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Contract 44035 (2)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER. 56120001474 FOR THE DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM (CFDA#81.042) SECTION 1. PARTIES TO THE CONTRACT cAti PpEC 4STARY ASO WO, at This DOE Weatherization Assistance Program Contract (hereinafter "Contract") is made by and between the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department") and City of Fort Worth a political subdivision of the State of Texas (hereinafter the "Subrecipient"). SECTION 2. CONTRACT TERM The period for performance of this Contract, unless earlier terminated, is April 01, 2012 through March 31, 2013 (hereinafter the "Contract Term"). SECTION 3. SUBRECIPIENT PERFORMANCE Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Weatherization Assistance Program (WAP) in the counties and in accordance with the terms of this Contract and the "Budget and Performance Statement" attached as Exhibit A to this Contract and incorporated herein for all relevant purposes. 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, in no particular order, to (1) households with Elderly Persons as defined in WAP state rules, (2) Persons with Disabilities as defined in WAP state rules, (3) households with young children that are age five (5) or younger, and/or (4) 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.) (hereinafter, the "WAP Act"), the Department of Energy Act as amended (42 U.S.C. §8621 et seq.) (hereinafter, the "DOE Act"), the U.S. Department of Energy (DOE) implementing regulations codified in 10 C.F.R. Parts 440 and 600 (hereinafter, the "WAP Regulations"), the implementing regulations codified in 45 C.F.R. Part 96 (hereinafter, the "LIHEAP Regulations"), any applicable Office of Management and Budget (OMB) Circulars, the Texas DOE State Plan; the implementing State regulations at Title 10, Part I, Chapter 5, Subchapters A, E and F of the Texas Administrative Code as amended or supplemented from time to time (hereinafter, the "WAP State Rules"). Before commencing any weatherization work, Subrecipients are required to complete energy audits. The work will be completed in accordance with the International Energy Conservation Code and the minimum requirements set in the State of Texas adopted International Residential Code or in jurisdictions authorized by State law to adopt later editions. SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of Subrecipient's satisfactory performance of this Contract, Department shall reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in the amount specified in the "Budget and Performance Statement" attached hereto as Exhibit A. B Departments obligations under this Contract are contingent upon the actual receipt by Department of adequate WAP federal funds. If sufficient funds are not available, Department shall notify Subrecipient in writing within a reasonable time after such fact is determined. Department shall then terminate this Contract and will not be liable for the failure to make any payment to Subrecipient under this Contract. C. Department is not liable for any cost incurred by Subrecipient which: is incurred to weatherize a dwelling unit which is not an eligible dwelling unit Regulations; is incurred to weatherize a dwelling unit which is designated for acquisition local program within twelve months from the date weatherization of the completed; (3) is incurred to weatherize a dwelling unit previously §440.18(e)(2) of the WAP Regulations; as defined in §440.22 of the WAP or clearance by a federal, state, or dwelling unit is scheduled to be weatherized with WAP funs eePt= a,—provid e-d—for in 1 nrFlicIV1/411r., 0 1 --09_1 3 Al O: 28 IN Page 1 of 21 [c`Ei 5i7 1 (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 DOE expenditure report and/or a monthly DOE performance report, within sixty (60) days of the termination of the Contract Term; (7) is subject to reimbursement by a source other than Department; or (8) is made in violation of any provision of this Contract or any provision of federal or state law or regulation, including, but not limited to, those enumerated in this Contract. D. Subrecipient shall refund, within fifteen (15) days of Department's request, any sum of money paid to Subrecipient which Depai tnuent 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 Notwithstanding any other provision of this Contract, the total of all payments and other obligations incurred by the Department under this Contract shall not exceed the sum of 898,717.00. SECTION 5 METHOD OF PAYMENT/CASH BALANCES A. Each month, Subrecipient may request an advance payment of WAP funds under this Contract 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 5(A) notwithstanding, Department reserves the right to use a cost reimbursement method of payment for all funds if (1) Depaituient 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 dwelling units of the weatherization assistance program and for the payment of the allowable expenditures identified in Section 8 of this Contract. Page 2 of 21 SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. 