for pollution occurrence insurance.
a
F
Denotes the maximum allowed for Health and Safety expenditures.
Department approved training /travel only.
PERFORMANCE
Subrecipient's sen�ice area consists of the following Texas counties:
TARRANT
Subrecipient's service area consists of the following Texas cities:
FORT WORTH
subrecipient shall provide weatherization program services sufficient to expend the contract funds during the contract
tern. ARRA costs per unit, excluding health and safety expenses, shall not exceed $6,500.00 without prior written
4
approval from the Department.
By signing this
Contract the parties
expressly
understand and agree to
the terns 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�0412009
Page 16 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81s042)
AMENDMENT NUMBER: i
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs,
the "Department") and Fort Worth, City of, Department
and agree to amend the contract by and between the
l 6090000664 ("Contract" .
)
SECTION 2. CONTRACT TERM
part
a public and official agency of the State of Texas (hereinafter
of Housing (hereinafter the "Subrecipient") do hereby contract
ies identified on Department records as Contract Number
The period for performance of this contract, unless earlier terminated, is September 01, 20(19 through :�ua*ust 31. 201 ]
(hereinafter the "Contract Term"),
SECTION 3.
The Contract is amended by adding Attachment B — DAMS BACON ACT; adding Attachment C — SECTION 43.
HISTORIC PRESERVATION, and Revising SECTION 13. RECORD KEEPING REQUIREMENTS to add item
"G Subrecipients must provide Program applications, forms and educational materials in English, Spanish and any other
appropriate language." as identified in its entitrety in Attachment D -- SECTION 13, RECORD KEEPING
REQUIREMENTS as attached to this Amendment.
SECTION 4. AGREEMENT
The parties hereto agree that
all other terms
of the Contract shall remain in effect as therein set forth and
shall continue to
govern except to the extent
that said terms
conflict with the terms of this amendment. In the event any
conflict in terms
exists, this amendment shall
control, unless it
can not be read consistently with the entirety of the contract
or is made void
by operation of law. Each
capitalized term
not expressly defined herein shall have the meaning given to
such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort Worth, City of, Department of Housing
By: Joe Cordova
Date Signed: July 29, 2010
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: �4ichael Gerber
Date Signed: July 30, 2010
Page ] 7 of 29
oFF�c��►�. RECORD
CITY RECRETARY
FORT WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AA4ENDMENT NUMBER: 1
ATTACHMENT B -DAMS BACON ACT
SUBRECIPIENT NAME: Fort 1��orth, City of, Department of Housing
Prescription:
Include for ARRA
Awards xxfien WAGE RATE
REQUIREMENTS
UNDER SECTION 1606 OF THE
AMERICAN
RECOVERY AND
REINVESTMENT ACT ("RECOVERY
ACT") Clauses are
required.
CLAUSE XX. DAMS BACON ACT REQUIREMENTS
A. Definitions. For purposes of this Clause, Clause XX', Contract Work Hours and Safety Standards Act, and Clause XX,
Recipient Functions, the following definitions are applicable:
(1) Aioard means the Award by the DeparUnent of Energy (DOE) to a Recipient that includes a requirement to
comply with the labor standards Clauses and wage rate requirement of the Davis -Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act.
(2) "Constructioty, alteration or repair"
means all types of work done by laborers and mechanics
employed
by the
Subrecipient, construction contractor
or construction subcontractor on a particular building or
work at
the site
thereof, including without limitation —
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off -site;
(b) Painting and decorating; or
(c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or xvork.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and
sernices for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall
include subcontracts and lower -tier subcontracts under the Contract.
(4)
COYIh•aCt1)tg Officer means the DOE official authorized
to execute awards on
behalf of DOE and xvho is
responsible for the business
management and non -program aspects
of the financial assistance
process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include
subcontractors and lower -tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant
directly from the Federal Government. The tern includes the State that receives an Award from DOE and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terns and conditions of the program and Award.
(7) "Site of7hework" --
(a) Means--
(i) The physical place or places where the construction called for in the Axx�ard, Subaxvard, or Contract will
remain xvhen work on it is completed; and
Any other site where a significant portion of the building or work is constructed, provided that such site
is established specifically for the performance of the project;
(b) Except
as provided
in paragraph
(c)
of
this definition, the site
of
the work includes any fabrication plants,
mobile
factories, batch
plants, borrow
pits,
job
headquarters, tool yards,
etc.,
provided—
(1) They are dedicated exclusively, or nearly so, to performance of the project; and
Page 18 of 29
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or
(7)(a)(ii) of this definition; and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without
regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants,
borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a
supplier of materials for the project before opening of bids and not on the project site as defined in
paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or
Contract.
(8) Strbaivar•d means
an award of financial assistance in the
form of money, or
property in lieu of money, made under
an award by a
Recipient to an eligible Subrecipient or
by a Subrecipient
to a lower -tier subrecipient. The tern
includes financial
assistance when provided by any legal
agreement, even if
the agreement is called a contract, but
does not include
the Recipient's procurement of goods
and services to carry
out the program nor does it include
any form of assistance which is excluded from the definition of "Award" above.
(9) Subrecrpient means a non -Federal entity that expends Federal
awards received
from
a pass -through entity
[Recipient] to carry out a Federal program, but does not include
an individual that
is
a beneficiary of such a
program. The term includes a Community Action Agency (CAA), local agency,
or other entity to which a
Subaward under the Award is made by a Recipient that includes a
requirement to comply
with the labor standards
clauses and wage rate requirements of the DBA work performed
by all laborers
and
mechanics employed by
contractors and subcontractors on projects funded by or assisted in
whole or in part
by
and through the Federal
Government pursuant of the Recovery Act,
B. Davis Bacorr Act
(1) (a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and
mechanics.
(i) Applicable to recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify
the Contracting Officer of the site of the work in order for the appropriate wage determination to be
obtained by the Contracting Officer from the Secretary of Labor.
(ii) If the Subaward or Contract is or has been
issued without a wage
determination,
the Recipient shall notify
the Contracting Officer immediately of the site
of the work under
the Subaward or
Contract in order for the
appropriate wage determination to be obtained by
the Contracting Officer
from the Secretary
of Labor.
(b) Contributions
made or costs
reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
DBA on behalf
of laborers or mechanics are considered wages paid to such laborers
and mechanics, subject to
the provisions
of paragraph
13(4) below; also, regular contributions made or costs
incurred for more than a
weekly period
(but not less
often than quarterly) under plans, funds, or programs
which cover the particular
weekly period,
are deemed to be
constructively made or incurred during such period.
(c) Such laborers
and
mechanics shall be
paid not less than the appropriate wage rate and
fringe benefits in the wage
determination
for
the classification of
work actually performed,
without regard to skill,
except as
provided in the
paragraph entitled
Apprentices and
Trainees. Laborers or
mechanics performing
work in
more than one
classification
may
be compensated at
the rate specified for
each classification for
the time
actually worked
therein; provided
that the employer's
payroll records accurately
set forth the time spent
in each
classification in
which work is
performed.
Page 19 of 29
(d) The wage
determination
(including any additional classifications and wage rates
conformed under paragraph
B(2) of this
Clause) and
the Davis -Bacon poster (WII-1321) shall be posted at all times by the Subrecipient and
Contractor at
the site of the
work in a prominent and accessible place where it can be easily seen
by the workers.
(2) (a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Subaward or Contract shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an additional classification and wage rate
ad fringe benefits therefore only when all the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage
determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The
proposed
wage
rate,
including any bona fide fringe benefits, bear a reasonable .relationship to the wage
rates
contained
in the
wage
determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the
classification (if known), or their representatives agree on the classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient
shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification
and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
(c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed
in the classification, or their representatives, do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or
B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award,
Subaward, or Contract from the first day on which work is performed in the classification.
(3) Whenever
mechanics
the minimum wage rate
includes a fringe benefit
prescribed in the Award, Subaward, or
which is not expressed as an hourly
Contract for a class of laborers or
rate, the Subrecipient and Contractor
shall either
pay the benefit as stated
in the wage determination or shall pay
another bona fide fringe benefit or an
hourly cash
equivalent thereof.
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or
Contractor inay consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor
has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the
Davis -Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
Page 20 of 29
C. Rates of Images
(1) The minimum wages to be paid laborers and mechanics under the Subaward or Com act involved in
performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the contract
work in the pertinent locality, are included as an attachment to the Award, Subaward, or Contract.
(2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the
Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage detennination to be obtained by the Contracting Officer from the Secretary of Labor.
D. Payrolls and Basic Records
(1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor
during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address, and social security number of
each such worker his or her correct classification, hourly rates of wages paid( including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described section
l(b)(2)(B) of the Davis -Bacon Act), daily ad weekly number of hours worked, deductions made, and actual
wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled
David -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon
Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(2) (a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all
payrolls to the Subrecipient. The Subrecipient
shall submit weekly for each week in which any Subaward or
Contract work is performed a copy of all payrolls
to the Recipient. The Recipient shall submit weekly for each
week in which any Subaward or Contract work
is performed a copy of all payrolls to the Contracting Officer.
The payrolls submitted shall set out accurately
and completely all of the information required to be maintained
under paragraph D(I) of this Clause, except that
the full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the
payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four
digits of the employee's social security number). The required
weekly payroll information may be submitted in
any form desired. Optional Form WH-347 is available for this
purpose from the Wage and Hour Division Web
site at httpahvwiv.dol. oviesahvhdifol'mshvh347instr.htm or its
successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls
and basic records as required by paragraph D, Pa}Tolls and Basic Records, of this Clause. The Subrecipient is
responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic
records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors
shall maintain the full social security number and current address of each covered worker, and shall provide
them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of
the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage
requirements. The Recipient shall also obtain and provide the full social security number and current address of
each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social
security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer.
(c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient,
Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed
under the Subaward or Contract and shall certify —
Page 21 of 29
(i) That the payroll for the payroll period contains the infonnation required to be maintained under paragraph
D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(1) of this
Clause, and that such infonnation is connect and complete;
(ii) That each laborer or
mechanic (including
each helper, apprentice, and
tainee) employed on the Subaward
or Contract during the
payroll period has
been paid the full weekly
wages earned, without rebate, either
directly or indirectly,
and that no deductions
have been made either
directly or indirectly from the full
wages earned, other that
permissible deductions
as set forth in the Regulations, 29
CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the Subaward or Contract.
(d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
D(2)(c) of this Clause.
(e) The falsification of any of the certifications in Paralrraph D, Pa}aolls and Basic Records, of this Clause may
subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 3729 of Title 31 of the United States Code.
(3) The Recipient, Subrecipeint, or Contractor shall make the records required under paragraph D(1) of this Clause
available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the
Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting
Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Recipient, Subrecipient, or Contractor frails to submit the
require records or to make them available, the Contracting Officer may after written notice to the Recipient,
Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
E. if'ithholdingaffiurds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other
contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to
Davis -Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the
Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by
the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
Page 22 of 29
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or
Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full
amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased or the Government may cause the suspension of any further payment
under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally
assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or
Contractor.
F. Apprentices and Trainees
(1) Apprentices.
(a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when
they are employed—
(i) Pursuant to and individually registered in a bona fide apprenticeship prol,Ram registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training,
Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the
OATELS; or
(ii) In the
first 90 days of probationary
employment as
an apprentice
in such an apprenticeship program, even
though
not individually registered in
the program,
if certified by
the OATELS or a State Apprenticeship
Agency
(where appropriate) to be eligible
for probationary
employment as
an apprentice.
(b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered
program.
(c) Any worker
listed on a payroll at an apprentice wage rate, who is not
registered or
otherwise
employed as stated
in paragraph
F(1) of this Clause, shall be paid not less than the applicable
wage determination for the
classification
of work actually performed. In addition, any apprentice
performing work on the
job site in excess
of the ratio
permitted under the registered program shall be paid not
less than the
applicable
wage rate on the
wage determination
for the work actually performed.
(d) Where a Subrecipient or Contractor is
performing construction on
a project in a locality other than in which its
program is registered, the ratios and
wage rates (expressed in
percentages of the
journeyman's hourly rate)
specified in the Subrecipient's or Contractor's registered program
shall be observed.
Every apprentice must be
paid at not less than the rate specified
in the registered program
for the apprentice's
level of progress, expressed
as a percentage of the journeyman hourly rate
specified in the applicable wage determination.
(e) Apprentices shall
be paid fringe benefits in accordance with the provisions of
the apprenticeship program.
If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe
benefits listed on
the wage determination for the applicable classification. If
the Administrator determines
that a
different practice
prevails for the applicable apprentice classification, fringes
shall be paid in accordance
with
that determination.
(e) Apprentices shall
be paid fringe benefits in accordance with the provisions of
the apprenticeship
program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe
benefits listed on
the wage determination for the applicable classification. If
the Administrator
determines that a
different practice
prevails for the applicable apprentice classification, fringes
shall be paid in
accordance with
that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an
apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
Page 23 of 29
(2) Trainees
(a) Except as
provided in 29 CFR 5.16, trainees will not be
permitted to work at
less than
the predetennined rate for
the work
performed unless they are employed pursuant
to and individually
registered
in a program which has
received prior approval, evidenced by formal certification
by (OATELS). The
ratio of
trainees to journeymen on
the job site
shall not be greater than permitted under the plan approved by OATELS.
(b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage
detennination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall
be paid not less than the applicable wage rate in the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate in the wage determination 4 for the work
actually performed.
(c) In the event OATELs withdraws approval of a training program, the Subrecipient or Contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work perfonned until an
acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
G. Compliance with Copeland Act Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the Award, Subaward or Contract.
H. Subarvards and Conn•acls
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled
"Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient
shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements
contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a completed
Standard Fonn (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract for construction
within the United States, including the Subrecipient's and Contractor's signed and dated acknowledgment that
this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the
Contracting Officer or at
http:i/contacts.Rsa.cov/ivebforms.nsf70%70B4872D l6EE95A735256 A.26004F7EAS/Sfile/sf] 413_e pdi:
Within
14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the
Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgmrent, for each Contract and lower -
tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and
lower- tier subcontracts. SF1413 is available from the Contracting Officer or at
http://contacts.esa.Lrov /evebforms.nsfl0/70B4872D l6EE95A7S5256A26004F7EAS/Sfile.'sfl4l 3_e.pdf.
The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1413.
/ I. Contract Termination - -Debarment
Page 24 of 29
A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a
Contractor or subcontractor as provided in 29 CFR 5.12.
J. Compliance with Davis -Bacon and Related Act Regulations
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby
incorporated by reference in the Award, Subaward or Contract.
K. Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts
5, 6, and
7 procedures for resoh�ing
disputes
concerning labor standards requirements. Such disputes shall be resolved
in accordance
with those
procedures and shall
not be subject to any other dispute provision that may be contained in
within the meaning of the Clause include disputes between the Recipient,
the Award,
Subrecipient
Subaward, and
(including any
Contract.
Contractor)
Disputes
and the
Department of Energy, the U.S. Department of Labor, or the employees or their representatives.
L. Certification ofEligibiliry
(1) By entering
into this Award, Subaward,
or Contract (as
applicable), the Recipient, Subrecipient, or Contractor,
respectively
certifies that neither it (nor
he or she) nor any person or firm who has an interest in the Recipient,
Subrecipient,
or Contractor's firm, is a
person, entity, or
firm ineligible to be awarded Government contracts or
Government
awards by virtue of section 3(a)
of the Davis -Bacon
Act or 29 CFR 5.12(a)(1).
(2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of
a Government contract or Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
M. Approval of If'age Rates
All straight time wage rates, and overtive rates based thereon, for laborers and mechanics engaged in work under an
Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a
respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding
classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award,
Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the
Recipient or Subrecipient If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor
is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.
CLAUSE RRX, Contract Rork Hours and Safety Standards Act
This Clause
entitled "Contract
Work Hours
and Safety Standards Act
(CWHSSA)"
shall apply to any Subaward or
Contract in an
amount in excess
of S10Q,000.
As used in this CWHSSA
Clause, the
terms laborers ad mechanics include
;ratchmen and
guards.
