HomeMy WebLinkAboutContract 46977 (2)ate TRACT
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TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
SECTION 1. PARTIES TO THE CONTRACT
This Department of Energy ("DOE") Weatherization Assistance Program Contract ("Contract") is made by and
between the Texas Department of Housing and Community Affairs, a public and official agency of the State of
Texas ("Department") and City of Fort Worth, a politcal subdivision of the State of Texas ("Subrecipient").
SECTION 2. CONTRACT TERM
This Contract shall commence on July 21, 2015, and, unless earlier terminated, shall end on June 30, 2016
("Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
A. Subrecipient shall implement a Weatherization Assistance Program (WAP) in accordance with the provisions
of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et
seq.) ("WAP Act"), the Department of Energy Act as amended (42 U.S.C. §8621 et seq.) ("DOE Act"), the
U.S. Department of Energy (DOE) implementing regulations codified in 10 C.F.R. Parts 440 and 600 ("WAP
Regulations"), any applicable Office of Management and Budget (OMB) Circulars, the Texas DOE State
Plan, including the Health and Safety Plan, and the implementing State regulations at Title 10, Part I,
Chapters 1 and 2 of the Texas Administrative Code and Title 10, Part I, Chapter 5, Subchapters A, E and F of
the Texas Administrative Code, as amended or supplemented from time to time (collectively, "WAP State
Rules"). The work will be completed in accordance with the International Energy Conservation Code and the
minimum requirements set in the State of Texas adopted International Residential Code or in jurisdictions
authorized by State law to adopt later editions.
B. 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; the Budget and
Performance Statement attached hereto as Exhibit A; the Personal Responsibility and Work Opportunity Act
of 1996 ("PRWORA") Requirements for the WAP attached hereto as Exhibit B; the Documentation of
Disability requirements attached hereto as Exhibit C; Materials and Work Standards attached hereto as
Exhibit D; and the Certifications attached hereto as Addendums A, B, C and D; the assurances, certifications,
and all other statements made by Subrecipient in its application funding under this Contract; and with all
other terms, provisions, and requirements herein set forth. All such Exhibits and Certifications 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.
C. 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. Before commencing any weatherization work, Subrecipients are required to complete
energy audits.
D. Subrecipient is responsible for providing services as required by the DOE Standard Work Specifications
(SWS). The SWS requirements for Single family homes, Manufactured and Mulitfamily housing can be
accessed at https://sws.nrel.gov/. If these specifications are not followed, payment shall not be made to
sub -contractor.
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. _
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 25
B. Department's obligations under this Contract are contingent upon the actual receipt by Department of
adequate 2015 DOE WAP federal funds. If sufficient funds are not available to make payments under this
Contract, Department shall notify Subrecipient in writing within a reasonable time after such fact is
determined. Department may then terminate this Contract and will not be liable for the failure to make any
payment to Subrecipient under this Contract. Department acknowledges that it has received obligations from
those sources which, if paid will be sufficient to pay the allowable costs incurred by Subrecipient under this
Contract.
C. Department is not liable for any cost incurred by Subrecipient which:
(1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defined in §440.22 of
the WAP Regulations;
(2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal,
state, or local program within twelve months from the date weatherization of the dwelling unit is
scheduled to be completed;
(3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided for
m §440.18(e)(2) of the WAP Regulations;
(4) is for Subrecipient's administrative costs incurred in excess of the maximum limitation set forth in
Section 8 of this Contract;
(5) is not incurred during the Contract Term,
(6) is not reported to Depaitment on a monthly expenditure or performance report, within forty five (45)
days following the end of the Contract Term,
(7) is subject to reimbursement by a source other than Depaitment, 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 Depaitment 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 $187,490.00.
SECTION 5 METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of WAP funds under this Contract. As per the
Uniform Grant Management Standards, 34 T.A.C. §20.421 et seq. (herein "UGMS"), Subrecipient's requests
for advances shall be limited to the amount needed and be timed to be in accordance with actual immediate
cash requirements of the Subrecipient in carrying out the purpose of this Contract.