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 §5.10 of the WAP State Rules, provided, however, that all references therein to "local government" shall be construed to mean Subrecipient. B. Uniform cost principles for governments are set forth in Office of Management and Budget ("OMB") Circular A-87 as implemented by 2 C.F.R. Part 225. Uniform administrative requirements for governments are set forth in OMB Circular A-102. OMB Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations," sets forth audit standards for governmental organizations and other organizations expending Federal funds. The expenditure threshold requiring an audit under Circular A-133 is $500,000. C. Notwithstanding any other provision of this Contract, Department shall only be liable to Subrecipient for costs incurred or performances rendered for activities specified in the WAP Act. SECTION 7. TERMINATION AND SUSPENSION A. Department may terminate this Contract, in whole or in part, at any time Depai tcnent 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. Department shall notify Subrecipient in writing at least thirty (30) days before the date of termination. B. Nothing in this Section shall be construed to limit Department's authority to withhold payment and immediately suspend this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other deficiencies in Subrecipienfs performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this Contract. C. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient. Department may withhold any payment due to Subrecipient until such time as the exact amount of damages due to Department is agreed upon or is othenvise determined in writing between Parties. D. Department shall not be liable for any costs incurred by Subrecipient after termination or during suspension of this Contract. E. Notwithstanding any exercise by Department of its right of termination or suspension, Subrecipient shall not be relieved of any liability to Department for damages by virtue of any breach of this Contract by Subrecipient. F. Subrecipient's failure to expend the funds provided under this Contract in a timely manner may result in either the termination of this Contract or Subrecipient's ineligibility to receive additional funding under WAP, or a reduction in the original allocation of funds to Subrecipient. SECTION 8. ALLOWABLE EXPENDITURES A. The allowability of Subrecipient's costs incurred in the performance of this Contract shall be determined in accordance with the provisions of Section 4 and the regulations set forth in §440.18 of the WAP Regulations, 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 have an approved State of Texas Energy Audit savings -to -investment ratio (SIR) of one or greater unless othenvise indicated as health and safety or incidental repair items. Weatherization measures installed shall begin with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending order to the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved. Subrecipient shall weatherize eligible dwelling units using only weatherization materials which meet or exceed the standards prescribed by DOE in Appendix A of Part 440 of the WAP Regulations, State of Texas adopted International Residential Code (IRC) or jurisdictions authorized by State law to adopt later editions. Page 3 of 21 Allowable WAP expenditures under this Contract include: (1) purchase and delivery of weatherization materials as defined in §440.3 of the WAP Regulations, 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 §440.19 of the WAP Regulations; (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 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 this Contract 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.); (II) 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 Tenn 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 the "Budget and Performance Statement" attached hereto as Exhibit 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 Depai tiuent/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. Page 4 of 21 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 the "Budget and Performance Statement" attached hereto as Exhibit 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. Note: The pollution occurrence insurance is based on the number of units the Subrecipient plans to weatherize with all of the different funding sources, such as LIHEAP and DOE funds. E. Fiscal audit expenses for the weatherization program not to exceed One Thousand Dollars ($1,000.00) shall be allowed under the "Budget and Performance Statement" attached hereto as Exhibit A, subject to Section 15, "Procurement Standards F. To the maximum extent practicable, Subrecipient shall secure the services of volunteers to weatherize dwelling units under the direction of qualified supervisors. SECTION 9. RECORD KEEPING REQUIREMENTS A. Subrecipient shall comply with the record keeping requirements set forth at §440.24 of the WAP Regulations and §5.22 of the WAP State Rules 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, including the following Department forms found in the Community Affairs Division section of the Department's website at http://www.tdhca.state.tx.us/ea/fonns/index.htm (1) Signed and completed Application for Weatherization Services indicating the ages of the residents, presence in the household of children age five (5) or younger, Elderly Persons (60 years or older), as defined in the WAP State Rules, and Persons with Disabilities as defined in the WAP State Rules; (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 §440.22 of the WAP Regulations. 