A. Overtime
requirements. No Subrecipient or
Contractor contracting for
any part
of the Subaward work which may
require or
involve the employment of laborers
or mechanics shall require
or permit
any such laborer or mechanic in any
workweek
in which he or she is employed
on such work to work in
excess of
forty hours in such workweek such
laborer or
mechanic receives compensation at
a rate not less than one and
one-half
times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
Page 25 of 29
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the Clause set forth in
paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In
addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a
SubaNvard or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section.
C. «rithholding for unpaid wages and liquidated damages.
The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative
of the Department of Labor
withhold or cause to be withheld, from any moneys
payable
on account of work
performed by the Recipient
on this or
any other Federal Award or Federal contract
with the same Recipient on
any other federally assisted
Award or
contract subject to the CWHSSA, which is
held by
the same Recipient
such sums as may be determined to be
necessary to satisfy any liabilities of such Recipient
for unpaid wages ad
liquidated damages as provided
in the clause
set forth in CWHSSA, paragraph B of this Clause.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting
Officer or an
authorized representative of the Department of Labor, withhold or cause from any moneys
payable
on
account of
work performed by the Subrecipient or Contractor on this or any other federally assisted
subaward
or contract
subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums
as may
be
determined
to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid
wages
and
liquidated
damages as provided in clause set forth in CWHSSA, paragraph B of this Clause.
Page 26 of 29
TESAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AMENDMENT NUMBER: 1
ATTACHMENT C -HISTORIC PRESERVATION
SUBRECIPIENT NAME: Fort ���orth, City of Department of Housin�
SECTION 43. 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 16 U.S.C. 470 the National Historic Preservation Act (NHPA). The Department has
provided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the
Department website.
Page 27 of 29
TERAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AMENDMENT NUMBER: 1
ATTACHMENT D -SECTION 13. RECORD KEEPING REQUIREMENTS
SUBRECIPIENT NAME: Fa t l�rorth, City of; Department of Housing
SECTION 13. RECORD KEEPING REQUIREMENTS
G. Subrecipients must provide program applications, forms and eductional materials in English, Spanish and any other
appropriate language.
Page 28 of 29
TEXAS DEPARTMENT OF HOUSING AND CODIMUNITY AFFAIRS
( CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AMENDMENT NUMBER: 2
SECTION I. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and Fort Worth, City of, Department of Housing (hereinafter the "Subrecipient") do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
16090000664 ("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September Ol, 2009 through August 31, 2011
(hereinafter the "Contract Term"),
SECTION 3.
The Contract is amended by deleting the current Attachment A —Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment. Attachment A - Budget and Performance Document is being amended to include the 2nd year disbursement.
SECTION 4. AGREEMENT
The parties hereto agree that
all other terms
of the Contract shall remain in effect as therein set forth and
shall continue to
govern except to the extent
that said terms
conflict with the terms of this amendment. In the event any
conflict in terms
exists, this amendment shall
control, unless it
can not be read consistently with the entirety of the contract
or is made void
by operation of law. Each
capitalized term
not expressly defined herein shall have the meaning given to
such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort ��Torth, City of, Department of Housing
Date Signed:
Page 29 of 29
�FFICIA� �FCaR%
CITE �EC�FTARI(
F )RT WORTH. TX
PERFORMANCE: Contract number 16090000664
Sub recipient's services area consists of the following Texas counties:
Sub recipient's services area consists of the following Texas cities:
FORT WORTH
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: 09/04/2009
City of Fort Worth, Housing and Economic Development Department
By:
TEXAS DEPARTMENT OF HOUSING AND COMMUNIT AFFAIRS
BY:
APPR VED AS TO FORM D LEGALITY;
• c a (t
Vicki S. Ganske
SENIOR ASSISTANT CITY ATTORNEY
APPROVED FOR THE FORT WORTH CITY MANAGER'S OFFICE
I:)•ii
T.M. Higgins G
ASSISTANT CITY MANGER
Marty Hendrix
CITY SECRETARY
C-a35
CONTRACT AUTHORIZATION
Date
JFFICIAL R1=CORD
CITY SECRETARY
FORT WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AMENDMENT NUMBER: l
ATTACHMENT B -DAMS BACON ACT
SUBRECIPIENT NAME: Pott ��orth, City ot; Department of Housing
Prescription:
Include for
ARRA Awards when WAGE RATE
REQUIREMENTS
UNDER SECTION 1606 OF THE
AMERICAN
RECOVERY
AND REINVESTMENT ACT ("RECOVERY
ACT") Clauses are
required.
CLAUSE XX. DAMS BACON ACT REQUIREMENTS
A. Definitions. For purposes of this Clause, Clause XX, Contract Work Hours and Safety Standards Act, and Clause XX,
Recipient Functions, the following definitions are applicable:
(1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to
comply with the labor standards Clauses and wage rate requirement of the Davis -Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act.
(2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the
Subrecipient, construction contractor or construction subcontractor on a particular building or work at the site
thereof, including without limitation —
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off -site;
(b) Painting and decorating; or
(c) Manufacturing or famishing of materials, articles, supplies, or equipment on the site of the building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and
services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall
include subcontracts and lower -tier subcontracts under the Contract.
(4)
Contracting Ojffl*cer means the DOE official authorized
to execute awards on
behalf of DOE and who is
responsible for the business
management and non -program aspects
of the financial assistance
process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include
subcontractors and lower -tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant
directly from the Federal Govemment. The term includes the State that receives an Award from DOE and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(7) "Site of the wort" --
(a) Means--
(i) The physical place or places where the construction called for in the Award, Subaward, or Contract will
remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is constructed, provided that such site
is established specifically for the performance of the project;
(b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants,
mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—
(1) They are dedicated exclusively, or nearly so, to performance of the project; and
Page 18 of 29
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or
(7)(a)(ii) of this definition; and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without
regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants,
borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a
supplier of materials for the project before opening of bids and not on the project site as defined in
paragraphs (7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or
Contract.
(8) S:rba�vard means an award of financial assistance in the form of money, or property in lieu of money, made under
an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term
includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but
does not include the Recipient's procurement of goods and services to carry out the program nor does it include
any form of assistance which is excluded from the definition of "Award" above.
(9) Subrecipient
means a non -Federal entity that expends Federal
awards received from a pass -through entity
[Recipient)
to carry out a Federal program, but does not include
an individual that is
a beneficiary of such a
program.
The term includes a Community Action Agency (CAA), local agency, or
other entity to which a
Subaward under the Award is made by a Recipient that includes a
requirement to comply
with the labor standards
clauses and
wage rate requirements of the DBA work performed
by all laborers and
mechanics employed by
contractors
and subcontractors on projects funded by or assisted in
whole or in part by
and through the Federal
Government
pursuant of the Recovery Act.
B. Davis Bacon Act
(1) (a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and
mechanics.
(i) Applicable to recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify
the Contracting Officer of the site of the work in order for the appropriate wage determination to be
obtained by the Contracting Officer from the Secretary of Labor.
(ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify
the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
(b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I(b)(2) of the
DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to
the provisions of paragraph 15(4) below; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such period.
(c) Such laborers and
mechanics shall be
paid not less than the appropriate wage rate and
fringe benefits in the wage
determination for
the classification of
work actually performed,
without regard to skill,
except as
provided in the
paragraph entitled
Apprentices and
Trainees. Laborers or
mechanics performing
work in
more than one
classification may
be compensated at
the rate specified for
each classification for
the time
actually worked
therein; provided
that the employer's
payroll records accurately
set forth the time spent
in each
classification in
which work is performed.
Page 19 of 29
(d) The wage determination (including any additional classifications and wage rates conformed under paragraph
B(2) of this Clause) and the Davis -Bacon poster (WH4321) shall be posted at all times by the Subrecipient and
Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(2) (a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Subaward or Contract shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an additional classification and wage rate
ad fringe benefits therefore only when all the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage
determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The
proposed
wage
rate,
including any bona fide fringe benefits, bear a reasonable relationship to the wage
rates
contained
in the
wage
determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the
classification (if known), or their representatives agree on the classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient
shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification
and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an
authorized
representative will
approve,
modify, or disapprove every additional
classification action within
30 days of receipt and so
advise the
Contracting Officer or will notify the
Contracting Officer within the
30-day period
that additional time is
necessary.
(c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed
in the classification, or their representatives, do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(d) The wage
rate (including fringe benefits,
where appropriate) determined pursuant to subparagraphs
B(2)(b) or
B(2)(c) of
this Clause shall be paid to
all workers performing work in the classification under
the Award,
Subaward, or
Contract from the first day on which
work is performed in the classification.
(3) Whenever
the minimum wage rate
prescribed in the Award, Subaward, or
Contract for a class of laborers or
mechanics
includes a fringe benefit
which is not expressed as an hourly
rate, the Subrecipient and Contractor
shall either
pay the benefit as stated
in the wage determination or shall pay
another bona fide fringe benefit or an
hourly cash
equivalent thereof.
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or
Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor
has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the
Davis -Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
Page 20 of 29
C. Rates of Wages
(I) The minimum wages
to be paid
laborers and mechanics under the
Subaward or
Contract involved in
performance of work
at the project
site, as determined by the Secretary
of Labor to
be prevailing for the
corresponding classes
of laborers and
mechanics employed on projects of
a character
similar to the contract
work in the pertinent locality, are included
as an attachment to the Award, Subaward,
or Contract.
(2) If the Subaward or Contract has been
issued without a wage
determination,
the Recipient shall notify the
Contracting Officer immediately of the
site of the work under
the Subaward
or Contract in order for the
appropriate wage determination to be obtained
by the Contracting Officer from the Secretary
of Labor.
D. Payrolls and Basic Records
(I) Payrolls and basic records relating thereto shall be maintained by the
Recipient, Subrecipient and Contractor
during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name,
address, and social security number of
each such worker his or her correct classification, hourly rates of wages
paid( including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described section
1(b)(2)(B) of the Davis -Bacon Act), daily ad weekly number of hours
worked, deductions made, and actual
wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled
David -Bacon Act, that the wages of any laborer or mechanic include
the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in
section I(b)(2)(B) of the Davis -Bacon
Act, the Subrecipient or Contractor shall maintain records which show
that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. The Subrecipient
or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(2) (a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all
payrolls to the Subrecipient. The Subrecipient
shall submit weekly for each week in which any Subaward or
Contract work is performed a copy of all payrolls
to the Recipient. The Recipient shall submit weekly for each
week in which any Subaward or Contract work
is performed a copy of all payrolls to the Contracting Officer.
The payrolls submitted shall set out accurately
and completely all of the information required to be maintained
under paragraph D(1) of this Clause, except that
the full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the
payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four
digits of the employee's social security number). The required
weekly payroll information may be submitted in
any form desired. Optional Form WH-347 is available for this
purpose from the Wage and Hour Division Web
site at http:�%xiAvw.dol.eov%esahvhdzfoims/wli347instr.htm or its
successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls
and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is
responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic
records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors
shall maintain the full social security number and current address of each covered worker, and shall provide
them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of
the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage
requirements. The Recipient shall also obtain and provide the full social security number and current address of
each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social
security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer.
(c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient,
Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed
under the Subaward or Contract and shall certify —
Page 21 of 29
(i) That the payroll for the payroll
period contains the information required to be maintained under paragraph
D(2)(a) of this Clause, the appropriate
information is
being maintained under paragraph
D(1) of this
Clause, and that such information is
correct and
complete;
(ii) That each laborer or mechanic
(including
each helper, apprentice, and trainee) employed on
the Subaward
or Contract during the payroll period has
been paid the
full weekly wages earned, without
rebate, either
directly or indirectly, and that
no deductions
have been
made either directly or indirectly
from the full
wages earned, other that permissible
deductions
as set forth in the
Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the Subaward or Contract.
(d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
D(2)(c) of this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may
subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 3729 of Title 31 of the United States Code.
(3) The Recipient, Subrecipeint, or Contractor shall make the records required under paragraph D(1) of this Clause
available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the
Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting
Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Recipient, Subrecipient, or Contractor frails to submit the
require records or to make them available, the Contracting Officer may after written notice to the Recipient,
Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
E. Withholding of funds
(I) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other
contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to
Davis -Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the
Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by
the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
Page 22 of 29
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or
Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full
amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased or the Government may cause the suspension of any further payment
under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally
assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or
Contractor.
F. Appreirfices and Trainees
(I) Apprentices.
(a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when
they are employed—
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training,
Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the
OATELS; or
(ii) In the
first 90 days of probationary
employment as
an apprentice
in such an apprenticeship program, even
though
not individually registered in
the program,
if certified by
the OATELS or a State Apprenticeship
Agency
(where appropriate) to be eligible
for probationary
employment as
an apprentice.
(b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered
program.
(c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
in paragraph F(I) of this Clause, shall be paid not less than the applicable wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
(d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Subrecipient's or Contractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
(e) Apprentices shall
be paid fringe benefits in accordance with the provisions of
the apprenticeship
program.
If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of
fringe
benefits listed on
the wage determination for the applicable classification. If
the Administrator
determines
that a
different practice
prevails for the applicable apprentice classification, fringes
shall be paid in
accordance
with
that determination.
(e) Apprentices shall
be paid fringe benefits in accordance with the provisions of
the apprenticeship
program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe
benefits listed on
the wage determination for the applicable classification. If
the Administrator
determines that a
different practice
prevails for the applicable apprentice classification, fringes
shall be paid in
accordance with
that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an
apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
Page 23 of 29
(2) Trainees
(a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by OATELS.
(b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall
be paid not less than the applicable wage rate in the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate in the wage determination for the work
actually performed.
(c) In the event OATELs withdraws approval of a training program, the Subrecipient or Contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(3) Equal
employment
opportunity. The utilization
of apprentices, trainees, and journeymen under this Clause shall
be in
conformity
with the equal employment
opportunity requirements of Executive Order 11246, as amended,
and 29
CFR Part 30.
G. Compliance with Copeland Act Requirements
The Recipient,
Subrecipient
or Contractor shall comply
with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the
Award, Subaward or Contract.
H. Subawards arrd Contracts
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled
"Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient
shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements
contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a completed
Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract for construction
within the United States, including the Subrecipient's and Contractor's signed and dated acknowledgment that
this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the
Contracting Officer or at
http://contacts.asa.goviwebforms.nsf'0%70B4872D16EE95A785256A26004F7EA8/$file/sfl413 e.pdf.
Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the
Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and lower -
tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and
lower- tier subcontracts. SF1413 is available from the Contracting Officer or at
http:L'conuicts.gsa.eov%webfiirns.nsf0/70B4872D16EE.95A78S2?6A26004F7EA8/$file!sfl413 e.ndf.
The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1413.
I. Contract Termination - -Debarment
Page 24 of 29
A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a
Contractor or subcontractor as provided in 29 CFR 5.12.
J. Compliance with Davis -Bacon and Related Act Regulations
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby
incorporated by reference in the Award, Subaward or Contract.
K. Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts
5, 6, and
7 procedures for resolving
disputes
concerning labor standards requirements. Such disputes shall be resolved
in accordance
with those
procedures and shall
not be subject to any other dispute provision that may be contained in
the Award,
Subaward, and
Contract.
Disputes
within the meaning of the Clause include disputes between the Recipient,
Subrecipient
(including any
Contractor)
and the
Department of Energy, the U.S. Department of Labor, or the employees or their representatives.
L. Certification of Eligibility
(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient,
Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or
Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this Award,
Subaward or Contract shall
be subcontracted to any person
or firm ineligible for award of
a Government contract
or Government award by
virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR
5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
M. Approval of {Page Rates
All straight time wage rates, and overtive rates based thereon, for laborers and mechanics engaged in work under an
Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a
respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding
classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award,
Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the
Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor
is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.
CLAUSE XXX. Contract Work Hours and Safety Standards Act
This Clause
entitled "Contract
Work Hours
and Safety Standards Act
(CWHSSA)" shall
apply to any Subaward or
Contract in an
amount in excess
of $100,000.
As used in this CWHSSA
Clause, the terms
laborers ad mechanics include
watchmen and
guards.