B. 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 the Depaitment reserves the right to use a modified cost reimbursement
method of payment for all funds, whereby reimbursement of costs incurred by a Subrecipient is made only
after the Department has reviewed and approved backup documentation provided by the Subrecipient to
support such costs for all funds if (1) Department determines that Subrecipient has maintained excess cash
balances; (2) Department identifies any deficiency in the cash controls or financial management system
maintained by Subrecipient; (3) Department identifies any deficiency in the quality of weatherization work
performed by Subrecipient; (4) Department determines that a modified cost reimbursement method would
benefit the program; (5) Department's funding sources require the use of a modified cost reimbursement
method; or (6) Subrecipient fails to comply with any of the reporting requirements of Section 10
D. Subsection 4(A) notwithstanding, the Department reserves the right to deobligate funds under this Contract.
E. 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 25
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 the UGMS. All references therein to "local
government" shall be construed to mean Subrecipient.
B. Uniform cost principles for political subdivisions 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 political
subdivisions are set forth in OMB Circular A-102. Part 215. 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 Depaitment 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 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. 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 this Contract if Department identifies possible instances of fraud abuse, waste, fiscal
mismanagement, or other 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. 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 otherwise 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. Subrecrpient'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 Subrecrpient's costs incurred in the performance of this Contract shall be determined in
accordance with the provisions of Sections 4 and 5 of this Contract and the regulations set forth in §440.18 of
the WAP Regulations, subject to the limitations and exceptions set forth in this Section.
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 otherwise indicated as health
andsafety or mcrdental repair items. Weatherizatron measures installed shall begin with those having the
greatest SIR (on approved State of Texas Energy Audit) and proceed rn 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 25
C. Allowable WAP expenditures under this Contract include:
(1) the purchase and delivery of weatherization materials as defined in §440.3 of the WAP Regulations, but
not to include storm doors;
labor costs for doors, primary windows and storm windows that will result rn approved energy savings
with SIR of one or greater in accordance with §440.19 of the WAP Regulations;
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;
transportation of weatherization and repair materials, tools, equipment, and work crews to a storage site
and to the site of weatherization work;
mamtenance, operation, and insurance of vehicles used to transport weatherization materials;
mamtenance of tools and equipment;
purchase of tools, equipment, and vehicles (purchase of vehicles must be approved in advance by DOE);
employment of on -site supervisory personnel;
storage of weatherrzation materials, tools, and equipment;
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10) incidental to
repairs are
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.);
(11) allowable health and safety measures; and
(12) allowable base load reduction measures.
D. Health and Safety funds not expended may be moved to the labor, materials, and program support category.
These changes will require a contract action therefore, Subrecipient must provide written notification to the
Department at least forty-five (45) days prior to the end of the Contract Term before these funds can be
moved.
(such
repairs
repairs
necessary
as
for
roofs,
walls,
floors,
the effective performance or
and other parts of a dwelling unit)
if
such
preservation of weatherization measures (If
E. 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 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
forty-five (45) days prior to the end of the Contract Term before these funds can be moved.
F. The cost of liability insurance for the weatherization program for personal injury and for property damage,
not to exceed Two Thousand and No/100 Dollars ($2,000.00) shall be an allowable WAP expenditure under
the "Budget and Performance Statement" attached hereto as Exhibit A.
G. Fiscal audit expenses for the weatherization program not to exceed Eight Hundred and No/100 Dollars
($800.00) shall be allowed under the "Budget and Performance Statement' attached hereto as Exhibit A,
subject to Section 14, Procurement Standards.
H. To the maximum extent practicable Subrecipient shall secure the services of volunteers to weatherize
dwelling units under the direction of qualified supervisors.
SECTION 9. RECORD KEEPING REQUIREMENTS
A. 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 herein
by Department.
Page 4 of 25
B. For each dwelling unit weatherized with funds received from WAP under this Contract, Subrecipient shall
mamtain 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/community-affairs/wap/guidance.htm#forms:
(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. Date
of Application for Weatherization Services and associated documents must be within 12 months of the
start date indicated on the building weatherization report (BWR);
(2) Twelve month consumer billing history for utilities;
(3) Consumption disclosure release form (for access to consumption data for use in surveys and studies);
(4) Eligibility and Eligibility documentation:
a. Subrecipient should follow 10 T.A.C. §5.19 for client eligibility.