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; all new applications must have proof of income or a complete, signed and notarized, Declaration of Income Statement form, for the previous 30 days; (4) BWR to include certification of final inspection and Justification for Omission of Priorities if applicable; (5) Invoices of materials purchased and/or inventory removal sheets; (6) Invoices of labor; (7) If a rental unit, Landlord Agreement form, Landlord Financial Participation form and Landlord Permission to Perform Assessment & Inspections for Rental Units" form and all other landlord forms found in the Community Affairs Division section of the Department's website at http://www.tdhca.state.tx.us/ea/formsfindex.htm ; (8) "Notice of Denial and Appeal Rights," if applicable; (9) Signed and dated "Building Assessment" form, to include at a minimum, existing efficiencies of all heating and cooling appliances; (10) "Attic Inspection" form (local design allowed); (11) "Wall Inspection" form (local design allowed); Page 5 of 21 (12) Documentation of pre weatherization carbon monoxide readings for all combustible appliances; (13) Documentation of post weatherization carbon monoxide readings for all combustible appliances; (14) "Blower Door Performance Standards and Data Sheet' (15) "Duct Blower Data Sheet"; (16) Refrigerator metering information; (17) Signed client "Refrigerator Replacement Form" (if applicable); (18) Completed, signed and dated "Priority List" form (if applicable); (19) A complete copy of the approved State of Texas Energy Audit; (20) A complete "Energy Audit Data Collection Form" (local design allowed); (21) A complete electronic copy of the approved State of Texas Energy Audit; (22) Signed client receipt of the "Unified Weatherization Elements Notification Form" that includes Lead Hazard information, identification of Mold Like Substance, and State Historical Preservation information; and (23) Signed client receipt of "Mold -Like Substance Notification and Release Form for Texas Weatherization Programs" C. For each multi -family project weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a master file containing the following information: (1) "Multifamily Project Building Data Checklist"; (2) "Multifamily Project Completion Checklist"; (3) "Landlord Permission to Perform an Assessment and Inspections for Rental Units"; (4) "Landlord Agreement" form; (5) "Landlord Financial Participation Form"; and (6) Significant Data Required in all Multifamily Projects D. Materials standards documentation for weatherization materials purchased under this Contract must be maintained. These standards must meet the requirements according to Appendix A of Part §440 of the WAP Regulations. E 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 and in accordance with §§600.153 and 600.642 of the WAP Regulations. Subrecipient shall include the requirements of this Subsection in all subcontracts. F. 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 (Chapter 552 of the Texas Government Code). G. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures. SECTION 10. REPORTING REQUIREMENTS Page 6 of 21 A. Subrecipient shall electronically submit to Department no later than fifteen (15) days after the end of each month of the Contract Term a performance report listing demographic information on all units completed in the previous month and an expenditure report listing all expenditures of funds under this Contract during the previous month. These reports are due even if Subrecipient has no new activity to report during the month. Both reports shall be submitted electronically. B. Subrecipient shall electronically submit to Department no later than sixty (60) days after the end of the Contract Term a final expenditure and programmatic report. The failure of Subrecipient to provide a full accounting of all funds expended under this Contract may result in ineligibility to receive additional funds or additional contracts C. Subrecipient shall submit to Department no later than sixty (60) days after the end of the Contract Term an inventory of all vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of more than one year, if purchased in whole or in part with funds received under this or previous weatherization assistance program contracts. The inventory shall reflect the vehicles, tools, and equipment on hand as of the last day of the Contract Term. D. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be required by DOE pursuant to §440.25 of the WAP Regulations, by the U.S. Department of Health and Human Services, 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 Term. F. Subrecipient shall provide the Department with a Data Universal Numbering System (DUNS) number and a Central Contractor Registration (CCR) System number. The DUNS number must be provided in a document from Dun and Bradstreet and the current CCR number must be submitted from a document retrieved from the website at https://www.bpn.gov/ccr/default.aspx . These documents must be provided to the Department prior to the processing first payment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number for the entire Contract Term. SECTION 11. CHANGES AND AMENDMENTS A Any change, addition or deletion to the terms of this Contract required by a change in federal or state law or regulation is automatically incorporated herein and is effective on the date designated by such law or regulation, so long as the amendment request is submitted to the Department in writing and the Department approves it. B. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this Contract shall be in writing and executed by both Parties to this Contract. If any Party returns an executed copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission, to be its original signature. SECTION 12. PROGRAM INCOME Subrecipient shall account for and expend program income derived from activities financed in whole or in part with funds provided under this contract in accordance with the Uniform Grant Management Standards, Common Rule, §_.25, OMB Circular A-102, Attachment, 2e. SECTION 13. TECHNICAL GUIDANCE Department may issue technical guidance to explain the rules and provide directions on the terms of this Contract. SECTION 14. INDEPENDENT SUBRECIPIENT Page 7 of 21 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 15. PROCUREMENT STANDARDS A. Subrecipient shall comply with OMB Circular A-102, 10 C.F.R. §600.236(b-i) and 10 TAC §5.10. B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000 unless Subrecipient has received the prior written approval of Department for such purchase C. Upon the termination or non -renewal of this Contract, DepaiUuent may transfer title to any such property or equipment having a useful life of one year or more or a unit acquisition cost (the net invoice unit price of an item of equipment) of $5,000 or more to itself or to any other entity receiving Department funding. SECTION 16. SUBCONTRACTS A. 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. B. Every initial assessment, every approved State of Texas Energy Audit, and every final inspection is the sole responsibility of the Subrecipient. Subrecipients may request in writing that the Department permit the Subrecipient to subcontract the performance of assessments, audits and final inspections. The Department will review each request separately to determine whether the request will be granted. SECTION 17. AUDIT A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Contract, subject to the following conditions and limitations: (1) Subrecipients expending $500,000 or more in total Federal awards or $500,000 in total state financial assistance shall have an audit performed in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations" issued June 30, 1997. For purposes of Section 17, "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, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with OMB guidelines. 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 may 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. (3) Subrecipient shall submit three (3) copies of such audit report and any associated management letter to Department:, two (2) copies of the audit report to Department's Compliance and Asset Oversight Division and one (1) copy of the audit report to the Department's Community Affairs Division within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subrecipient shall make the audit report available for public inspection within thirty (30) days after receipt of the audit report(s). Audits performed under this Section 17 are subject to review and resolution by Department or its authorized representative. Subrecipient shall submit such audit report to the Federal clearinghouse designated by OMB in accordance with OMB A-I33. Page 8 of 21 (4) The audit report must include verification of all expenditures by budget category, in accordance with the "Budget and Performance Statement" attached as Exhibit A to this Contract. B. The cost of auditing services for a Subrecipient expending less than $500,000 in total Federal awards per fiscal year is not an allowable charge under Federal awards. C. Subsection A of this Section 17 notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Contract. Subrecipient agrees to permit Department or its authorized representative to audit Subrecipient's records and to obtain any documents, materials, or information necessary to facilitate such audit. D. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Contract. E. Subrecipient shall take such action to facilitate the performance of such audit or audits conducted pursuant to this section as Department may require of Subrecipient. F. Subrecipient shall procure audit services through an open, competitive process at least once every five years. The auditor shall retain working papers and reports for a minimum of three years after the date of directive of the auditor's report to the Subrecipient 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 section. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. G. For any fiscal year ending within or immediately after the Grant Period, Subrecipient must submit an "Audit Certification Form (available from the Department) within sixty (60) days after the Subrecipient's fiscal year end. SECTION 18. MANAGEMENT OF EQUIPMENT AND INVENTORY A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000 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 or more per unit must receive prior approval from the Department before the purchase is made. B. Subrecipient shall develop and implement a property management system, which conforms to the uniform administrative requirements referenced in Section 6 Subrecipient shall not use, transfer, or dispose of any property acquired in whole or in part with funds provided under this or a previous weatherization assistance program contract except in accordance with its own property management system C. Upon termination or non -renewal of this Contract, the Department may transfer the title of equipment to a third party named by the Department. Such a transfer shall be subject to the following standards: (1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in writing. (2) The Department will issue disposition instructions after receipt of final inventory. D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of $5,000 or more. Page 9 of 21 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 results with its property records at least once every year. Any differences between quantities determined by the inventory and those shown in the property records shall be investigated by Subrecipient to determine the cause of the difference. SECTION 19. 