A. Overtime
requirements. No Subrecipient or
Contractor contracting for
any part
of the Subaward work which may
require or
involve the employment of laborers
or mechanics shall require
or permit
any such laborer or mechanic in any
workweek
in which he or she is employed
on such work to work in
excess of
forty hours in such workweek such
laborer or
mechanic receives compensation at
a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
Page 25 of 29
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the Clause set forth in
paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In
addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a
Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section.
C. Withholding for unpaid wages and liquidated damages.
(1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on
any other federally assisted Award or contract subject to the CWHSSA, which is held by the same Recipient
such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages ad
liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of
work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract
subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined
to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated
damages as provided in clause set forth in CWHSSA, paragraph B of this Clause.
Page 26 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81 a042)
AMENDMENT NUMBER: l
ATTACHMENT C -HISTORIC PRESERVATION
SUBRECIPIENTNAME: Foif Woreh; City ot; Department of Housing
SECTION 43. 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 16 U.S.C. 470 the National Historic Preservation Act (NHPA). The Department has
provided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the
Department website.
Page 27 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA## 81.042)
AMENDMENT NUMBER: 1
ATTACHMENT D -SECTION 13. RECORD KEEPING REQUIREMENTS
SUBRECIPIENT NAME: Fort \'Forth; City of, Department of Housing
SECTION 13. RECORD KEEPING REQUIREMENTS
G. Subrecipients must provide program applications, forms and eductional materials in English, Spanish and any other
appropriate language,
Page 28 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AMENDMENT NUMBER: 2
SECTION I. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State
the "Department") and Fort North, City of, Department of Housing (hereinafter the "Subrecipient")
and agree to amend the contract by and between the parties identified on Department records
16090000664 ("Contract").
SECTION 2. CONTRACT TERM
of Texas (hereinafter
do hereby contract
as Contract Number
The period for performance of this contract, unless earlier terminated, is September O1. 2009 through August 31, 2011
(hereinafter the "Contract Term"),
SECTION 3.
The Contract is
amended by deleting the current Attachment A — Budget
and Performance Document in it's entirety
and substituting
in lieu thereof the amended Attachment
A — Budget and
Performance Document as attached to this
Amendment. Attachment A - Budget and Performance Document
is being amended to
include the 2nd year disbursement.
SECTION 4. AGREEMENT
The parties hereto agree that
all other terms
of the Contract shall remain in effect as therein set forth and
shall continue to
govern except to the extent
that said terms
conflict with the terms of this amendment. In the event any
conflict in terms
exists, this amendment shall
control, unless it
can not be read consistently with the entirety of the contract
or is made void
by operation of law. Each
capitalized term
not expressly defined herein shall have the meaning given to
such term in the
Contract,
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort ��'orth, City of, Departmenf of Housing
By: Joe Cordova
Date Signed: Jul}' 29, 2010
Page 29 of 29
r Y of Fort Worth, Texas
Mayor and councii communication
COUNCIL ACTION: Approved on 6/16/2009 = Ord. No. 18674-064009
DATE: Tuesday, June 161 2009
LOG NAME: 17ARRAWAP2009
REFERENCE NO.: C-23598
SU13J CT:
Authorize Application for and Acceptance of Weatherization Assistance Program Grant Funds in an
Amount Not to Exceed $13,710,235.00, Authorize Related Contracts with the Texas Department of
Housing and Community Affairs, Authorize Application of Indirect Cost Rates, Authorize an Interrund Loan
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, Weatherization Assistance Program
Grant funds to an amount not to exceed $13,710,235.00 from the Texas Department of Housing and
Community Affairs as part of the American Recovery and Reinvestment Act of 2009;
2. Authorize the City Manager to execute two contracts with TDHCA, as follows:
Existing Sub -recipient Network Pool
$8,026,248.00
Critena-Based Awards for Entities with Populations Exceeding 75,000 $5,6_ 3,987,00
TOTAL $13,710,235.00
3. Authorize the City Manager, or his designee, to amend, extend or renew the contracts in accordance
with City policies and regulations upon mutual agreement with the Texas Department of Housing and
Community Affairs;
4. Apply indirect cost rates as applicable, for the Grants Fund, in accordance with the City's Administrative
Regulations;
5. Authorize a.non-interest bearing intertund loan from the General Fund to the Grants Fund in the amount
of $100,000.00 for interim financing of these grant programs pending contract execution; and
6. Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the
Grants Fund by $13,710,235.00 subJect to receipt of the grants.
DISCU$RIn:
The Texas Department of Housing and Community Affairs (TDHCA} announced the expected distribution
and use of the Weatherization Assistance Program (WAP} which the United States Department of Energy
(DOE) is providing to the State of Texas from the American Recovery and Reinvestment Act of 2009
(ARRA). Texas WAP funding under the ARRA Is available both to existing WAP providers and cities
whose populations exceed 75,000 (based on the 2000 Census) as well as other participants. Both grants
under this program will serve households who qualify by income and earn no more than 200 percent of the
Federal Poverty Income Guidelines as defined by the United States Department of Health and Human
Services.
http://apps.cfwnet.org/ecounciUprinhnc.asp?idm119048cprint=truedcDocType=Print 6/22/2004
Page 2 of 2
The City has operated the WAP for low—income residents since 1982 with grants from the TDHCA . The
City Is eligible to participate in this new program based on both its population and as an existing sub -
recipient. It is applying for both grants In order to maximize weatherization services to home owners.
Weatherization measures include attic insulation, weather-stripping, caulking, window and door repairs
and/or replacement, and other minor repairs. This program allows the expenditure of up to $6,500.00 per
house. Housing and Economic Development Department staff will target 1,500 houses. Contractors will
not be paid until their work is inspected by Housing and Economic Development Department inspectors.
Administrative costs are restricted to five percent of the grants based on the total allowable expenditures
for the WAP.
Interim financing from the General Fund is requested in order to meat the staff costs from the date of
award of grants till the execution of the contracts.
The program is available (n ALL COUNCIL DISTRICTS.
IF SCAL INFORMATIOy !CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the'attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund. Upon execution of the grant contracts, Interim funding will be
returned to the General Fund.
..I If• ITI
Additional Information Contact:
ATTACHMENTS.
1. 17ARReWAP2009 AQdoc (Public)
2. D00001df (CFW intemal)
FROM Fund/AccounUCenters
Thomas Higgins (6140)
Jay Chapa (6192)
Benedict George (7339)
Donald Cager (7313)
1• If11 11
http://apps. cfwnat. org/ecounciUprintmc. asp?ids 1 19048cprintrtrue&DocType�Print
6/22/2009
I
INTEROFFICE MEMO
TO: Joe Cordova, Housing &Economic Development Department
FROM: Allison Tidwell, City Secretary's Office
DATE: July 26, 2010
SUBJECT: GRANT AGREEMENT FOR WEATHERIZATION
PROGRAM
ASSISTANCE
These documents are being forwarded to you for original signatures from the Texas Department of
Housing and Community Affairs. All signed copies of the contract must be returned with original
signatures for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 2 sets
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and Fort Worth. City of, Department of Housing (hereinafter the "Subrecipient") do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
I6090000664 ("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless earlier terminated, is September Ol, 2UQ9 through December 31, 2011
(hereinafter the "Contract Term").
SECTION 3.
The Contract is amended by deleting the current Attachment A —Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment
SECTION 4. AGREEMENT
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to
govern except to the extent that said terms conflict with the terms of this amendment. In the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void
by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort r 'ip+ L llepartm� using
By:
U.5 n/ �} ICE N`t5
Date I / J'
l i4j (,ci.Ga✓vt. (�iC ��it,
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: �SichaeI Gerber•
Date Signed: Tune l 5, 201 1
Page 1 of 3
OFFICIAL RECOI�p
CITY SECRE 1#41%
WORTH, Tx
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER:
ATTACHMENT A -BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: Fort. Worth, City of; Department of Housing
DEPARTMENT FINANCIAL OBLIGATIONS
$ 9,060;803.{)0 ARRA FUNDS CURRENTLY AVAILABLE
$ 64.19 L00 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
9,060,803.00 TOTAL ANTICIPATED ARRA FUNDS
$ 54.19L00 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
DEPARTMENT SHARE
2 Administration
`F 33 7,d25.00
3 Liability / Pollution Occurrence Insurance
$ 0.00
Fiscal Audit
$ 200.00
Materials /Program Support; I..abor
$ 8,408,052.00
4 Health and Safety
$ 3 i 3,726.00
SUB -TOTAL
S 9.060,80 3.00
5 Training and Technical Assistance
S 64,191.00
TOTAL
$ 91124;994.00
Page 2 of 3
TEXAS DEPARTMETN OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA#81.042
APPROVED AS TO FORM AND LEGALITY:
Vicki S. Ganske Date
SENIOR ASSISTANT CITY ATTORNEY
APPROVED FOR THE FORT WORTH CITY MANAGER'S OFFICE
BY:
CITY MANGER
Marty Hendrix
CITY SECRETARY
CONTRACT AUTHORIZATION
Date
Ib
OFFICIAL RECORD
CITY SECRETARY
"I, WORTH, Tx
� Sf�
0
Page 4 of 4
M&C - Council Agenda
Page 1 of 2
City of Fort Worth, Texas
COUNCIL ACTION: Approved on 5/1QI2011 -Ordinance No. 19680-05-2Q11
DATE: Tuesday, May 10, 2011
LOG NAME: 17WAP ARRA CONTRACT AMENDEMENT
REFERENCE NO.: G-17272
SUBJECT:
Authorize Acceptance of an Additional $1,500,000.00 in Grant Funds for the Low Income Weatherization
IF
Program from the Texas Department of Housing and Community Affairs, Authorize Related Contract
Amendment and Adopt Appropriation Ordinance {ALL COUNCIL DISTRICTS}
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept an additional grant of $1,500,000.00 from the Texas Department
of Housing and Community Affairs for the Low Income Weatherization Program;
2. Authorize the City Manager or his designee to execute Amendment No. 1 to City Secretary Contract
No. 40820 with the Texas Department of Housing and Community Affairs to accept the additional grant
funds and extend the term of the contract to February 28, 2012;
3. Authorize the City Manager or his designee to amend, extend or renew necessary contracts or other
related documents in accordance with City policies and applicable state and federal regulations upon
mutual agreement with the Texas Department of Housing and Community Affairs; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $1,500,000.00, subject to receipt of the grant.
DISCUSSION:
The City has operated the Weatherization Assistance Program (WAP) funded by grants from the Texas
Department of Housing and Community Affairs (TDHCA) since 1982. The grant program serves low-
income residents in Tarrant County, primarily the elderly and persons with disabilities, by weatherizing
their houses. Weatherization measures include attic insulation, weather-stripping, caulking, repairs to
doors, windows and other minor repairs. This program allows the expenditure of up to $6,500.00 per
house.
In 2009, the City applied for and was awarded $12,896,008.00 in WAP grant funds from the TDHCA
funded by the American Recovery and Reinvestment Act of 2009 to serve qualified households that earn
no more than 200 percent of the Federal Poverty Income guideless (M&C C-23598). City Secretary
Contract No. 40820 with TDHCA for the grant was scheduled to expire on August 31, 2011. TDHCA
announced that it will amend current contracts with the City to provide additional funding of $1,500,000.00
and extend them through February 28, 2012,
Approximately 220 additional households will be targeted by the Housing and Economic Development
Department {HED} with the additional funding. Contractors will not be paid until their work is inspected by
HED inspectors. Administrative costs are restricted to five percent of the grant based on the total
allowable expenditures for the WAP.
The program is available in ALL COUNCIL DISTRICTS.
http;//apps.cfwnet.org/ecounciUprintme.asp?id=15024&print--true&DocType=Print 5/11/2011
M&C Council Agenda
Page 2 of 2
FISCAL INFORMATION / CERTIFICATION.
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/AccountlCenters
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head,
Additional Information Contact:
FROM
Susan Alanis (8180)
Jay Chapa (5804)
Joe Cordova (7332)
ATTACHMENTS
1. 17WAP ARRA CONTRACT AMENDEMENT A011 Rev.doc (Public)
2. ARRA M&C 2009.pdf (CFW Internal)
3. DOE ARRA Contract # 664.pdf (CFW Internal)
http://apps. cfwnet.org/ecounciUprintmc.asp?id=15 024&print=true&DocType=Print 5/11 /2011
CITY SECRETARY
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO, t'1
CONTRACT NUMBER. 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
SECTION I. PARTIES TO CONTRACT
This contract (hereinafler "Contract") is made by and between the Texas Deparmrent of Housing and Community Affairs,
an agency of the State of Texas (hereinafter the "Department") and Fort Worth, City of, Department of [lousing
(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 01, 2009 through August 3t, 20I1
(hereinafter the "Contract Term").
SECTION 3. DESIGNATED CONTRACTOR CONTACTS
Subrecipient shall designate, in writing, at the time 5ubrecipient executes this Contract, one or more responsible and
qualified individuals as points of contact with the Department to maintain a Row of current information relating to the
receipt, deployment, reporting, management and use of funds received under this Contract.
SECTION4. SUBRECIPIENTPERFORMANCE
Subrecipient shall, on an equitable basis throughout its service arcs, develop and implement a Weatherization Assistance
Program (WAP), in accordance with the budge) described in Attachment A of this Contract. Subrecipient shall develop
and implement the WAY 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
l� 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 I0 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 §5.1"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 OBLIGATTONS
A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse 5ubrecipient
for the actual allowable costs incurred by Subrecipient in the amount specifted in Attachment A of this Contract.
B. Department's obligations undo 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. Funding of the full contract is contingent upon federal release
and adequate contractor performance on I st half award of this contract and 10 TAC Chapter 5 Subchapter I.
C. Department is not liable for any cost incurred by Subrecipient which:
incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined is 10 C.F.R §440.22;
• (2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a Pederal, state, or
local program within twelve months from the date weatherization of the dwelling unit is scheduled to be
+ completed;
OFFICIAL RECORD Pagel of29
a7-zz-1 o Poe: a s i N
CITY .SECRETARY
FORT WORTH, TX 09- 21-1 0 P01 :32 IN
(3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided for in 10
C.P.R. §440,18(c)(2);
' (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 andior 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 Depamnent;
(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 estabtishmeot, aquarium, zoo, golf course, or swimming pool.
D. Subrecipient shall refund, within fifteen (1S) 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 dme performance and expenditures on this contract and transfer funds at
the sole discretion of the Department. Underperformance under this coatract 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 is Travis Couary,
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 ]invited 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) notwithstanding, Department reserves the right to use a cost reimbursement method of payment for all
funds if (1) Department determines that Subrecipient has maintained excess cash balances; (2) Deparmrent identities
any deficiency in the crib controls or fmancia) 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 is trust for the exclusive benefit of the eligfble 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. § 5.14E
et seq. {the "Uniform Crrant Management Standards'; all references therein to "local government" shelf be construed to
mean Subrecipient. Uniform cost principles for local governments are set forth in OMB Circular No. 87, and for
non -profits in OMB Circular No. 122. Uniform administrative requirements for local governments are set forth in OMB
Circular No. 102 and for noo-profits in OMB Circular No. 110.
Page 2 of 29
SECTION 8. PREVAILING WAGES AND RATES PAID TO SUBRECIPIENTS 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
Nonc 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, is whole or in part, at any time Department dctamines That there is cause far
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
suspatd Subrecipient's performance under this Contract if Departrnent identifies possible instances of fraud, abuse,
waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. Suspension shill be a
temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this
Contract.
i`� C. Dcpartment shall not be liable far any costs incurred by Subrecipieat after termination or during the suspension of this
Contract The termination or suspension of this Contract notwithstanding, 5ubrecipient 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 11. ALLOWABLE EXPENDTI'URES
A. The allowaty 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
H. 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 DOB 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 wee;bcrizsGon 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 drat will result in approved energy savings with SIR
of one or greater in accordance with 10 C.F.R. §440.19;
Page 3 of 29
(3)
weatherivrtion materials and labor for heating and cooling system tune ups, repairs, modification, or replacements
if such wilt result in improved energy etiiciency as demonstrated by SIR of one or better in the approved Stato 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 ofweatherizationwotk;
(5)
maintenahce, operation, and insurance of vehicles used to transport weatberizalioa materials;
(ti)
maintenance of tools and equipment
(7)
purchase ar 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 materiels, tools, and equipment;
(]0)
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 arc
necessary to make the installation of the weatherization measures of%dive, the cost of incidentaE rcpau 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 STR of one (1} or greater on the approved State of Texas Energy
Audit.);
(i 1) 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. Tbese changes will require a contract action; therefore, Subreeipient
must provide written notification to the Department at least 90 days prior to the end of the Contract term before
those funds can be moved.