b. Documentation/venfication of client income for the thirty (30) days preceding their application for
all household members eighteen (18) years and older, or Declaration of Income Statement (DIS) (if
applicable) In order to use the DIS form, each Subrecipient shall develop and implement a written
policy and procedure on the use of the form, including policies requiring a client statement of efforts
to obtain documentation of income with a notarized client signature; as outlined m §5.19(f) of the
State Rules. Proof of income documentation requirements are the same for both single and
multifamily housing, unless the building is identified by the U.S. Department of Housing and Urban
Development (}{UD) and included on a list published by DOE, that building meets certain income
eligibility and may meet other WAP requirements without the need for further evaluation or
verification. All proof of income must reflect earnings from within 12 months of the start date
indicated on the building weatherization report (BWR).
c. No dwelling unit shall be weatherized without documentation that the dwelling unit is an eligible
dwelling unit as defined m §440.22 of the WAP Regulations.
(5) BWR to include certification of final inspection and Justification for Omission of Priorities if applicable;
(6) Invoices of materials purchased or inventory removal sheets;
(7) Invoices of labor;
(8) If a rental unit Landlord Agreement form, Landlord Financial Participation form and Landlord
Permission to Perform Assessment & Inspections for Rental Units" form and all other landlord forms
found in the Community Affairs Division section of the Department's website at
http://www.tdhca.state.tx.us/community-affairs/wap/docs/10-WAPLandlord.pdf ;
(9) 'Notice of Denial and Appeal Rights," if applicable;
(10) Signed and dated "Building Assessment" form, to include at a minimum, existing efficiencies of all
heating and cooling appliances•
(11) 'Attic Inspection" form (local design allowed);
(12) 'Wall Inspection" form (local design allowed);
(13) Documentation of pre weatherization carbon monoxide readings for all combustible appliances;
(14) Documentation of post weatherization carbon monoxide readings for all combustible appliances;
(15) 'Blower Door Performance Standards and Data Sheet"•
(16) 'Duct Blower Data Sheet";
(17) Refrigerator metering information;
(18) Signed client "Refrigerator Replacement Form" (if applicable);
(19) Completed, signed and dated "Priority List" form (if applicable);
(20) A complete copy of the approved State of Texas Energy Audit;
(21) A complete "Energy Audit Data Collection Form" (local design allowed);
(22) A complete electronic copy of the approved State of Texas Energy Audit;
(23) 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
(24) Signed client receipt of "Mold -Like Substance Notification and Release Form for Texas Weatherzation
Programs '.
Page 5 of 25
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)
(2)
(3)
(4)
(5)
(6)
"Multifamily Project Building Data Checklist";
"Multifamily Project Completion Checklist";
"Landlord Permission to Perform an Assessment and Inspections for Rental Units";
"Landlord Agreement" form;
"Landlord Financial Participation Form", and
Significant Data Required in all Multifamily Projects
D. Materials standards documentation for weatherization material purchased under this Contract must be
maintained. These standards must meet the requirements according to Appendix A to Part 440 of the WAP
Regulations.
E. 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
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 forty-five (45) 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 forty-five (45) 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 tools and equipment on hand as
of the last day of the Contract Term.
D. Subrecipient shall update the Previously Weatherized Units database no later than fifteen (15) days after the
end of each month of the Contract Term for units weatherized under this Contract.
E. 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 Depai lnient.
F. 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 (mcluding a report of audit) from a prior Contract Term.
Page 6 of 25
G. 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.sam.gov. 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 Depai fluent
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.
C. Written requests for Contract amendment must be received by the Department by no later than forty-five (45)
days prior to the end of the Contract Term.
SECTION 12. PROGRAM INCOME
Subrecipient shall account for and expend program income derived from activities financed in whole or in part
with funds provided under this contract in accordance with the Uniform Grant Standards Common Rule, §_.25,
OMB Circular A-102 Attachement 2e..
SECTION 13. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor.
SECTION 14. 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, Department may transfer title to any such property or
equipment having a useful life of one year or more or a unit acquisition cost (the net invoice unit price of an
item of equipment) of $5,000 or more to itself or to any other entity receiving Department funding.
SECTION 15. SUBCONTRACTS
A. Subrecipient may not subcontract the primary performance of this Contract, including but not limited to
expenditure and performance reporting and drawing funds through the Community Affairs Contract System.