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 is encouraged to obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence items. Subrecipient should review existing policies to determine if lead contamination is covered. If it is not, Subrecipient should consider securing adequate coverage for all 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 Subrecipienfs 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 20. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action filed with a court or administrative agency against Subrecipient and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient shall furnish to Department copies of all pertinent papers received by Subrecipient with respect to such action or claim. SECTION 21. TECHNICAL ASSISTANCE AND MONITORING Department or its designee may conduct on and off -site monitoring and evaluation of Subrecipient's compliance with the terms of this Contract. Depai tinent's monitoring may include a review of the efficiency, economy, and efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide training and technical assistance to Subrecipient in correcting the deficiencies noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's accounting, personnel, procurement, and management procedures and systems in order to comply with State or Federal requirements. Department may conduct follow-up visits to review the previously noted deficiencies and to assess the Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs. Department may terminate or suspend this Contract or invoke other remedies Depaitaient determines to be appropriate in the event monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to correct any deficiency within a reasonable period of time, as determined by the Department. Department or its designee may conduct an ongoing program evaluation throughout the Contract Term. Page 10 of 21 SECTION 22. LEGAL AUTHORITY A. Subrecipient assures and guarantees that it possesses the legal authority to enter into this Contract, to receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform hereunder. The execution, delivery, and performance of this Contract will not violate Subrecipient's constitutive documents or any requirement to which Subrecipient is subject and represents the legal, valid, and binding agreement of Subrecipient, enforceable in accordance with its terms. B. 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 validly and legally bind Subrecipient to all terms, provisions and perfonnances herein. 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 on behalf of Subrecipient, to enter into this Contract or to render performances hereunder. Subrecipient is liable to Department for any money it has received for performance of the provisions of this Contract, if the Department has terminated this Contract for reason enumerated in this Section 22. SECTION 23. COMPLIANCE WITH LAWS A. FEDERAL. STATE AND LOCAL LAW. Subrecipient shall comply with the WAP Act, WAP Regulations, any applicable Office of Management and Budget (OMB) Circulars, the Texas DOE WAP State Plan; the WAP State Rules, and all federal, state, and local laws and regulations applicable to the performance of this Contract. B. DRUG -FREE WORKPLACE ACT OF 1988. The Subrecipient affirms by signing this Contract that it is implementing the Drug -Free Workplace Act of 1988. C. PRO -CHILDREN ACT OF 1994. Subrecipient shall follow the requirements of the Pro -Children Act of 1994, (20 U.S.C. Sec. 6081 et seq.) which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal programs either directly or through States or local governments by Federal grant, contract, loan or loan guarantee. D. LIMITED ENGLISH PROFICIENCY (LEP). Subrecipients must provide program applications, forms, and educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in compliance with the requirements in Executive Order 13166 of August 11, 2000. To ensure compliance, the Subrecipient must take reasonable steps to insure that persons with Limited English Proficiency have meaningful access to the program. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. SECTION 24. PREVENTION OF FRAUD AND ABUSE A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective management of all program and fiscal activities funded by this Contract. Subrecipient's internal control systems and all transactions and other significant events must be clearly documented and the documentation made readily available for review by Department. B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the weatherization program. Subrecipient shall fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any identified instances of waste, fraud, or abuse. C. Subrecipient may not discriminate against any employee or Contract or of any law or regulation to Department or to made in good faith. other person who reports a violation of the terms of this any appropriate law enforcement authority, if the report is SECTION 25. CERTIFICATION REGARDING UNDOCUMENTED WORKERS Page 11 of 21 Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient certifies that it, or a branch, division, or department of Subrecipient does not and will not knowingly employ an undocumented worker, where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipient is convicted of a violation under 8 U.S.C. Section 1324a(f), Subrecipient shall repay the public subsidy with interest, at a rate of five percent (5%) per annum, not later than the 120th day after the date the Department notifies Subrecipient of the violation. SECTION 26. CONFLICT OF INTEREST/NEPOTISM A. Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. B. No employee, officer, or agent of Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the Parties indicated herein, has a financial or other interest in the firm selected for an award. C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. Subrecipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subrecipient. D. Subrecipients who are local governmental entities shall, in addition to the requirements of this Section, follow the requirements of Chapter 171 of the Local Government Code regarding conflicts of interest of officers of municipalities, counties, and certain other local governments. E Failure to maintain written standards of conduct and to follow and enforce the written standards is a condition of default under this Contract and may result in termination of the Contract or deobligation of funds. SECTION 27. POLITICAL ACTIVITY PROHIBITED A. Funds provided under this Contract shall not 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. Funds provided under this Contract may not be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Subrecipient, the State of Texas, or the government of the United States. SECTION 28. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Contract, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. B. Subrecipient agrees to carry out an Equal Employment Opportunity Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. C. Subrecipient will include the substance of this Section 28 in all subcontracts. Page 12 of 21 SECTION 29. CERTIFICATION REGARDING CERTAIN DISASTER RELIEF CONTRACTS The Department may not award a Contract that includes proposed financial participation by a person who, during the five year period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or assessed a penalty in a federal, civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. By execution of this Contact, the Subrecipient hereby certifies that it is eligible to participate in this Program and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. SECTION 30. 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 §5.532 of the WAP State Rules. B. Travel funds are to be used only for Department -approved training events. Subrecipient shall adhere to OMB Circular A-122 and either its board -approved travel policy, or in the absence of such a policy, the State of Texas travel policies. SECTION 31. 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 32. DEBARRED AND SUSPENDED PARTIES By signing this Contract, Subrecipient certifies that neither it nor its current principle parties are included in the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA). Subrecipient also certifies that it will not make any award provided by this Contract to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to entering into any agreement with a potential subcontractor that the verification process to comply with this requirement will be accomplished by checking the EPLS at http:IIwww.epls.gov/ or by collecting a certification form the potential subcontractor SECTION 33. NO WAIVER Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy; neither 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. Page 13 of 21 SECTION 34. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the Parties relating to the subject matter of this Contract have been reduced to writing and are contained in this Contract. B. The attachments enumerated and denominated below are under this Contract: L Exhibit A, Budget and Performance Statement 2. Exhibit B, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements 3. Exhibit C, PRWORA Requirements 4. Exhibit D, Documentation of Disability SECTION 35. SEVERABILITY a part of this Contract and constitute promised performances If any section or provision portion of this Contract is held to be invalid jurisdiction, the remainder of it shall remain valid and binding. SECTION 36. HISTORICAL PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, requirements of Section 106 of the National Historic Preservation Act provided guidance through the Memorandum of Understanding with th Department's website under the Plans http://www.tdhca.state.tx.us/recovery/detail-wap.htm#plans. SECTION 37. USE OF ALCOHOLIC BEVERAGES or unenforceable by a court of competent the Subrecipient is required to comply with the (16 U.S.C. 470) (NHPA). The Department has e Texas Historical Commission posted on the and Agreements section at Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for the purchase of alcoholic beverages. SECTION 38. APPEALS PROCESS In compliance with the WAP Act, Subrecipient must provide an opportunity for a fair administrative hearing to individuals whose application for assistance is denied, terminated or not acted upon in a timely manner, according to §5.505 of the WAP State Rules. SECTION 39. FORCE MAJURE If the obligations are delayed by the following, an equitable adjustment will be made for delay or failure to perform hereunder: A. Any of the following events: (i) catastrophic weather conditions or other extraordinary elements of nature or acts of God; (ii) acts of war (declared or undeclared), (iii) acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; and (iv) quarantines, embargoes and other similar unusual actions of federal, provincial, local or foreign Governmental Authorities; and B. The non -performing party is without fault in causing or failing to prevent the occurrence of such event, and such occurrence could not have been circumvented by reasonable precautions and could not have been prevented or circumvented through the use of commercially reasonable alternative sources, workaround plans or other means. SECTION 40. TIME IS OF THE ESSENCE Time is of the essence with respect to Subrecipient's compliance with all