C. Administrative costs incurred by Subreeipient 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
1 supplies which are necessary_ for the administration of WAP. Administative costs are earned based upon the allowable
�� percentage of total allowable expenditures, excluding the allowance for Department !DOE Treining Travel or special
equipment purchases. Subrecipieat 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 � wHl 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 weatlteriration grogram 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 ]east three (3) +����++ce carries. If subrccipicnt 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 genera) 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, secwe 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 {51,000.00) shall be allowed
ands Attachment A, subject to Section 15.
F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units
undo the direction of qualified supervisors.
Page 4 of 29
SECTION 12 USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
Contractor shall nest 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, $ubreciplent shall maintain a
file containing the following information:
(1) complGed Application for Weadteri7ation Services indicating the ages of the residents, presence in tits 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 ulifities or consumption disclosure release fomr;
(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 weatberized 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) B WR to include certification of.final inspection;
(5) invoices of materials purchased andlor inventory removal sheets;
(6) invoices of labor,
(7) if a rental unit, landlord agreement form (including Exhibits A and B), landlord financial parhicipation form and
Permission to Conduct Eacrgy Audit Form (Departrnent 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;
(10} Signed and dated Building Assessment form;
(t I) Attic Inspection (local design allowed);
(12} Wall Inspection (local design allowed);
(13) Justification for Omission of Priorities (local design aliowtd}, if applicable;
(14) Documrxttation of pro weathetization carboy monoxide readings for all combustible appliances.;
{I5) Documentation of post wcathetvation carbon monoxide readings for all combustible appliances.
(16) Blower Door Data Sheet;
(17) Copy of the coves sheet, SIR page, and Suggested Repairs and Measures page for fire approved State of Texas
Energy Audtt;
(18) A complete approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (uatesa
using computer based audit);
Page 5 of 29
(19) Signed client receipt of Lead Safe information (for homes built in 1978 or prior); and
(20) Refrigerator replacement form (ifapplicablc).
C. Materials standards documentation for wcadrerization materials purchased under this Contract must be maintained.
These standards must meet the requirements according to Appendix A of l0 CFR 440.
D. Subrecipient shell give the federal and state funding agencies, the Comptroller General of rite 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 hoc been made and all other pending matters are closed.
Subrecipient shall include the requirements of this Subsection in nll subcontracts.
E. All WAP records maintained by Subrecipient, except records made confidential by law, shall be available for
inspection by the public during Subrccipicnt's norrnal business hours to ttte 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 weadteiizatioa mea.cures.
SECTION l4. 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 reposing 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
fast 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 ao later
Than sixty (60)
days after the end of the Contract term
of this Contract a final expenditure and
programmatic report.
The faihue 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 lban sixty (ti0) days after the end of the Contract term an inventory of
all vehicles, tools, and equipment with a unit acquisition cost of 55,000.00 or more and a useful life of more than one
`'�-_ year, if purchased in whole or in pas with funds received under this or previous weatherization assistance program
contracts. The inventory shall reflect the vehicles, tools, aad equipment on hand as of the last day of the Contract term.
D. $ubrecipieat shalt submit other reports, data, and information on the performance of this Contract as may be required
by DOE pursuant to 10 C.P.R. §490.25, or by Department
E. If Subrecipieat fails to submit, in a timely and satisfactory manner, any report or response required by this Contract,
including responses to monitoring reports, Department may withho]d any and all payments otherwise due or requested
by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received
by Department. If the delinquent report or response is not received within forty-five (45} days of its due date,
Department may suspend or terminate this Contract. If Subrecipient receives 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 29
- SECTION I5. ASSISTANCE IN PREPARING REPORTS ON USE OF FUNDS
� Subreeipient shall track all funds under this Contract and their projected statuses separately from all other funds, and shall
J� 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 infrastructue investments, the purpose, total cost, and rationale of the agency for funding the infrastructure
investment with funds made available under this Contact, end the name of the person tm contact, and contact
information, if tltere ere concerns with the infrastructure investment;
C. The names and total compensation of the Eve most highty 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,ODO 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 l3(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 [2b 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 taw or regulation and subrccipient 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 Contact 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 terns of this Contract.
SECTION 18. INDEPENDENTSUBRECIPIENT
]t is agreed that Department is contracting with Subrccipieat as an independent contractor. Subrecipient agrees to
indemnify Department against any disallowed costs or other claims, which may be asserted by any thud parry in
connection with the services to be performed by Subrecipient under this Contract.
SECTION 19. PROCUREMENT STANDARDS &SUBCONTRACTS
A. Subrecipient shall develop and implement procurem�t procedures, which conform to the uniform admimistrativo
requiremrnis refezenced in Section 6 of this Contract. Subrecipiwt shall not procuro supplies, equipment, materials, or
services for this Contract except in accordance with its procurement proccdwes aixi the Texas Administrative Code:
10 TAC §S.1D-§5.12 and §5.608. All procurement contracts, other than "small purchasd' shall be in writing and shall
contain the required provisions. Subrecipient must obtain advance written permission from DOE through Department
before purchasing any vehicle. Subrvcipient shall include language im any subcontract that provides the Department
the ability to diratly review, monitor, and/or audit the operational and financial performance and/or records of work
perforated under this Contract.
B. In addition
Department
websitc.
to
following any
applicable
state
or Local
procurement
laws, Subrecipient shall
timely
provide the
with
an electonic
version of
any
notice of
procurement
opportunity for posting
on the
Department's
Page ? of 29
the maximum extent possible, subcontracts ftrnded 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 rho
sole
responsibility of Subrecipient's
authorized wealherization
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 20. 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:
(]) Subrecipients expending 5500,000 or more is 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 OMI3 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) Subrexipient 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 Deparnrrcnt 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 SubrecipicnL
(3) Subreciplent 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, 1998s 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. Subreeipient 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.
(4j The audit report must include verification of all expenditures by budget category, in accordance with the final
Montlily Expenditure Report submitted to close out the contract year.
S, Subsection A notwithstanding, Subrecipients expending less than $500,000 is Federal financial assistance may arrange
for the performance of an annual financial statement audit Such audit should include verification as required in
�1fi(A)(4)•
C. Subsection A notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of
funds received and performances rendered under this Contract 5ubrecipient agrees to permit Department or its
authorized representative to audit Subrecipirnt'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 finds received under this Contract Subrecipient further understands and agrees That
reimbursement to Department of such disallowed costs shnU be paid by Subrecipitnt from funds which were not
provided or otherwise made available to Subrecipient under this Contract
E. Subrecipient shell lake such actioa io facilitate the performance of such audit or audits conducted pursuant to this
section as Department may require of Subrecipicat.
1
F. Subrecipient shall procure audit services through an open, competitive process at. least once every four years. The
auditor shall retaht working papers and reports for a minimum of three years after We 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 fmdings, or to carry out oversight responsibilities consistrnt
with the purposes of this part. Access to working papers includes the right to obtain copies of working papers, as is
reasonable and necessary.
SECT[ON 21. 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
wcatherization assistance program Contracts, are not assets of either the subrecipirnt or the"Department but azc held in
trust for the Weatherization Assistance Program and as such are assets of the Weatherisation Assistance Program. Any
equipment, tools, or vehicles having a useful life of more than one yeaz 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 shay not use, transfer, or dispose of any property
acquired in whole or in part with funds provided under this or a previous weatheriwtion assistance program contract
except in accordance with its own property management system.
C. Upon termination or non -renewal of this connect, the Department may transfer the title of equipment to a third party
named by the Department. Such a transfer shall be subjeef 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 fmal 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 as acquisirion cost of Five Thousand
Dollars (i5,000.00) or more.
E. In addition to the inventory of vehicles, tools, and equipment required under Section 14, 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 differrnccs between quantities determined by the inventory and those shown in the property records shall be
investigated by Subrecipirnt to determine We cause of the difference.
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 aot a nail of local government, Subrecipient shall provide Department with certificates of tacnrar+ce
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. LIITGATION 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 Subrccipient 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 perforriance of this Contract. Department will advise
Subrecipicat in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to
Subrecipient and may require changes in Subrecipicnt's accounting, personnel, procurement, and management procedures
is 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,
dcobligate funds, suspend performance, terminate this Contract, or invoke other remedies in the event monitoring .reveals
material deficiencies in Subrecipieat's performance or if Subrecipient fails to correct any deficiency within a reasonable
period of time.
SECTION 25. LEGAL AUTHORITY
A. Subrocipient 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 Subreeipirnt hereby warrants that he/she has been authorized by
Subrecipient to execute this Contract on behalf of Subrecipient and to hind Subrecipirnt to all terms herein set forib.
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, subrecipicnt is liable to Department for any money it has received for
performance of the provisions of this Contract.
Page i 0 of 29
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. Subreeipient'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 weatheriration program. Subrecipient shall fully cooperate with Department's efforts
to detect, investigate, and prevent waste, fraud, and abuse. Subrecipfent 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 '
1
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
IgeCCu[ale.
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 ibe 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. Subteeipient 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
Choy have family, busutess 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 shell vote for or wafirm the employment of any person
related within the second degree by afimity ar third degree by consanguinity to any member of the governing body or
to any officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the
continued employment of a person who has been continuously employed for a period of two years prior to the election
or appointment of the officer, employee, or governing body member related to such person in the prohibited degree.
Page 1 I of 29
h SECTION 30. POLITICAL ACTMTY AND LOBBYING PROHIBTfED
A. None of the fiords 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 undo this Contract may be used directly or inducctly 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 GOV'T CODE ANN. 305,
D. None of the funds provided under this Contract shalt 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 REII�DIES
Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistleblowcrs
under Section 1553 of the American Recovery and Reiuvesiment 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, disabitiry, political affiliation or belies
be excluded from participation in, be denied the benefits of, be subjected to discrimiaatioa under, or be denied
1 employment in the administration of or to connection with any program or activity funded in whole or in part with funds
made available under this Contract.
SECTION 33, JOB POSTINGS ON WORKINTEXAS.COM
Subrecipient must post all of their Contract -related job opportunities on the Workintexas.com website.
SECTION 34. SPECIAL COMPLIANCE PROVISIONS
Subrectptent shall comply with the requirements of all applicable laws and regulations, including those specified in 10
C.F.R. Part 600.
SECTION 35. TRAIAIING 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 is accordance
with the Texas Administrative Code: IO TAC §5.532. For Training and Technical Assistance other than State or DOE
sponsored Subrecipient must receive prior written approval from the Department.
B. Allowable travel costs undo this Contract shall be determined in accordance with OMB Circulars A-122 or A-87, as
applicable, any Department Issuance on travel, and with 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
Subrecipfent 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 weatherizarioa equipment
Page 12 of 29
SECTION 36. MAINTENANCE OF EFFORT
Funds provided to Subrecipient under this Contract may not be substituted for funds or resources from any other source,
nor may they in any way serve to reduce the funds or resources, which would have been available to or provided through
�- Subrecipient, had this Contract never been executed.
SECTION 37. DEBARRED AND SUSPENDED PARTIES
(1) Subreeipient must not make any award (subgrant or contract) to any party which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension and 45 CFR Part 76 "
(2) Subreeipient
certifies that neither it
or its principles
is presently
debarred, suspended, proposed for debarment, declazed
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) 5ubrecipient
shall include
in any subcontracts chat
failure
to adequately perform under this Contract may result in
penalties up to
and including
Debarment from performing
additional
work for the Department.
SECTION 3g. 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 fight 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.
SECTION40. LEGAL USE OF FUNDS CERTIFICATION
5ubrecipient 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 federat laws.
SECTION 4t. COMMENCEMENT OF ACTIVITY
Prior to the commencement of any home related weathcrization expenditures, Subrecipienis must attend the September,
2009 Weatherization 101 training conducted by the Department.
ELK �Ta7:[G�9bi'/ �:7:f :l t 1f Yt1 i
If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain
valid and binding.
Page 13 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACTNUMBER 16090000664 FORT14E
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER 1
SECTION 1. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "DepartmenV) and Fort North, City of, Department of Housing (hereinafter the "Subreoipient") do hereby contact
and agree to amend the contract by and between the panics identified on Department records as Contract Number
16090000664 ("Contract').
SECTION 2. CONTRACT TERM
The period for perfomtance of this eonhact, unless earlier terminated, is September 01, 2009 through August 31, 2011
(hereinafter the "Contract Term").
SECTION 3.
The Contract is amended by deleting the current Attacbmegt A —Budget and Performance Document in it's entirety
and substituting m lieuthereof the amended Attachment A — Budget and Performance Document as attached to this
Amendmeot.
yY � ♦ tit lY
The parties hereto agree that ell other terms of the Contract shall remain in effect as there[n set forth and shall continue to
govern except to the extent that said terms conflict with the terms of this amendment In the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety'of the contract or is made void
by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract. .
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Department of Housing and Community Affairs.
SECTION 6.
By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as
if it were set worth word for word therein. 1i»s amendment shall be binding upon the parties hereto and their respective
successors and assigns.
Fage 14of29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FORTHE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# SL042)
AMENDMENT NUMBER: 2
ATTACHMENT A - BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: Fort Worth, City of, Department of Housing
DEPARTMENT FINANCIAL OBLIGATIONS
$ 7,501,189.00 ARRA FUNDS CURRENTLY AVAILABLE
$ 123,90500 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAII.ABLE
$ 7,SO1,189.00 TOTAL ANTICIPATED ARRA FUNDS
$ 123,805.00 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.
CATEGORIES
DEPARTMENT SHARE
2 Administration
$ 375,059400
3 Liability / Pollution Occurrence Insurance
$ 329463.00
Fiscal Audit
$ 29000.00
Materials / Program Support / Labor
S 5,673,334.00
4 Health and Safety
S 1$418033100
SUBTOTAL
S 7,501,139.00
3 Training and Technical Assistance
$ 1239805.00
TOTAL
S 7t624,994.00
Page l5 of 29
FOOTNOTES TO BitDG T FOR AVAILABLE ALLOCATIONS,
m Denotes that the subrecipient must request in writing any adjustment needed to a budget category before TDHCA will
make any adjustments to the budge) categories. The only categories that can be reduced are the Administration
Insurance, Fiscal Audit and/or in the Health and Safety categories. Subrecipicnts are limited to two (2) requested
budget revisions during the current contract tern. Only those written request(s) from the subreciplents received at
least 120 days prior to the end of the contract term (by April 30, 2611) wilt be reviewed. TDHCA may decline to
review written requests received during the final 90 days of the contract term.
Denotes maximum for administration based on 5.00% .of the total allowable expenditures excluding travel for training.
Administration for 2nd 50% of funds will be held until receipt of DOE approval of State requirements detailed
In Weatherization Program Notice W5,
3
Denotes S4,000 for liability insurance and the remaining balance for pollution occurrence insurance.
4
Denotes the maximum allowed for Health and Safety expenditures.
s
Department approved training /travel only.
Subrecipieat's service azea consists of the following Texas counties:
TARRANT
Subrecipient's service area consists of the following Texas cities:
FORT WORTH
5ubreeipient shall provide weatherization program services sufficient to expend the contract funds during the contract
�� term. ARRA costs per unit, excluding health and safety expenses, sh not exceed 56,500.00 without prwritten
approval from the Department. or
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: 09104/2009
Page 16 of 24
i
TEXAS DEPARTMENT OF HOUSING AND COMt4IUNITY AFFAIRS
CONTRACT NUMBER 16090000661 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 1
SECTION 1, PARTIES TO CONTRACT
The Texas Department of Housing and Community Atfih, a public and official agency of the State of Texas (hereinafter
the "Department') and Fort Worth, City of, Department of Housing (hereinafter the `ISubrecipiene) do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
16090000664 eVontracel.
SECTION 2. CONTRACT TERM
The period for performtauco of this contract, unless cattier terminated, is September 01, 2009 through August 31. 2011
(hereinafter the "Contract Term").