Subrecipient may subcontract for the delivery of client assistance without obtaining Department's prior
approval. Any subcontract for the delivery of client assistance will be subject to monitoring by the
Department as per Section 20. Subrecipient shall inspect all subcontractors' work and shall be responsible for
ensuring that it is completed in a good and workmanlike manner. Subrecipient shall make no payment to
subcontractor until all work is complete and has passed a final inspection.
B. In no event shall any provision of this Section 15, specifically the requirement that Subrecipient obtain
Department's prior written approval of a subcontractor, be construed as relieving Subrecipient of the
responsibility for ensurmg that the performances rendered under all subcontracts are rendered so as to
comply with all of the terms of this Contract, as if such performances rendered were rendered by
Subrecipient. Department's approval under this section does not constitute adoption, ratification or
acceptance of Subrecipient's or subcontractor's performance hereunder. Department maintains the right to
monitor and require Subrecipient's full compliance with the terms of this Contract. Department's approval
under this section does not waive any right of action which may exist or which may subsequently accrue to
Department under this Contract.
Page 7 of 25
C. 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 16. 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 16, "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 two (2) copies of such audit report and any associated management letter to
Department's Compliance and Asset Oversight 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 submit
such audit report to the Federal Clearinghouse designated by OMB m accordance with OMB A-133. In
conjunction with its Single Audit submission to the Department the Subrecipient shall provide
documentation reflecting its submission of the Audit to the Federal Clearinghouse. Subrecipient may
email an electromc version of the Audit and Federal Clearinghouse documentation to the Compliance
Division at saandacf0tdhca.state.tx.us <mailto:saandacfntdhca.state.tx us>. 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 16 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-133.
(4) The audit report must include verification of all expenditures by budget category, in accordance with the
' Budget and Performance Statement" as Exhibit A of 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 16 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 DepaiUnent 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. Subsection A of this Section 16 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 Subsection 16(A)(4) of this Section.
F. 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.
G. 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.
Page 8 of 25
H. For any fiscal year ending within or immediately after the Contract Term, Subrecipient must submit an 'Audit
Certification Form (available from the Department) within sixty (60) days after the Subrecipient's fiscal year
end.
SECTION 17 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
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 mventory and those shown in the
property records shall be investigated by Subrecipient to determine the cause of the difference.
SECTION 18. BONDING AND INSURANCE REQUIREMENTS
A. If Subrecipient will enter in to a contract for weatherization activities with a third -party in the amount of
$25,000 or greater, Subrecipient must execute with the contractor a payment bond in the full amount of the
contract. If the Subrecipient enters into a contract with a prime contractor in excess of $ 100,000, a
performance bond in the full amount of the contract is also required. These bonds must be executed by a
corporate surety authorized to do business m Texas, a list of which may be obtained from the State Insurance
Depaitnient. Such assurances of completion will run to the Depaitnient as obligee and must be documented
prior to the start of weatherization activities.
B. The Subrecipient is basically a self -funded entity subject to statutory tort laws and, as such, generally, it does
not maintain a commercial general liability insurance and/or auto liability policy.
C. Subrecipient should consider securing adequate coverage for all units to be weatherized. 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 Subrecipient should get a legal opinion
regarding the best course to take for implementing the pollution occurrence insurance coverage.
D. Subrecipients must also require all contracting independent subcontractors to have general liability insurance.
If pollution occurrence insurance is elected by the Subrecipient, this insurance coverage must apply for its
independent subcontractors or the independent subcontractors must obtain the coverage.
Page 9 of 25
SECTION 19. 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 20. TECHNICAL ASSISTANCE AND MONITORING
A. Department may issue technical guidance to explain the rules and provide directions on the terms of this
Contract. Installation of weatherization materials shall be in accordance with the Material Installation
Standards Manual.
B. Department or its designee may conduct on and off -site monitoring and evaluation of Subrecipient's
compliance with the terms of this Contract. Department's monitoring may mclude a review of the efficiency,
economy, and efficacy of Subrecipient's performance. Department will notify Subrecipient in writing of any
deficiencies noted during such monitoring. Department may provide training and technical assistance to
Subrecipient in correcting the deficiencies noted. Department may require corrective action to remedy
deficiencies noted in Subrecipient's accounting, personnel, procurement, and management procedures and
systems in order to comply with State or Federal requirements. Department may conduct follow-up visits to
review the previously noted deficiencies and to assess the Subrecipient's efforts made to correct them
Repeated deficiencies may result in disallowed costs. Department may terminate or suspend this Contract or
invoke other remedies Department determines to be appropriate in the event monitoring reveals material
deficiencies m Subrecipient's performance, or Subrecipient fails to correct any deficiency within a reasonable
period of time, as determined by the Department. Department or its designee may conduct an ongoing
program evaluation throughout the Contract Term.