covenants, agreements, terms and conditions of this Contract. Page 14 of 21 SECTION 41. COUNTERPARTS AND FACSIMILIE SIGNATURES This Contract may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or other electronic transmission, and any such signature shall have the same legal effect as an original. SECTION 42. NUMBER, GENDER Unless the context requires otherwise, the words of the masculine gender shall include the feminine, and singular words shall include the plural SECTION 43. NOTICE A. If notice is provided concerning this Contract, notice may be given at the following (herein referred to as "Notice Address"): As to Department: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS P.O. Box 13941 Austin, Texas 78711-3941 Attention: Michael De Young Telephone: (512) 475-2125 Fax: (512) 475-3935 E-mail address: michael.deyoung@tdhca.state.tx.us As to Subrecipient: B. All notices or other communications hereunder shall be deemed given when delivered, mailed by overnight service, or five days after mailing by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Address as defined in the above Subsection A of this Section 43. Page 15 of 21 SECTION 44. VENUE AND JURISDICTION This Contract is delivered and intended to be performed in the State of Texas. For purposes of litigation pursuant to this Contract, venue shall lie in Travis County, Texas. EXECUTED to be effective on : 4/1/2012 City of Fort Worth a political subdivision of the State of Texas By: Susan Alanis Title: Assistant City Manager Date: 9/5/2012 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS a public and official agency of the State of Texas By: Timothy K. Irvine Title: Its duly authorized officer or representative Page 16 of 21 TEXAS DEPARTMENT OF HOUSING AND CO LAITY AFFAIRS DEPARTMENT OF ENERGY CONTRACT NO. 56120001474 PERIOD APRIL 2, 2012 THROUGH MARCH 31, 2013 APPROVED AS TO FORM AND LEGALITY: Tyler Wfirlich Assistant City Attorney ATTEST: i/2/ ry J. Kayser City Secretary M&C C-25530 Dated: March 27, 2012 CITY OF FORT WORTH Atrottyott `Itk N1/21s 4`444 Qp©00000° If eel, AS <iv' t1.p By: Susan Alanis (signed electronically -see attached contract) Title: Assistant City manager Date: September 5, 2012 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine (signed electronically -see attached contract) Title: Its duly authorized officer or representative OFFICIAL RECORD CITY SECRETARY 0 MO Vis Tiler (] U TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 56120001474 FOR THE 2012 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042) EXHIBIT A BUDGET AND PERFORMANCE DOCUMENT City of Fort Worth a political subdivision of the State of Texas DEPARTMENT FINANCIAL OBLIGATIONS $ 98,217.00 $ 500.00 $ 98,217.00 $ 500.00 DOE FUNDS CURRENTLY AVAILABLE TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE TOTAL ANTICIPATED DOE FUNDS 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 2 Administration Liability / Pollution Occurrence Insurance Fiscal Audit 3 Materials / Program Support / Labor 4 Health and Safety SUB -TOTAL 5 Training and Technical Assistance TOTAL i • FUNDS $ 9,822.00 $ 7,581.00 $ 800.00 $ 64,011.00 $ 16,003.00 $ 98,217.00 $ 500.00 $ 98,717.00 Page 17 of 21 FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS: 1 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 90 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. 2 Denotes maximum for administration based on 10.00% of total allowable expenditures. 3 Denotes $2,000 for liability insurance and the remaining balance for pollution occurrence insurance. 4 Denotes the maximum allowed for Health and Safety expenditures. 5 Department approved training / travel only. PERFORMANCE Subrecipient's service area consists of the following Texas counties: TARRANT Subrecipient shall provide weatherization program services sufficient to expend the Contract funds during the Contract Term. WAP costs per unit, excluding health and safety expenses, shall not exceed S6,769.00 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: 4/1/2012 City of Fort Worth By Susan Alanis TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Timothy K. Irvine This Contract is not effective unless signed by the Executive Director of the Department or their authorized designee. Page 18 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO. 56120001474 FOR THE 2012 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042) EXHIBIT B CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS City of Fort Worth a political subdivision of the State of Texas The undersigned certifies, to the best of its knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is material representation of fact on which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Fort Worth a political subdivision of the State of Texas By: Susan Alanis Susan Alanis Title: Assistant City Manager Date: 9/5/2012 Page 19 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO, 56120001474 FOR THE FY 2012 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA # 81.042) EXHIBIT C PRWORA REQUIREMENTS City of Fort Worth , a political subdivision of the State of Texas If an individual is applying for WAP funds, a subrecipient must verify that the individual applying for WAP funds is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"), Pub. L. 104493, 110 Stat. 2105, codified at 8 U.S.C. § 1601 et. seq., as amended by the Omnibus Appropriations Act, 1997, Pub. L. 104-208. To ensure that anon -qualified applicant does not receive "federal public benefits," a unit of general purpose government that administers "federal public benefit programs" is required to determine, and to verify, the individual's alienage status before granting eligibility. 