SECTION 3.
1 t. I y l 11 11. / I � 11 •I I� I I . I' I I I I � t 1 . I 1� 11 �.. �� I
DatTID-hit'n lan�4tqtac" U identified in its entitrety in Attachment D SECTION 13o RECORD KEEPING�
EQUIREMNTSas attached tothis Amendment,
SECTION 4. AGREEMENT
The patties hereto agree that
all outer teems
of the Contract shall remain is effect as therein act forth and
shall contimte to
govern except to the extent
that said terms
conflict with the Canna of this amendment. In the event say
conflict in temts
exists, this amendment shall
control, unless it can not be read consistently with the entirety of the contract
or is made void
by operation of law. Each
capitalized term
not expressly defined herein shall have the meaning given to
such term in the
Contract.
SECTIONS.
This amendment shall be effective on the date of execution of this amendrrtent by the Executive Director of the Texas
Department o£Housing end Community Atiaita.
EyS�Cs2?`IC�I
Hy signing this amendment, the parties expressly tutderstand and agree that its terms shall become a pars of tha Contract as
if it were set worth wotti for word therein. 'Phis amendment shall be biadieg upon rho parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort Worth, City of, Department of Housing
By; Joe Cordova
Date Signed; Juiy 29, 203 0
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: 1NieltaelGerber /�(�
'\ DateSignod: July30,2010 OFFICIAL RECORD
J CITY SECRETARY
Page 17of29 FORT WORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACTNUMBER 16090000664 FORTHE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 1
ATTACHMENT B - DAMS BACON ACT
SUBRECIPIENT NAME: Fort Worth. City of, Deparanent ofHousing
Prescription;
Include for ARRA
Awards when WAGE RATE
REQUIREMENTS
UNDER SECTION 1606 OF THE
AMERICAN
RECOVERY AND
REINVESTMENT ACT ("RECOVERY
ACT") Clauses are
required.
CLAUSE XX. DAMS BACON ACT REQUIREMENTS
A. Definitions. For purposes of this Clause, Clause XX; Contract Work Hours and Safoty Standards Act, and Clause XX,
Recipient Functions, the following definitions are applicable:
(]} Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to
comply with the labor standards Clauses and wage rate requirement of the Davis•Bacon Act (DBA) for work
performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act.
(2) "Construction, alteration or repair" means ail types of work done by laborers and mechanics employed by the
Subrecipient, construction contractor or construction subwntractor on a pazticular building or work at the site
thereof, including without limitation -
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off -site;
(b) Painting and decorating; or
(c) Manufacturing or famishing of materials, articles, supplies, or equipment on the site of the buildwg or work.
(3) Contract means a written procurement contract executed by a Subrecipicnt for the acquisition of property and
services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall
include subcontracts and lower -tier subcontracts under the Contract.
(4) Contracting Officer means the DOE official authorized
to execute awards on
behalf of DOE and who is
responsible for the business
management end non -program aspects
of the financial assistance
process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include
svbeontractors and lower -tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant
directly from the Fedetal Government. The term includes the State that receives an Awazd from DOE and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(7) "Site ojrhe work' —
(a) Means--
(i) The physical place or places where the construction called for in the Award, Subaward, or Contract will
reai
mn when work on it is completed; and
Any other site where a significant portion of the building or work is constructed, provided that such site
is established specifically for the performance of the project
(b} Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants,
mobile factories, batch pleats, borrow pits, job headquarters, tool yards, etc., provided—
(1) They are dedicated exclusively, or nearly so, to perfotrnance of the project; and
Page 18 of29
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or
(7)(a)(ii) of this definition; and
(c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locutions and continuance in operation are determined wholly without
regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants,
borrow pits, job headquarters, yards, etc„ of a commercial or material supplier which are established by a
supplier of• materials for the project before opening of bids and not on the project site as defined in
paragraphs (n(a)(i) or (7)(a)(if) of this definition, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or
Contract.
(8) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under
an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lowemier subrecipieoL The term
includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but
does not include the Recipient's procurement of goods and services to carry out the program nor does it include
any form of assistance which is excluded from the definition of "Award" above.
(9) Subreeipiext means a non•Federal entity that expends Federal awards received from a pass -through entity
[Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a
program. The term includes a Community Action Agency (CAA), local agency, or other entity to which a
Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards
clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by
contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal
Government pursuant of the Recovery Act,
B. Davis .bacon Art
(1) (a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
i deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Recipient, a Subrecipicnt, or Contractor and such laborers and
mechanics.
(i) Applicable to recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify
the Contracting Officer of the site of the work in order for the appropriate wage determination to be
obtained by the Contracting Officer from the Secretary of Labor.
if the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify
the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
(b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
DBA on behalf of laborers or mechanics arc considered wages paid to such laborers and mechanics, subject to
the provisions of paragraph BM below; also, regular contributions made or costs incurred for more than a
I
eekly 'period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively wade or incurred during such period.
(c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed, without regard to skill, except as providerl in the
paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked
therein; provided that the employer's payroll records accurately set forth the time spent in each classification in
which work is performed.
Page 19 of 29
(d) The wage determination (including any additional classifications and wage rates conformed under paragraph
B(2) of this Clause) and the Davis -Bacon poster (WH-132l) shall be posted at all times by the Subrecipient and
Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(2) (a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Subaward or Contract shall be classified in conformance
with the wage determination. The Contracting Officer shall approve an additional classification and wage rate
ad fringe benefits therefore only when all the following criteria have been met:
(i) The work to be perforated by the classification requested is not performed by a classification in the wage
determination.
(ii) The classification is utilized in the area by the wnstruction industry.
(ill) The
proposed
wage
rate,
including any bona fide fringe benefits, bear a reasonable ,relationship to the wage
rates
contained
in the
wage
determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the
classification (if known), or their representatives agree on the classification and wage rate (including' the amount
designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient
shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification
and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
&mployment Standazds Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Connecting Officer or will notify the
JContracting Officer within the 30-day period that additional time is necessary.
(c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed
in the classification, or their representatives, do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(d) The wage
rate (including fringe bemefits,
where appropriate) determined pursuant to subparagraphs
B(2)(b) or
B(2)(c) of
this Clause shall be paid to
all workers performing work in the classification under
the Award,
Subaward, or Contract from the first day on which work is performed in the classification.
(3j Whenever
the minimum wage rate
prescribed in the Award, Subaward, or
Contract for a class of laborers or
mechanics
includes a fringe benefit
which is not expressed as an hourly
rate, the Subrecipient and Contractor
shall either
pay the benefit as stated
in the wage determination or shall pay
another bona fide fringe benefit or an
hourly cash
equivalent thereof.
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or
Contractor may consider as part of the wages of any lebora or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plea or program; provided that the Seeretary of Labor
has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the
Davis -Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
Page 20 of 29
C. Rates of Wages
f {1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in
performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the contract
work in the pertinent locality, are included as an attachment to the Award, Subaward, or Contract.
(2) If the Subaward or Contract has been issued without a wage dcterminarion, the Recipient shall notify the
Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
D. Payrolls anti Basic Records
(!} Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor
during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address, and social security number of
each such worker his or her correct classification, hourly rates of wages paid( including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described section
l(b)(2)(B) of the Davis -Bacon Act), daily ad weekly number of hours worked, deductions made, and actual
wages paid. Whenever. the Secretary of Labor has found, under paragraph (4) of the provision entitled
David -Bacon Act, that the wages . of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon
Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or, mechanics affected, and records which show the costs anticipated or
the actual cost' incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
2) (a) The Contractor shall submit weekl for each week in which an Contract work is ( y y performed a copy of all
payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or
Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each
week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer.
The payrolls submitted shall set out accurately and completely all of the information required to be maintained
under paragraph D(t) of this Clause, except that the full social security numbers and home addresses shall not be
included on weekly transmittals. instead, the •:.payrolls shall only need to include an individually identifyipg
number for each employee (e.g., the last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form dewed. Optional Form WM47 is available for this
purpose from the Wage and Hour Division Web site at hltR:Nwww dol,goWesa/whd/forms/wh347instr.btm or its
successor site. '
(b) The Recipient is responsible for the ensuring that all Subrecipients' and Contractors submit copies of payrolls
and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The 5ubrecipient is
responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic
records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and .Contractors
shall maintain the full social security number and current address of each covered worker, and shall provide
them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of
the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage
requirements. The Recipient shall also obtain and provide the full social security number and current address of
each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social
security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer.
• � (c) Eac6 payroll submine:d shall be accompanied by a "Statement of Compliance," signed by the Recipient,
Subrecipieat or Contractor or his or her agtnt who pays or supervisq the payment of the persons employed
} under the Subaward or Contract and shall certify
` / Pago 21 of 29
(i) That the payroll for the payroll period contains the information required to be maintained under paragraph
D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(I) of this
Clause, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward
or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other that permissible deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii} That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the Subaward or Contract.
(d) The weekly submission of a property executed certificafion set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission . of the "Statement of Compliance" required by paragraph
D(2)(c) of this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may
subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section ]001 of Title 18
and Section 3729 of Title 31 of the United States Code.
(3) The Recipient, Subrecipeint, or Contractor shall make the records required under paragraph D(I) of this Clause
available for inspection copying, or transcription by the Contracting Officer, authorized representatives of the
Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting
Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Recipient, Subrecipient, or Contractor frails •to submit the
require records or to make them available, the Contracting Officer may after written notice to the Recipient,
Subrecipiemt, or Contractor take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
17 make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
J
E. l�rhholdfrrg offurtds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized
representative of the Department of Iabor, withhold or cause to be withheld from the Recipient or any other
contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to
Davis -Bacon prevailing wage requirements, which is held by.the same Recipient so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of •wages required by the
Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by
the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
Page 22 of 29
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
^ authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or
7 Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and
1 mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full
amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor,
take such action as may be necessary to cause the suspension of any funher payment, advance, or guarantee of
funds until such violations have ceased or the Government may cause the suspension of any further payment
under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally
assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or
Contractor.
F. Apprentices and Trainees
0) Apprentices.
(a) An apprentice will be permitted to work at less than t}te predetermined rate for the work they performed when
they are employed—
(i) Pursuant to and individually registered is a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training,
Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the
OATELS; or
{ii) Iu dre
first 90 days of probationary
employment as
an apprentice
in such an apprenticeship program, even
trough
not individually registered is
the program; 'if
certified by
the OATELS or a State Apprenticeship
Agency
(where appropriate) to be eligible
for probationary
employment as
an apprentice.
(b) The
program.
allowable
ratio of apprentices
to journeymen
on the job
site in
any
craft
classification
shalt
not
be greater
than
the ratio
permitted to the
Subrecipient or
Contractor
as to
the
entire
work force
under
the
registered
(c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
in paragraph F(I) of this Clause, shall be paid not less than the applicable wage determination for the
classification of work actually performed. - In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shalt be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
(d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than in which its
program is registered, the ratios and wage rates (expressed .in percentages of ire journeyman's hourly rate)
specified in the Subrecipient's or Contractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
(e) Apprentices shall
be paid fringe benefits in accordance with the provisions of
the apprenticeship
program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe
benefits listed on
the wage delerminaton for the applicable classification. If
the Administrator
determines that a
different practice
prevails for the applicable apprentice classification, fringes
shall be paid in
accordance with
that determination.
(e} Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program, If the
apprenticeship prognun dots not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination.
(f) In the event
OATELS,
or
a State Apprenticeship Agency
recognized
by OATELS,
withdraws approval
of
an
apprenticeship
program,
the
Subrecipient or Contractor will
no longs
be permitted to
utilize apprentices
at
less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
Page 23 of 29
(2) Trainees
(a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by OATELS.
(b) Every trainee must be paid at not Icss than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination unless the Administrator of the Wage and Flour Division determines that there
is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall
be paid not less than the applicable wage rate in the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate in the wage determination for the work
actually performed.
(c) In the event OATELs withdraws approval of a training program, the Subrecipient or Contractor will no Longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(3) Equal empfoymeot opportunity. The utilisation of apprentices, trainees, and journeymen under this Clause shall
be in conformity with the equal empioymcai opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30,
/� G. Compliance with Copefand Rcr Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the Award, Subaward or Contract.
Ii. Subawards and Contracts
(1) The Recipient, the Subrecipiart and Contractor shall insert in the Subaward or any Contracts this Clause entitled
"Davis Hacon Act Requirements" and such other clauses as rho Contracting Officer may require. Tho Recipient
shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements
contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
(2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a Completed
Standard Form (SF) 14I3, Statement and Acknowledgment, for each 5ubaward and Contract for construction
within the United States, including the Subrecipient's and Contractor's signed and dated acknowledgment that
this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the
Contracting Officer or at
http://contacts.gsa,goy/webforms nsf/0/70H4872Dl6EE95A785256A26004F7EA8lSfile/cfl41 i e.Of.
Within 14 days after issuance of aContract orlower- tier subcontract, the Subrecipient shall deliver to the
Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and lower-
tiersubcontractor's signed and dated acknowledgment that this Clause has beeu included in any Contract and
lower- tier subcontracts. SF1413 is available from the Contracting Officer or at
tp•//contacte esa goy&}•gbforms nsfl0/7OB4872D16FF95A785^56A26004F7EA8/Sfr,le(cn4i3 epf
The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1413.
I. Gordan Terarfxatlox - - Debrraunt
Page 24 of 29
A breach of these provisions may be grounds for termination of the With Subaward, or Contract and for debarment as a
Contractor or subcontractor as provided in 29 CFR 5.12.
_ I Compliance with Davis-Raean and Related Act Regulations
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby
incorporated by reference in the Award, Subaward or Contract.
K. Disputes Concerning Labor Standards
The United States Deparment of Labor has set forth ,ia 29 CFR Parts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall
not be subject to anyother dispute provision that may be contained in the Award, Subaward, and Contract. Disputes
within the meaning of the Clause include disputes between the Recipient, Subrccipicut (including any Contractor) and the
Department of Energy, the U.S. Department of Labor, or the employees or their representatives.
L, Certification of Eligibility
(1} By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient,
Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Goverment contracts or
Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this Award, 5ubaward or Contract shall be subcontracted to any person or firm ineligible for award of
a Govcmmcnt contract or Government award by virtue of sxtion 3(a) of the Davis - Bacon Act or 29 CFR
(3) The penalty for making false statements is prescribcd in the U.S. Criminal Code, 18 U.S.C. 1001.
IN. Approval of Woge Rates •
All straight time wage rates, and overtive rates based thereon, for laborers and mechanics engaged in work under an
Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a
respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding
classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award,
Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the
Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor
is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.
CLAUSE XXX. Contract Work Hours and Safety Standards Act
This Clause
entitled "Coatract Work Hours
and Safety 'Standards Act
(CWHSSA)" •shall apply to any Subaward or
Contract in an amount in excess of SI00,000.
As used in this CWHSSA
Clause, the terms laborers ad mechanics include
watchmen and
guards.
A. Overtime
requirements. No Subrecipient or
Contractor contracting for
any part of the Subaward work which may
require or
involve the employment of laborers
or mechanics shall require
or permit any such labors or mxhanic in any
workweek
in which he or she is employed
on such work to work in
excess of forty hours in such workweek such
laborer or
mechanic receives compensation at
a rate not less than one and one-balf times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
Page 25 of 29
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of Inc Clause set forth in
paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages, In
addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a
Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of S10 for
each calendar day on which such individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section.
C. Withholding for unpaid wages and liquidated damages.
(1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized rcpresentaHve
of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on
any other federally assisted Award or contract subject to the CWHSSA, which is held by the same Recipient
such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages ad
liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause.
(2) The Recipirnt shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause Crom any' moneys payable on account of
work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract
subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined
to be necessary to satisfy any liabilities of such Subreciplent or Contractor for unpaid wages and liquidated
damages as provided in clause set forth in CWHSSA, paragraph B of this Clause.
Page 26 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
r } THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81 a042)
AMENDMENT NUMBER: I
ATTACHMENT C -HISTORIC PRESERVATION
SUBRECH'IENT NAME: Fort 1Vorth, City of, Department ofHousing
SECTION 43. 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 16 U.S.C. 470 the National Historic Preservation Act (NHPA). The Department has
provided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the
Department website.