SECTION 21. 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 performances 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 from Department for performance of the provisions of this Contract, if the Department has
terminated this Contract for reasons enumerated in this Section 21.
D. Subrecipient understands that it is an event of default under this Contract upon the liquidation, termination,
dissolution, merger, consolidation or failure to maintain good standmg in the State of Texas, and such is not
cured prior to causing material harm to Subrecipient's ability to perform under the terms of this Contract.
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL. STAl'E 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.0 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.
Page 10 of 25
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 provide language
assistance services, including oral and written translation, where necessary.
SECTION 23. PREVENTION OF FRAUD AND ABUSE
A. Subrecipient shall establish, maintain, and utilize internal control systems and procedures sufficient to
prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and
effective management of all program and fiscal activities funded by this Contract. Subrecipient's internal
control systems and all transactions and other significant events must be clearly documented and the
documentation made readily available for review by Department.
B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the
purpose of monitoring or investigating the WAP. Subrecipient shall fully cooperate with Depaitunent's efforts
to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the
Department of any identified instances of waste, fraud, or abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms
of this Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if
the report is made in good faith.
SECTION 24. CERTIFICATION REGARDING UNDOCUMENTED WORKERS
Pursuant to Chapter 2264 of the Texas Government Code, by execution of this Contract, Subrecipient hereby
certifies that Subrecipient/Local Operator, or a branch, division, or department of Subrecipient does not and will
not knowingly employ an undocumented worker where "undocumented worker" means an individual who, at the
time of employment, is not lawfully admitted for permanent residence to the United States or authorized under
law to be employed in that manner in the United States. If, after receiving a public subsidy, Subrecipient, or a
branch, division or department of Subrecipient is convicted of a violation under 8 U.S C. 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 25. 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 herem, 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
anythmg 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.
Page 11 of 25
SECTION 26. 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 m 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 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 27. 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 Section 27 in all subcontracts.
SECTION 28. 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 Contract, the Subrecipient/Local Operator 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 29. 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 87 and either its board -approved travel policy, or in the absence of such a policy, the State of
Texas travel policies.
SECTION 30. 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.
Page 12 of25
SECTION 31. DEBARRED AND SUSPENDED PARTIES
By signing this Contract, Subrecipient certifies that neither it nor its current principle parties are
Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA)
the
Certification Regarding Debarment, Suspension and Other
Responsibility Matters atta
Addendum D and incorporated herein for all relevant purposes. The terms
"suspended", "ineligible", "lower tier covered transaction", ' participant", "person",
transaction',
included in the
as provided in
ched
"covered transaction' ,
hereto as
' debarred"
"primary covered
"principal", "proposal", and `voluntarily excluded", as used in the certification attached as
Addendum D, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. Subrecipient also certifies that it will not 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 System for Award Management (SAM) at www sam.gov and including a copy of the results in its
project files. Subrecipient may decide the frequency by which it determines the eligibility of its subcontractors.
Subrecipient may rely upon a certification of a prospective subcontractor that is not proposed for debarment under
48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,
unless Subrecipient knows that the certification is erroneous. Failure of Subrecipient to furnish the certification
attached hereto as Addendum D or an explanation of why it cannot provide said certification shall disqualify
Subrecipient from participation under this Contract. The certification or explanation will be considered in
connection with the Department's determination whether to continue with this Contract. Subrecipient shall
provide immediate written notice to Department if at any time Subrecipient learns that the certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. Subrecipient further
agrees by executing this Contract that it will include the certification provision titled "Certification Regarding
Debarment, Suspension Ineligibility and Voluntary Exclusive -Subcontracts," as set out in Addendum D, without
modification, and this language under this Section 31, in all its subcontracts.
SECTION 32. NO WAIVER
No right or remedy given to Department by this Contract shall preclude the existence of any other right or
remedy nor hall 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 33. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties relating to the subject matter of this Contract have been
reduced to writing and are contained in this Contract.