8 U.S.C. §1642 (a) and (b). Subrecipient must use the SAVE verification system to verify and document qualified alien eligibility. An exception to the requirement of verification of alienage status applies when the applicant's eligibility is detennined by a non-profit charitable organization. To be eligible for this exemption, an organization must be both "nonprofit" and "charitable." An organization is "nonprofit" if it is organized and operated for purposes other than making gains or profits for the organization, its member or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is "charitable" if it is organized and operated for charitable purposes. The term "charitable" should be interpreted in its generally accepted legal sense as developed by judicial decisions. It includes organizations dedicated to relief of the poor and distressed or the underprivileged, as well as religiously -affiliated organizations and educational organizations. Federal Register on November 17, 1997 at 62 Fed. Reg. 61344, Page 20 of 21 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NO, 56120001474 FOR THE FY 2012 DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA # 81.042) EXHIBIT D DOCUMENTATION OF DISABILITY City of Fort Worth , apolitical subdivision of the State of Texas 1. All WAP repairs, purchases and/or replacements of heating/cooling units are allowable only for eligible units for which a whole house assessment has been completed and either health and safety issues documented or an Energy Audit showing a Savings -to -Investment Ratio of 1 or greater for the repair, purchase and/or replacement has been completed. No other reason for repair, purchase and/or replacements, including medical reasons, shall be accepted. Under NO CIRCUMSTANCES should clients' medical information be collected or kept by Subrecipients. 2. Documentation of Disability must NOT include documentation from a medical professional such as a doctor's letter, but only other forms of documentation of disability such as Social Security or a Supplemental Security Income statement, and shall be kept in client's file to validate eligibility. Page 21 of 21 M&C .. Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL. ACT10N: Approved on 3/27/2012 -Ordinance No. 20140.03-2012 DATE: Tuesday, March 27, 2012 LOG NAME: 80TDHCAWAP2012-2013 REFERENCE NO.: **C-25530 SUBJECT• Authorize Acceptance of Two Grants from the Texas Department of Housing and Community Affairs for 2012-2013 Weatherization Assistance Program Up to a Total of $2,400,000.00, Authorize Related _Contracts, Authorize Waiver of Indirect Costs, Authorize lnterfund Loan and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of Weatherization Assistance Program Grant Funds in an amount up to $2,400,00.00 and authorize execution of two contracts with the Texas Department of Housing and Community Affairs for Program Year April 1, 2012 through March 31, 2013 as follows: Department of Energy $ 400,000.00 Low Income Housing Energy Assistance Program ,�2,00O,OOQ.QO Total $2,400,000.00 2. Authorize amendment, extension or renewal of the contracts in accordance with City policies and regulations upon mutual Agreement with theTexas Department of Housing and Community Affairs; 3. Authorize waiver by the City of indirect costs; 4. Authorize non -interest bearing intertund loan from the General Fund to the Grants Fund in the amount of $100,000.00 for interim financing for the Department of Energy Grant Project and $300,000.00 interim financing for the Low Income Housing Energy Assistance Program Grant Project for a total interfund loan of $400,000.00 pending contract execution; and 5. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $2,400,000.00 subject to receipt of the grants. 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. This program serves low-income residents in Tarrant County by weatherizing their houses. Weatherization measures include attic insulation, weather-stripping, caulking, repair and/or replacement of windows and doors and other minor repairs. Administrative costs are restricted to five percent of the Department of Energy (DOE) grant and seven percent of the Low Income Housing Energy Assistance Program (LIHEAP) grant based on the total allowable expenditures for the WAP. Under the current grant, the City has weatherized approximately 250 houses in Tarrant County. With this grant, Parks and Community Services Department Staff will target 375 houses in Fort Worth and Tarrant http://apps.cfwnet.org/ecouncil/printmc.asp?id=1 d532&pr0nt=tru.... 9/19/2012 M&C - Council Agenda Page 2 of 2 County, 45 under the DOE grant and 330 under the LIHEAP grant. A waiver by the City of indirect casts will maximize program benefits. Interim financing from a non -interest bearing interfund loan from the General Fund to the Gran#s Fund in the amount of $400,000.00 is necessary in order to provide for transition from one grant funding program period to the next. This program services ALL COUNCIL DISTRICTS. 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. Upon execution of the grant contracts, interim funding will be returned to the General Fund. FUND CENTERS: TO Fund/Account/Centers GR76 GR76 488954 080200584000 5(VARIOUS) 080200584XXX GR76 488954 080200585000 3R76 5(VARIOUS) 080200586XXX GR76 220001 080200584000 3R76 220001 080200585000 FROM Fund/Account/Centers $400,000.OQ GG01 136(76 0000000 E. � t ��iTrIi1<iI�7 �100.goo .00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 1. 80TDHCAWAP2012-2013 A012.doc (Public) http : //apes. cfwnet, org/ecouncil/printmc. asp?id=165 3 2&print=tru... 9/ 19/2012