Page 27 of 24
TEXAS DEPARTMENT OR HOUSING AND COMMUNITY AFFAIRS
i CONTRACTNUMBER 16090000664 FORTHE
1 THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81 A42)
AMENDMENT NUMBER: I
ATTACHMENT D -SECTION 13. RECORD KEEPING REQUIREMENTS
SUBRECIPIEN'I' NAME: Fort North, City of, Department of Housing
SECTION 13. RECORD KEEPING REQUIREMENTS
G. Subrecipients must provido program applications, forms and eductional materials in English, Spanish and any other
appropriate language,
Page 28 of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACTNUMBER 16090000464 FORTHE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81 a042)
AMENDMENT NUMBER: 2
SECTION I. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department') and Fort North, City of, Department of Housing (hereinafter the "Subrecipient") do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
16090000664 ("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this coatract, unless earlier terminated, fs September 01, 2009 through August 31, 2011
(hereinafter the "Contract Tern"),
SECTION 3.
The Contract is amended by deleting the current Attachment A —Budget and Performance Document is it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment. Attachment A - Budget and Performance Document is being amended to include the 2nd year disbursement.
SECTION 4. AGREEMENT
The parties hereto agree that all other terms of the Coatract shalt remain in effect as therein set forth and shall rnatinue to
govern except to the extent that said terms conflict with the terms of this amendment. in the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void
by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas
Deparment of Housing and Communiy Affairs.
SECTION 6.
By signing this amendment, We parties expressly understand and agrce that its terms shall become a part of the Conhact as
if it were set worth word for word therein. This amardment shall be binding upon the parties hereto and their respective
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort North, Ciry oF, Department of Housing
By:
Date Signed:
Page 29 of 29
OFFICIAL R�CORC�
CITY SECRETARY
F )RT WORTH. TX
PERFORMANCE: Contrac# number 16090000664
ti
Sub recipient's services area consists of the following Texas counties:
Sub recipient's services arcs consists of the following Texas cities:
Sub recipient shall provide weatherization program services sufficient to expend the contract fiends during the contract
term. ARRA costs per unit, excluding health and safety expenses, shall not exceed $6,500.00 without prior written
approval from Housing and Economic Development Department.
By signing this Contract the parties expressly understand and agree to the teens set forth ward for word therein. This
Contract shall be binding upon the parties hereto and their respective successors and assigns.
Effective Date of Budget: 09/04/2009
City of Fort Worth, Housing and Economic Development Department
lay:
BY:
APPR �V��(E 1DAS�� TO FO 1 LEGALITY;
SENIOR ASSISTANT CITY ATTORNEY
APPROVED FOR THE FORT WORTH CITY MANAGER'S OFFICE
T.M. Higgins `
ASSISTANT CITY MANGER
Marty Hendrix
CITY SBCRETARY
109
OFFICIAL RECORa
CITY SECRETARY
FORT WORTH, TX
CONTRACTNUMBER 16090000664 FORTHE
THE AMERICAN RECOVERY AND REINVESIMENTI•
AMENDMENT t t'
• ATTACIIMEN'I' B -DAMS BACON ACT
NAME: Fott Worth. City of, Departureut of Housing
Prescription;
Cncluda for ARRA
Awards what' WAGE RATE
REQUIREMENTS
UNDER SECTION 1606 OF THE
AMERICAN
RECOVERY AND
REINVESTMENT ACT ("RECOVERY
ACT") Clauses are
roquinxL
CLAUSE XX. DAVI$ BACON ACT REQUIREMENTS
A. Detiatdona. For purposes of this Clauso, Clauso XX, Contract Worir Hours and Safety Standards Act, and Clause
Recipient Functions, the following definitions am applicable;
(1) Award meson, the Award by the Dcpartmrnt of Energy (I?OE) to a Recipient that includes a requirement to
comply with the labor standards Clauses and wage rate requirement of the Davis -Bacon Act (DBA) - for work
performed by all laborers: and mechanics employed by Subrecipienta, Contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act.
(2) "ConstrucNon,allcratiort or repair" means all types of work done by laborers and mechanics employed by the
Subrecipient, coastnrcdon contractor or eonatrucdon subcontractor on a particular building or work at fire site
thereof, including without Jmutador—
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated offsite;
(b) Painting and decorating; or
(c) Manufacturing or famishing of materials, articles, supplies, or equipment on the site of the building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and
services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall
include subcontracts and lower -tier subcontract& under the Contmet.
(S) Contractor means an entity that enters into a Contract. For purposes of theca Clauses, Contractor shall include
subcontractors cad lower -tier subcontractors.
(� Recipient means say andty other than an individual that recoIvea Recovery Act funds in the form of a grant
directly from the Federal Government. Tho term includes the State Qrat receives an Award from DOE and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(0 "Site ojthe work'
(a) Meana—
(i) The physical ptsco or places where the conabvction ca}led for in tho Award, Subawant, or Contract will
• remain when work at it is completed; sad
(ii) Any other site where a significant portion of the building or work is constructod, provided that such site
is established specit-really for the performance of the project;
(b) Except
as provided
in paragraph
(e) of
this definition, the site
of the work includes any fabrication plants,
mobile
fictoriea, batch
planq, borrow
pib, job
headquarters, tool yards,
etc., provided --
(I) They are dedicated exclusively, or nearly so, to performance of the project; and
Page 18 of 29
(2) Thcy are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or
(7)(a)(ii) of this definition; and
(c) Does not Include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without
regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants,
borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a
supplier of materials for the project before opening of bids and not on the project site as defined in
paragraphs (7)(axi) or (7)(a)(fi) of this definition, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or
Contract.
(8) 5lrbaword means as award of financial asalstenco in the form of money, or property in Lieu of money, made under
an award by a Recipient to an eligible Subrecipfent or by a Subrecipient to a lower-tior subreeipient The term
includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but
does not include the Recipient's procurement of goods and services to carry out the program nor does it include
any form of assistance which is excluded from the definition of "Award"above.
(9) Subrecipient means a non -Federal entity that expends Federal awards received fmm a pass -through entity
[Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a
program. The term includes it Community Action Agency (CAA), local agency, or other entity to which a
Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards
clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by
contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal
Government pursuant of the Recovery Act
B. Davis Bacon Act
(1) (a) All laborers and mechanics employed or working upon the site of time worst will be paid unconditionally and not
/� less often than once a week, and without subsequent deduction ar rebate on any account (except such payroll
1 deductions at are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
l Part 3)), the fall amount of wages and bona fide Singe benefits (or cash equivalents thereof) due at the time of
payment computed at rates not loss than those contained in the wage determination of the Secretary of Labor
which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual rolationghip
which may be alleged to exist between the Recipient, a Subrccipient, or Contractor and such laborers and
mechanics.
C>
(i) Applicable to recipient Only: Prior
to
the issuance of the Subaward
or Contract, the Recipient shall notify
the Contracting Officrx of the site
of
the work in order for the
appropriate wage determination to be
obtained by the Contracting Officer from
the
Secretary of labor.
If the Subaward or Contract is or has been issued without a wage determination, the Recipient snail notify
the Contracting Ofiicer immediately of the site of the work under fire Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
@) Contributions made or coats reasonably anticipated for berms fide fringe benefits under section 1(bx2) of time
DBA on behalf of laborera or mechanics are considered wages paid to such laborera and mechsaica, subject to
the provision of paragraph H(4) below; also, regular contributions wade or costs inourred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such period.
(c) Such laborers and mechanics shall be
paid not leas than the appropriate wage Cato and
fringe benefit: in the wage
determination for the claaaificatioa of
work actually performed,
without regard to skill,
except at
provided in the
paragraph entitled Apprentices and
Trainees. Laborers a
mechanics performing
work in
more than one
classification may be compensated at the rate specified for
each classification for
the time
actually worked
therein; provided that the employer's
payroll records accurately
set forth the time spent in each
classification in
which work is performed.
Page 19 of 29
(d) The wage datamtfuation (including any additional classifications and wage ratan conformed under paragraph
B(2) of this Clause) and, the Devis•Bswn poster (WH4321) shall be posted at all times by the Submcipient and
l Contractor at the site: of the work in a prominent and accessible place where it can be easily seen by the workers.
(2) (a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Subaward or Contract shag be classified in conformance
with the wage determination. The Contracting Officer shalt approve an additional classification and wage rate
ad fringe benefits therefore only when all the following criteria have been met;
(i) Tha work to be performed by the classification requested is not performed by a classification in the wage
determination.
(ii) The classification is utilized in the area by the wnstrucdon industry.
(b) If the Subrecipiort (and Contractor, when applicable) and the laborera and mechanics to be empIoycd in the
classification (if )mown), or their representatives agree on the classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient
shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification
and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the:
Wags end Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
(c) In the event the Subreeipient (and Contractor, when applicable), and the laborers or mechanics to be employed
in the classification, or their representatives, do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Subrocipient shall notify the
Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall
refer the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator of the Wage and Hour Division for detemrination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(d) The wage rate (including flings benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or
B(2}(e) of this Clause shall be paid to all workers performing work is the classification under the Award,
Subaward, or Contract from the first day on which work is performed in the classification.
(3) Whenever
the minimum wage rate
prescribed is the Award, Subaward, or
Contract for a class of laborers or
mechutica
includes a fringe benefit
which is not exprtssed u era hourly
rats, the 5ubrocipient and Connector
shall either
pay the benefit as stated
{a the wage determination or shall pay
another bona fide flings benefit or an
hourly cash
equivalent thereof
{4) If the Subrocipienk or Contractor does not make payment: to A tntstoe or other third person, the $ubrecipicnt or
Contractor may consider as part of fire wags of my laborer or mechanic rho amount of atry coat: reasonably
anticipated in providing bona fide fringe benefits under a plan or grogram; provided, that the Secretary of Labor
has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the
Davis -Hawn Act have been met. The Secretary of Labor may require the Subreciplont or Contractor to set aside
I
n a separate account assets for the meeting of obligations under the plan or program.
Page 20 of 29
C. Ralrs ojWaga
(I) The minimum wages to be paid
laborers and mechanics under the
Subaward or
Contract involved in
performance of work at the project
site, as determined by the Secretary
of Labor to
be prevailing for the
corresponding classes of laborers and
mechanics employed on projects of
a character
similar to the contract
work in the pertinent locality, are included
as an attachment to the Award, Subaward,
or Contract.
(2) If the $ubawerd or Contract has been issued without a wage determination, the Recipient shall notify the
Contracting Officer immediatety of the site of the work under the Subaward or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
D. Payroll: and Banc Records
(1) Payrolls and basic records rotating themto shall ba maintained by the Recipient, Subnecipient and Contractor
during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address, and social security number of
each such worker his or her correct classification, hourly rates of wages paid( including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described section
I(b)(2)(B) of the- Davis -Bacon Act), daily ad weekly number of hours worked, deductions made, and actual
wages paid Whenever the Secretary ' of Labor has found, under paragraph (4) of the provision entitled
David -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in, providing benefits under a plan or program described in section l(bx2)(B) of the Davis -Bacon
Act, the Subreeipicat or Contractor shall maintain record& which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in. writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices and trainers, and the ratios and wage
rates prescribed in the applicable programs.
(2) (a) The Conttncter shall submit weekly for each week in which any Contract work is performed a copy of e11
payrolls to the Subrocipient. The Subroeipient shall submit weekly for each week in which any Subaward or
Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each
week in which any Subaward or Contact work is performed a copy of all payrolls to the Contracting Officer.
The payrolls 'submitted shall set out accurately and completely all of the information requited to be maintained
under paragraph D(I) of this Clause, except that the full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH347 is available for this
purpose from the Wage and Hour Division Web site at lrnu:/�y%vydog.gpv/esahvhd/forms/wh347instr.htiri or its
successor site.
(b) The Recipient is responsible for the ensuring that all Subrocipients sad Contractors submit copies of payrolls
and basic records as roquired by paragraph D, Payrolls and Basic Records, of this Clause. The Subrocipient is
responsible for ensuring all Contractors, including lower tier subcontractors submit copies of payrolls and basic
records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors
shall maintain the full social security number and current address of each covered worker, and shall provide
them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of
the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage
requirements. The Recipient shalt also obtain and provide the full social security number and current address of
each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social
security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer.
(c) Each Payroll submitted shall be accompaaiod by a "StatemerU of Compliance," signed by the Recipient,
Subrecipient or Contractor or his or her agent who pay& or supaviaes the p.ymerrt of the person& employed
��� under the Subaward or Contract and &hall certity—
Page 21 of 29
(i) That the payroll for the payroll period contains the information required to be maintained under paragraph
D(2xa) of this Clause, the appropriate information1. is being maintained under paragraph D(i) of this
Clause, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward
or Contract during the payroll period has been paid the Rill weekly wages earned, without rebate, either
directly or indirectly, and that no deductions bave been made either directly or indirectly from the full
wages eamad, other that permissible deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mcchamic has barn paid not less than tiie applicable wage ntw end fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
A
ncorporated into the Subaward or Contract.
{d) The weekly submission of a properly oxeeuted certification set forth on tiro reverse aide of Optional Focm
WHw347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
D(2)(e) of this Clause.
(c) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may
subject Eno Recipient, Subrwipient or Contractor to civil or criminal prosecution under Section 1001 of Title 18
and Section 3729 of Title 3I of the United States Code.
(3) Tha Reclpiant, Subrecipeint, or Contractor shall make rho rocotda required under paragraph D(i) of this Clause
available far inspection, copying, or transcription by the Contracting Officer, authorized representatives of the
Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shalt permit the Contracting
Officer, authorized representatives of the Contacting Officer or the Department of Labor to interview
employees during worldng hours on the job. If the Recipient, Subrecipient; or Contactor Rails to submit the
require records or to make them available, the Contracting Officer may after written notice to the Recipient,
Subreciplent, or Contractor take such action as may be necessary to cause the suspension of any Robot
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
E.1?✓iti4koi'di}rg ojjNnds
(i) The DOE Contracting Officer shall, upon Iva or her or its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other
contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to
Davis -Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the
Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by
the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
until such violations have ceased
Page 2Z of 29
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized. representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or
Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full
amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
roquirod by the Subaward or Contract, the Recipient may, after written notice to the Subr cipicnt or Contractor,
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased or the Government may cause the suspension of any further payment
under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally
assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrocipient or
Contractor.
F, Appnndcss and 7iatneq
(1) Apprentices.
(a} An apprentice will bt permitted to work at lase than the prodetermiaed late for the work they performed when
they are employed—
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training,
Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the
OATELS; or
(ii) Ice the
first 90 days of probationary
employment as att apprentice
in such as apprenticeship program, even
though
not individually registered in
the program, if ecrtificd by
the OATELS or a State Apprenticeship
Agency
(where appropriate) to be. eligible
for probationary employment as
an apprentice.
(b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be grrater
than the ratio permitted to the Subrecipirnt or Contractor as to the entire work force under the registered
program.
y (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
In paragraph F(I) of this CIause, shall be paid not less than the applicable wage determination for the
chisaification of work actually performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performers.
(d} Where a Subrecipient or Contractor is
performing construction on
s project in a locality other than in which its
program is registered, the ratios and
wage rates (expressed is
pereentages of the
journeyman's hourly rate)
specified in the Subrecipient'a or Contractor's registered program
shall be observed
Every apprentice must be
paid at not less than the rate specified
in the regiatered program
for the apprentice's
level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wag* determination.
(a) Apprentices shall be paid fringe benefits in accordance with the provision of the apprenticeship program, if the
apprenticeship program does not specify fringe benefits, apprentices must b* paid the Sill amount of fringe
benefit listed oo the wage determination for the applicable classifiondon. If the Administrator datermines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination,
(e) Apprentices shall be paid Sings benefiq In accordance with the provisions of the apprenticeship program. If the
apprcmtiseahip program does not specify fringe benefits, apprentices must bo paid the full amount of fringe
benefits 116tg1 ott the wage determination for the appliabk clwi&cation. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination.
(t) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approves of an
apprenticeship program, the Subrecipient or Contractor wiU no Tonga' be pertitted to ud[ize apprentices u law
than the applicable predetermined rats for the worst performed antis as aceeptabb program is approved.
.J
Page 23 of 29
(2) Trainees
(a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined- rate for
the work performed unless they am employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on
the job site shall not be greater than permitted ender the plan approved by OATELS.
N) Every trains must be paid at not less than the rate specified in the approved progtam for tha trnineo's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits
listed in the wage determination, unless the Administrator of the Wage and Hour Division determines that them
is an apprenticeship/training program associated with the corresponding journeyman wage rate in the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the OATFU shall
be paid not less than the applicable wage rate in the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shah be paid not less than the applicable wage rate in the wage determination for the work
actually performed.
(c) In tite event OATF.La withdraws approval of a training progmm, the Subrecipient or Contractor will no longer
bo permitted to utilize trainees at less than Lire applicable predetermined rate for the work performed until an
acceptable program is approved.
(3) Equal employment opportunity. Tho udiization of approntices, trainees, and journeymen undo this Cinusa shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
G. Comspllanee with CopelandAct Regwdnnunts
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the Award, Subawatd or Contract
H. Srrbawarets and Candrac�
(1) The Recipient, Inc Subreeipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled
"Davis' Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient
shall be responsible for ensuring compliance by any Subreeipfent or Contractor with all of the requirements
contained in this Clause.' . The Subrecipient shall be responsible for the compliance by Contractor with all of the
requirements contained in this Clause.
(2) Within 14 days after issuance of s $ubaward, the Recipient shalt deliver to the Contracting Officer a completed
Standard Form (SF)1413, StatemenE and Acknowledgment, for each Subaward and Contract for constnrction
within the United States, including the Subteeipient's and Contractor's signed and dated acknowledgment mat
this Clause) has been included in the Subaward and any Contracts. The SF 14I3 is available from the
Contracting Officer or at
hams//contacts.gsa goy/webforms.nsf/0/70B4572D16EE95A7R5256A26004F7EA3/Sfiie/sf1413 e.ndf.
Within 14 days after issuance of a Contract or lower- du subcontract, the Subrocipient shall deliver to the
Recipient a completed Standard Fenn (SFj d413, Staierrant and Aclmowledgmeny for each Contnsct and lowu-
tier aarbcontractor's signed and dated acktwwladgmant that this Clause Iran been included in any Contract ear
t met. tier subcontracts. SF1413 is available from the Contracting Officer or at
bIIP:/;coutacts.ggLgy/wcbforms.nsfYO/70B4R72D16EE95A7i15256A26004FZEAS1Sft1;/sf1413 o.ndf.
The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Fomua (SF)
1413,
�� 1. CatK►sd TmwJ�atiae - - Delesrartr(
Pogo 24 of 29
A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a
Contractor or subcontractor as provided in 29 CFR 5.12.
\ J. CornpNanee whh Davin -Bacon and RelaW Ad Regalatlons
C>
AU rulings and inkrpretatioaa of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and S src hereby
incorporated by reference in the Award, Subaward or Contract.
iC. Disputes Coneerntrrg Labor Standards
The United States Department of Labor hat stt forth is 29 CFR Parts 5, 6, and 7 procetiures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall
not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes
within the meaning of the Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the
Aepartment of Energy, the U.S. Department of Labor, or the employees or their representatives.
L. Ceriiflcatlon ojEllglbillty
(1) Hy entering into this Award, Subawsrd, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient,
Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or
Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CPR 5.12{s)(1).
(2) No part of this Award, Subaward or Contract shall ba subcontracted to any person or firm weUgible for award of
a Government contract or Government sward by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(e)(i).
{3) The penalty for malting false statements is prescribed in the U.S. Criminal Cadc, 18 U.S.C. SUtll.
M. Approta! ojWage Rates
All straight time wage rates, and overtive rates based thereon, for laborers and mechanics engaged in work under an
Award, Subaward or Contract must be submitted for approval in writing by the head of the fodend contracting activity or it
respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding
cWisifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award,
Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the
Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor
is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.
CLAUSE 2C}QC. Contract Work Hone and Satety Standards Act
This Clause
entltled "Contract Work Bouts
and Safety Standards Aci
(CWHSSA)" shell apply to any Subaward or
Contract in en amount in excess of S100,000.
As used in this CWHSSA
Clause, the terms laborers ad mechanics include
watchmen and
guards.
A. pvertime
retpriromentt. No Subrocipient or
Contractor contracting for
arty part of this Subaward work which may
requiro or
involve the employment of labarcra
or mtchaaia shall regariro
or permit any such Iaborer or mechanic in say
workweek
in which he or she is employed
on such work to worst is
exceu of forty horns is such workweek such
laborer or
mechanic receives compensation at
a rate not less than one and onewhalf times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
Page 25 of 29
B. Violation; liability for unpaid wages; liquidated damages. Tn the ovont of any violation of the Clause Be forth is
paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In
i addition, such Subrecipient or Contractor shall be liable to the United States (in as the case of work done under a
Subaward or Contract for the District of Columbia or it territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the provision set forth in CWSSHA paragraph A, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the standard workweek of
forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section.
�J
(1} Tho DOE Contracting OfEeer shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on
any other federally assisted Award or contract subject to the CWHSSA, which is hold by the same Recipient
such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages ad
liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause.
(2) Tho Recipient shall, upon
its own action or upon written request of tha DOE Contracting
Officer or an
authorized representative of
the Department of Labor, withhold or cause from any moneys payable
on
account of
work performed by the Subrecipient or Contractor on this or any other federally assisted subaward
or contract
subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may
be
determined
to be necessary to satisfy
any liabilities of such Subteelpieat or Contractor for unpaid wages
and
liquidated
damages as provided in clause
set forth In CWHSSA, paragraph B of this Clause.
page 26 of 29
CONTRACTr •• 16090000664 FORTHE
1• AMERICAN RECOVERYAND REINVESTMENT ACT (ARRA) (CFDA#04
AMENDMENTNUMBER:
ATTACHMENT C -HISTORIC PRESERVATION
SUBRECIPIENT NAME: Fort Wo�xh, City of, Delx+rtrnent of Housing
SECTION 43. ffiSTORICAL PRESERVATION
�. „1 t• r.
Ir � nr
Pegs 27 of 24
TEXAS DEPARTMENT OF HOUSING AND COIFIMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 1
ATTACHMENT D -SECTION 13. RECORD KEEPING REQUIREMENTS
SUBRECIPIENT NAME: Fort Worth, City of, Department of Homing
N Y 1. ; ♦; 1 ,� h e-iTaC1111172i31 �1: Y h9
G. 5ubrecipients must provide program applieationa, fomts and cductional materials in English, Spanish and airy othar
appropriate language.
Page 2$ of 29
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81,042)
AMENDMENT NUMBER: 2
SECTION I. PARTIES TO CONTRACT
The Texas Department of Housing sad Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and Fort Worth, City of. Department of Housing (hereinafter the "Subrccipiene) do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
16090000664 ("Contract').
SECTION 2. CONTRACT TERM
The period for performance of this contrac; unless earlier terminated, is September 01, 2009 through August 31. 2011
(hereinafter the "Contract Term'0.
SECTION 3.
The Contract is amended by deleting the current Attachment A — Badgat and Performance Document in it`s entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment. Attachment A = Budget and Performance Document is being amended to include the 2nd year disbursement.
II
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth and shall continue to
govern except to the extent that said terms conflict with the terms of this amendment. In the event any conflict in terms
exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void
by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
Contract.
SECTION 5.
This amendment shall be effective on the date of execution of this amendment by the Executive Director of tht Texas
Department of Rousing and Community Affairs.
SECTION 6.
By aigaing this amendmen; the parties expressly understand and agree that its forme shell become a part of the Contract as
if it were set worth ward for word therein. This amendment shall be biadutg upon the partid herUo and their respeedve
successors and assigns.
AGREED TO AND EXECUTED BY:
Fort Worth, City of, Department of Housing
By: Joe Cordova
Date Signed; 3uly 29, 2010
C)
Page 29 of 29
CITY btuKeTARY- g t�
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAII+G()ffRACT Not
CONTRACT NUMBER. 16090000664 •FOR THE
THE AMERICAN-RECOVERY AND•REINVESTMENT ACT (ARRA) (CFDAN 81.402)
SECTION 1, PARTIES,TO CONTRACT
This contract (hereinafter "Contract")
is made by and between the Texas Department of Housing
and .Community
Affairs,
an agency of the State of Texas
(hereinafter the "Department") and Fort Worth, Ciiy of.
Department of
liuu;ing
(hereinafter the "Subrecipient"). The
tarn of this Contract shall be for the period identified under
Attachment A —
Budget
and Performance Document (hereinafter
the "Attachment A").
SECTION Z. CONTRACT TERM
The•period for performance of this contract, unless earlier terminated, is September (l1, 2009 through august 31, ?01l
(heroinafter the "Contract Term").
SECTION 3, DESIGNATED CONTRACTOR CONTACTS
Subrecipient shall
designate, in writing, . at the time Subrecipient execuks 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. 5UBRECIP[ENT PERFORMANCE
Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance
Pragtamr (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 proscribed 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 givento
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 Pari A . of the Energy Conservation in Existing Buildings Act of 1976, as amended
( U 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; Togas Administrative Code: 10 TAC §5.10-0.20; §5.501—§5.508; §5,521.§5.532; and §5.60145.609. 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,
Subreeipient's
satisfactory performance of this Contract, Department
shall raimbutse 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 ace not available, Dopartment shall notify Subrecipient in writing within a reasonable time
after such fact is dekrmined. Department shall then terminate this Contract and will not be liable for the failure to
make any payment to Subrecipient under this Contract.
C. Department is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in 10 C.F.R. §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 [he date weatherization of the dwelling unit is scheduled to be
completed;
(33 is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided .for iq„jQ,
C.F.R. §440.18(c)(3);
Page I of 16 t t
p
! I
(4) is for Subrecipient's administrative costs incurred in excess of the. maximum Ilmitation set forth in Section 9 of
this Contract;
{5) is not incurred during the Contmc[ tens;
{6) is not
reported
to Department
on a monthly ARRA
expenditure report andJor a monthly ARRA performance
report,
within sixty
(60) days of the
termination of the Contract
terms
(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. Subrecipicnt shall refund, within fifteen (IS) 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 al
the sole discretion of the Department. Underperformance under this contract may result in subsequent deobligauon of
funds from this contract.
SECTTON 6. METHOD OF PAYMENTlCASH BALANCES
A. Each month, Subrecipient may request an advance payment of 1YAP funds under Attachment A by submitting a
monthly expendimre Report to Department (through tfie 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 ro 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)
notwithstanding, 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 wcatherization 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 governments are set forth in OMB Circular No. 87, and for
non -profits in OMB Circular No. 122. Uniform administrative requirements for local governments are set forth in OMB
Circular No. 102 and for non -profits in OMB Circular No, 110.
Page 2 of 16
SECTION S. PREVAILING WALES AND RATES PAID TO SUBRECIPIENTS AND SUBCONTRACTORS
Notwithstanding any other provision of Incv and in a manner consistent with other provisions of the American Recovery
and Reinvestment Act of 2009, ' all laborers and mechanics employed by Subrecipicnt 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
fedeml 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 I0. 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 wnswed 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 casts incurred by Subrecipicnt after termination or during the suspension of this
Contract. The termination or suspension of this Contract notwithstanding, Subrecipicnt shall not 6e relieved of any
liability for damages due to Department by virtue of any prior or future breach of this Contract by Subrecipicot.
Department may withhold any payment otherwise due to Subrecipicnt until such time as the exact amount of damages
owed to Department by Submcipient is determined and paid.
SECTION71. ALLOWAHLEEXPENDITURES
A. The atlowability of
Subrecipent 's casts
incurred in the
performance
of this Contract shalt 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 Seedon.
B. To the maximum extent practicable, Subrecipient shall utilize funds provided under this Contract far the purchase of
weatherization materials. All weadterization measures installed must be )fisted on a DOE appmved 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. Wtiatherization 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. Pan 440, Appendix
A, State of Texas adopted International Residential Code (1RC) 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 weatherizat)on materials as defined in ]0 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 5ER
of one or grcatcrin accordance with ] 0 C.F.R. §440,19;
Page 3 of) F
(3) wcatherization 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 tooting systems must have an Energy Star raring;
(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 ]ease of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by
Department and DOE),
(8) employment of on -site supervisory personnel;
(9j storage of weatherizadon materials, tools, and equipment;
(]Oj 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.);
(] 1) allowable health and safety measures; and
(12) allowable base load reduction measures. Health and Safety funds' not expended may be moved to the tabor,
materialsA and program support category, These changes will require a contract action; therefoee1 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. Adminis[radve casts incurced by Subrecipient in performing this Contract are to be based on actual programmatic'
expendiures and shall be allowed up to the amount outlined in Attachment A. Allowable administrative costs may
include reasonable costs associated with Subreeipient'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,Ot}(1.00) shall fie an allowable WAP expenditure under Attachment A. Subrccipicnt
may request in writing a waiver of the Iimit on liability insurance. The waiver request must provide price quotes from
at least three (3) insurance camers. If subrccipient 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,Ann .00) shall be allowed
under Attachment A, subject to Section 15.
F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units
under the direction of qualified supervisors,
Page 4 of 16
SECTION I2, USE OFAMERICAN IRON, STEEL, AND MANUFACTURED GOODS
Contractor shall not use any of the funds provided pursuant to this COn1raCl for a project for the construction, a]teration,
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 t3. RECORD KEEPING REQUIREMENTS
A. Subrecipient shall comply with the rernrd keeping requirements set forth at 10 C.F.R. §440,24 and with such
additional record keeping requirements as specified by Department.
H. For each dwelling unit weathertzcd with funds received from WAP under this ConVact, Subrecipient shall maintain a
file containing the following information:
(]) completed
Application
for VVeatherization Services indicating the ages of
the
residcnrs, 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 forutilities or consumption disclosure release form;
(3) eligibility documentation (proof of income eligibility shalt 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) invoiccsoitabor;
(7) if a rental unit, landlord agreement form (including Exhibits A and H), landlord financial participation form and
Permission to Conduct Energy Audit Farm (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;
(4) Notice of Denial (Department form), if applicable;
(10) Signed and dated Building Assessment form;
(I 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 forall combustible appliances.;
(1S) Documenmtion of post weatheriration carbon monoxide readings for all wmbusiible appliances.
{I6) Blower Door Data Sheet;
(17) Copy. of the cover sheet, S1R page, and Suggested Repairs and Measures page for the approved State of Texas
Energy Audit;
EIR) A complete •approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (unless
using computer based audit);
Page 5 of 16
(l9) Signed client receipt of Lead Safe Information (for homes built in [97g or prior); and
(20) Refrigeratorreplacementfocm{ifappIicable).
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 Ieast three years after final payment has been made and all other pending matters are closed.
Subrecipient shalt include the requirements of this Subsection in all subcontracts.
E. A!I WAP records maintained by Subrecipient, except records made confidenfial by law, shalt be available for
inspection by the public during Subtccipient's normal business hours to the extent required by the Texas Public
Information Act, TEXAS GOVERNMENT CODE ANNOTATED. Chapter 552,
F. All subrecipicnts must conduct a full household assessmentaddressing all possible allowable weatheri�adon measures.
SECTION 74. REPORTING REQUIREMENTS
A. On or before the fifih
(Sth) day of the rnonth,
Subrecipient
shelf electronically
submit a Performance Report and
Expenditure Report to the Depattrncnt reporting al!
activities up
10 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 afund request.
8. Subrecipient shall electronically submit to Department no later than sixty (60) days afkr 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 55,000.00 or more end a useful iife of more than one
year, if purchased in whole or in part with funds received under this or previous weatherizafion 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 shalt submit other reports, data, and information on the performance of this Contract as may be required
by DOE pursuant to 10 C.F.R. §IW.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 otherwise due or requested
by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response is received
by Department. If the delinquent report or response is not received within forty-five (45) days of its due date,
Department may suspend or terminate this Contract. If Subrecipient receives 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 tort.
Page 6 of lb
SECTION 15. ASSISTANCE IN PREPARING REPORTS ON USE OF 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;
l3. 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 infrastructure 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 yearreceived:
a. 80 percent or more of its annual gross revenues in Federal awards; and
b, 525,000,000 or more in annual gross revenues from Fcdcral awards; and
(2} the public does not have access to information about the compensation of the senior executives of the endry
through periodic reports fried under section 13(a) or 15(d) of rho Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 [26 US.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 rho Dcpattment related to the Contract.
SECTION lb. CHANGES AND AMENDMENTS
Any change in the teens 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
terns of this Contract shall be by amendment in writing and signed by both parties to this Contract,
SECTION I7. NON -BINDING GUIDANCE
Department may issue non -binding guidance to explain the rules and provide directions on the terms of this Contract.
SECTCONIB, 7NDEPENDEN?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 dilrd 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 unifomt administrative
requirements referenced in Section 6 of this Contract Subrecipient shall not procure supplies, equipment, materials, or .
secviees for this Contract except in acwrdance 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. to addition to following any applicable state or local procurement laws, Subrecipient shall timely provide the
Department with an elxtronic version of any notice of procurement opportunity for posting on the Department's
website.
Page 7 of I6
the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixed•priee 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. a is the sole responsibility of Subrecipicn['s authorized weatheriza$on 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 20. 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:
(I} Subrecipients expending $500,000 or more in federal financial assistance for any fiscal year ending on or after
December 311 20032 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 aIIocable 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 strange
for the performance of an annual financial statement audit. Such audit should include verification as required in
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 sudit(s) of funds received under this Contract. Subrecipient further understands and agrees that
reimbursement to Department of such disaliowed 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 art open,
competitive
process at least once
every four years. The
auditor shall retain working papers and reports for a minimum
of three
years after the dato 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 21. PROPERTY MANAGEMENT
A. Subrecipient acknowledges that any vehicles, tools, and equipmen[ with a unit acquisition cost of 55,000.00 or more
and a useful life of more than one year, if purchased in whole or in part with funds reeeived 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 ate 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 rho uniform
administrative requirements refcrcnccd 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 weatherizadon assistance program contract,
except in accordance with its own property management system.
C. Upon termination or non-rcncwal 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:
I) The equipment shall be appropriately identified in the award orotherwise made known to the recipient in writing.
2) The Department will issue disposition instructions aflerreceipt offinal inventory.
D. Subrcciplent shalt establish adequate safeguards to prevont 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 under Section 10, Subrecipient shall take a
physical inventory of all WAP materials and shall reconcile the rosults with its property records at )east once every
year. Any differences between quantities determined by the inventory and those shown in the property records shall he
investigated by Subrecipient to determine the cause of the difference.
Page 9 of 16
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 mpolicles do not provide coverage for potential effects of many health and
safety measures, such as lead disturbances and other pollution occurrence items. Subreelpient 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.
Tf Subrccipicnt is ••not a unit of local govemmcnt, 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 satisfics.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.
Subrecipionts 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
Subrccipicnt shalt give Department immediate written notice of any claim or action filed with a court or administrative
agency against Subrccipicnt and arising out of [he performance of this Contract or any subcontract hereunder.
Subrecipient shall furnish to Depamnent copies of all pertinent papers received by Subrecipient with respect to such
action or claim.
SECTION 24. TECHNICAL: ASSISTANCEAND 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 Subrccipicnt 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 perforr[ the services Subrecipient has obligated itself to
perform under this Contact.
B. The person
signing
this
Contract
on behalf of Subrecipient hereby warrants
that he/she
has
been authorized by
Subrccipicnt
to execute
this
Contract on
behalf of Subrccipicm 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 ar 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 ] 0 of 16
SECTION 26. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize intemal 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. Subrocipient'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 e)1 of its records, employces, and agents for the purpose of
monitoring or investigating the wealherization program. Subrecipient shall fully cooperate with Department's efforts
to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall irnmodiately notify the Department of
any identified instances of waste, fraud, or abuse.
C. Deparunent wil[ notify the funding sowce upon identification of possible instances of waste, fraud, and abuse or other
serious deficiencies,
D, Subtcipient
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
mAdc'in good
faith.
SECTION 27. HB 1196 CERTIFICATION
Subrecipient !Local Operator certifies that it, or a branch, division, or deparunem of Subrecipient /Local Operator does
not and will not knowingly employ an undocumented worker, where 'ltndocumented 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 5010 per annum, not later than the
I201h 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 / Loeat 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 INTERESTINEPOTTSM
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,
empIoyee, or member of the governing body of Subrecipient shall vote, for or confirm the employment of any person
related within the second degree by affinity or third degree by consanguinity to any member of the governing body or
to any officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the
continued employment of a person who has been continuously employed for a period of two years prior to the election
or appointment of the officer, employee, or -governing body.member related to such person in the prohibited degree. .
Page 1 I of 16
J
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.
0
B. No funds provided under this Contract
may be used directly
or indirectly
to hire employees or in any other tvay fund or
support candidates far 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 iltan 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 Contract shall be paid to any official
or employee who violates any of the
provisions
of this section.
SECTION 31. REQUIREMENT TO POST NOTCCE OF WIIISTLEBLOWER RIGTiT5 AND REi11ED1E5
Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistleblowers
under Section 1553 of the American Recovery and Reinvestment Act of2009.
SECTION 32. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
No person shall on the ground(s) of race, color, religion, sex,
national
origin, age, Aisability; political affiliation or belief
he excluded from
padicipation in, be denied the benefits
of, be
subjected to discrimination under, ar 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 WOI2I{1NTEXAS.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 requiremenu of all applicable laws and regulations, including those specified in l0
C.F.R. Pad 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 IO TAC §5.532. 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 A422 or A-87, as
applicable, any •Department Issuance on travel, .and with Subrecipient's written travel policy. SubrecipienCs written
trnvet 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
Subrccipicnt 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 arc for the sole purpose of purchasing
designated weathcrization 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,
nor may they in any way servo to reduce the funds or resources, which would have been available to or..provided through
Subreeipient, had this Contract never been executed.
SECTION 37. DEBARRED AND SUSPENDED PARTIES
(1) Subrecipient must not make any award (subgrant or contract) to any party which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension and 45 CFR Part 76, "
(2) Subrecipient certifies that neither it
or its principles
is presently
debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from
participation in this
transaction by
any Federal department or agency.
(3} Where Subrccipient 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 er 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 \VRI't"C'EN AGREEMENTS
All prior oral or written agreements between the parties hereto relating to the subject matter of this Contract have been
r Auced 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, thaz the funds ,
wi[1 be used in accordance with state and federal laws.
SECTION 41. COMMENCEMENT OF ACTIVCTY
Prior to the commencement of any home related weatherization expenditures, Subrecipients must attend the Septcmbe
2009 Weatheriution 101 training conducted by the Depar4nent.
SECTION 42. SEVERABILITY
If any portion of this Contract is held [o be invalid by a couR of competent Jurisdiction, the remainder of It shall remain
valid and binding.
Page 13 of 16
SIGNED this u! day of Ocrahor. 41J09
l nrt 1North: City ot; Ucpartment of Hoaxing
By; LSavicl Al r0
TEXAS DEPARTMENT OF HOUSING AND COD7MUNITY AFFAIRS
By: M1ticltaclCicrbur
This Contract is not cffcctive unless signed by the Executive Director of the Department or their authorized designee.
Page lA of 16
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFEW 81 A02)
ATTACHMENT A -BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME; Fon \4otth, City of Deparuncni of Housing
DEPARTMENT FINANCIAL OBLIGATIONS
S :.750,54$.UO ARRA FUNDS CURRENTLY AVAILABLE
S Al WU3,00 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
S 3,750,595.00 TOTAL ANTICIPATED ARRA FUNDS
S 6I; r(i3.0O TOTAL ANTICIPATED TRAINING &TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amcndmcnt(s}, Funds may only be obligated and expended during the current
contract term. Unexpended fund balances will be recaptured,
CATEGORIES
FUNDS •
2 Administnuion
S 187,53U U(1
Liability: Pollution Occurrence fimirancc
$
Fiscal Audit
S 1,0(tt0.(10
Materials Program Support! Labor
S 2,836,667.00
4 Heahit and Safetyy
S 709.166.00
SUB -TOTAL
S .i,750,595.On
s Training and Technical Assisrantr
S 61; 70i.UO
TOTAL
t Denotes that nhe subrecipient must request in writing any adjuument needed to a budges category before TDHCA will
make any adjustments to the budget categories. The only categories that can be reduced are the Administration,
Insurance, Fiscal Audlt an in the Health and Safety categories. Subrecipients arc 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 declineIto review
written requests received during the final 90 days of the contract term.
Denotes
maximum for administration based on Of the. total allowable expenditures excluding travel for training.
a Denotes S4,000 for liability insurance and the remaining balance for pollution occurrence insurance.
Denotes the maximum allowed for Health and Safety expenditures.
s Departmenlapprovedtraining It" velonly.
Page 15 of t6
PERFORMANCE
Sub recipient's services area consists of the following Texas counties:
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: 09/01/2009
Fort Worth, City of Rousing and Economic Development Department
By: David Maryol
TEXAS DEPARTMENT OF ROUSING AND COMMIJNIT AFFAIRS
BY: Michael Gerber
Michael Gerber, Executive Director
APPROVED AS TO FORM AND LEGALITY;
j
Vicki S, Ganske
SENIOR ASSISTANT CITY ATTORNEY
APPROVED FOR THE FORT WORTH CITY MANAGER'S OFFICE
T.M, Higgins .
ASSISTANT CITY MANGER
e
Marty Hendrix U
CITY SECRETARY
CONTRACT AUTHORIZATION
Date
Page 1 b of 16
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (AREA) (CFDA# 81,042)
AMENDMENT NUMBER: U
CITY SEU IMT, v c?-
NTRA►OT NOJU. _�i__C'�
SECTION I. PARTIES TO CONTRACT
The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter
the "Department") and Fort Worth, City of, Department of Housing (hereinafter the "Subrecipient") do hereby contract
and agree to amend the contract by and between the parties identified on Department records as Contract Number
I6090000664 ("Contract").
SECTION 2. CONTRACT TERM
The period for performance of this contract, unless eazlier terminated, is September Ul, 3009 through February 28, 2012
(hereinafter the "Contract Tenn"),
SECTION 3.
The Contract is amended by deleting the current Attachment A —Budget and Performance Document in it's entirety
and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this
Amendment.
SECTION 4. AGREEMENT
The parties hereto agree that all
govern except to the extent that
exists, this amendment shall cons
by operation of law, Each capi
Contract.
SECTION 5.
This amendment shall be effect
Department of Housing and Commt
SECTION 6.
By signing this amendment, the
if it were set worth word for �
successors and assigns.
AGREED TO AND EXECUTED
Fori �V rt}r, tit,- ot: spar m �} of Housing
By:
�f
s /t Aj C fF NHS
Date ign
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Michael Gerber
Date Signed: ,Irate 28, 2011
Page 1 of 3
Oi3-19-11 P12�23 IN
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR THE
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042)
AMENDMENT NUMBER: 6
ATTACHMENT A -BUDGET AND PERFORMANCE DOCUMENT
SUBRECIPIENT NAME: Fort \forth, Citti of, Department of Housing
DEPARTMENT FINANCIAL OBLIGATIONS
S 9,810,803.00 ARRA FUNDS CURRENTLY AVAILABLE
`G (i1,19L0(1 TRAINING &TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$ 9,810,8t)3.U0 TOTAL ANTICIPATED ARRA FUNDS
$ (i4,19L00 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 ALLO ATIONS �
CATEGORIES
DEPARTMENT SHARE
z Administration
g374,i25,00
3 I..iability / Pollution
Occurrence Insurance
$ 0.00
Fiscal Audit
$ 2,000.00
Materials / Program
Support / Labor
$ 8,978,052.00
4 Health and Safety
$ 456,226.00
SUB -TOTAL
$ 9,810.80.1.00
s Training and Technical Assistance
$ 64,191.00
TOTAL
$ 9,874,994.00
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 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 5.00% of the total allowable expenditures excluding travel for training.
3
Denotes $4,000 for liability insurance and the remaining balance for pollution occurrence insurance.
a Denotes the maximum allowed for Health and Safety expenditures.
S Department approved training /travel only.
Page 2 of 3
6 Subrecipient may incur costs associated with the closeout of the ARRA WAP contract. These activities include but are
not limited to: inspections, payments of invoices, and quality assurance activities for a period not to exceed 60 days
from the end of the contract term defined in Section 2 of this contract.
These costs shall be reported on the final report described in Section 14 B of this contract.
PERFORMANCE
Subrecipient's service area consists of the following Texas counties:
TARRANf
Subrecipient's service area consists of the following Texas cities:
i=arz�r worrrl�
Subrecipient 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 S6,500.00 without prior written
approval from the 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: 06i01;201 I
Page 3 of 3
TEXAS DEPARTMEIII I OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 16090000664 FOR
THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA#81.042
APPROVED AS TO FORM AND LEGALITY:
BY: I �,08 / 5v (/
Vicki S. Ganske Date
SENIOR ASSISTANT CITY ATTORNEY
APPROVED FOR THE FORT WORTH CITY MANAGER'S OFFICE
BY: _
Susan
CITY MANAGER
at Hendrix
CITY SECRETARY
AUTHORIZA'
Date
Date
City Of Fort Worth, Texas
COUNCIL ACTION: Approved on 7/19/2011 —Ordinance No.19769
DATE: Tuesday, July 19, 2011 REFERENCE NO.: **G-17319
LOG NAME: 17WAP ARRA CONTRACT AMENDMENT NO, 2
SUBJECT:
Authorize Acceptance of an Additional $750,000.00 in Grant Funds for the Low Income Weatherization
Program from the Texas Department of Housing and Community Affairs, Authorize Related Contract
Amendment and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept an additional grant of $750,000.00 from the Texas Department of
Housing and Community Affairs for the Low Income Weatherization Program;
2. Authorize the City Manager or his designee to execute Amendment No. 2 to City Secretary Contract No.
40820 with the Texas Department of Housing and Community Affairs to accept the additional grant funds
and extend the term of the contract to April 30, 2012;
3. Authorize the City Manager or his designee to amend, extend or renew necessary contracts or other related
documents in accordance with City policies and applicable state and federal regulations upon mutual
agreement with the Texas Department of Housing and Community Affairs; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund by $750,000.00 subject to receipt of the grant.
1 • �
The City has operated the Weatherization Assistance Program (WAP) funded by grants from the Texas
Department of Housing and Community Affairs (TDHCA) since 1982. The grant program serves
low—income residents in Tarrant County, primarily the elderly and persons with disabilities, by weatherizing
their houses. Weatherization measures include attic insulation, weather—stripping, caulking, repairs to doors,
windows and other minor repairs. This program allows the expenditure of up to $6,500.00 per house.
In 2009, the City applied for and was awarded $12,896,008.00 in WAP grant funds from TDHCA funded by
the American Recovery and Reinvestment Act of 2009 to serve qualified households that earn no more than
200 percent of the Federal Poverty Income guidelines (M&C C-23598). In May 2011, TDHCA amended its
current contract by adding $1,500,000.00 to City Secretary Contract No. 40820 and extending the expiration
date from August 31, 2011 to February 29, 2012 (M&C G-17272). TDHCA announced amendment number
two of current contracts with the City to provide additional funding of $750,000.00 and extending the term
through April 30, 2012.
Approximately 145 additional households will be targeted by the Housing and Economic Development
Department (HED) with the additional funding. Contractors will not be paid until their work is inspected by
the HED inspectors. Administrative costs are restricted to five percent of the grant based on the total
allowable expenditures for the WAP.
The program is available in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
3R76 488954 017200383000 $750.000.00
3R76 5 (VARIOUS) 017200383010 $750,000400
CERTIFICATIONS:
Submitted for City Manager's Office by:, Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Joe Cordova (7332)
ATTACHMENTS
1. 17WAP ARRA CONTRACT AMENDMENT 2 AO1 l.doc
2. DOE ARRA Contracts #664 CSO 40820.pdf
3. WAP Approved for ARRA Grants 2009.1df
4. WAP ARRA M&C $1.5 million amendment.pdf