B. The attachments enumerated and denominated below are a part of this Contract and constitute promised
performances under this Contract.
1. Addendum A, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements
2. Addendum B - Certification Regarding Drug -Free Workplace Requirements
3. Addendum C - Certification Regarding Environmental Tobacco Smoke
4. Addendum D - Certification Regarding Debarment, Suspension and Other Responsibility Matters
5. Exhibit A, Budget and Performance Statement
6. Exhibit B, PRWORA Requirements
7. Exhibit C, Documentation of Disability
8. Exhibit D, Materials and Work Standards
SECTION 34. SEVERABILITY
If any section or provision portion of this Contract is held to be invalid or unenforceable by a court of competent
Jurisdiction, the remainder of it shall remain valid and binding.
Page 13 of 25
SECTION 35 HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with
the requirements of Section 106 of the National Historic Preservation Act (16 U.S.C. 470) (NHPA). The
Department has provided guidance through the best practice document posted on the Department's website at
http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-BP-HistoricPresFlowchart pdf.
SECTION 36. USE OF ALCOHOLIC BEVERAGES
Funds provided under this Contract may not be used for the payment of salaries to any Subrecipient's employees
who use alcoholic beverages while on active duty, for travel expenses expended for alcoholic beverages, or for
the purchase of alcoholic beverages.
SECTION 37 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.
Subrecipient must establish a denial of service complaint procedure in accordance with §5.505 of the WAP State
Rules.
SECTION 38. SPECIAL CONDITIONS
Subrecipient shall accept applications for WAP benefits at sites that are geographically accessible to all
households in the service area. Subrecipient shall provide elderly and disabled individuals the means to submit
applications for WAP benefits without leaving their residence or by securing transportation for them to the sites
that accept such applications.
SECTION 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), (nt) 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.
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.
Page 14 of 25
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
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
4200 South Fwy Ste 2200
Fort Worth, TX 761151415
Attention: Susan Alanis Assistant City Manager
Telephone: (817) 392-8180 Fax: (817) 392-6134 Email. susan.alanis@fortworthtexas.gov
B. All notices or other communications hereunder shall be deemed given when dehvered, mailed by ovemight
service, or five days after mailing by certified or registered mail, postage prepaid, return receipt requested,
addressed to the appropriate Notice Address as defined m the above Subsection A of this Section 43.
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 he m Travis County, Texas.
EXECUTED to be effective on: 7/21/2015
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: July 26, 2015 12:10 pm
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
Date: July 27, 2015 1:45 pm
Page 15 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
DEPARTMENT OF ENERGY CONTRACT NO. 561500002260
APPROVED AS TO FORM AND LEGALITY:
Tyler Wallacher
Assistant City Attorney
ATTEST:
Mary J. Kay
City Secreta
M&C C-27071
Dated: November 4, 2014
CITY OF FORT WORTH
Susan Alanis (signed electronically -see attached contract)
Title: Assistant City manager
ate: July 26, 2015
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Timothy K. Irvine (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: July 27, 2015
OFFICIAL RECORD
CITY SECRETARY
iyTo NORTH, TX
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
ADDENDUM A
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 mfluencmg or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal
amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress m 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 of the U S. Code. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned certifies, to the best of its knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbymg," in
accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code Any person who fails to file the required statement
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: July 26, 2015 12:10 pm
Page 16 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
ADDENDUM B
Certification Regarding Drug -Free Workplace Requirements
City of Fort Worth
a political subdivision of the State of Texas
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988: 45 CFR
Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645 (a)(1) and (b) provide that a Federal agency may
designate a central receipt point for STATE-WIDE AND STATE AGENCY -WIDE certifications, and for
notification of criminal drug convictions. For the Department of Health and Human Services, the central point
is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health
and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
The undersigned certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about -
The dangers of drug abuse in the workplace;
The grantee's policy of maintaining a drug -free workplace;
Any available drug counseling, rehabilitation, and employee assistance programs; and
The penalties that may be imposed upon employees for drug abuse violations occurring m the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under paragraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title, to every grant officer or other designee on whose grant activity
the convicted employee was working, unless the Federal agency has designated a central point for the receipt
of such notices. Notice shall include the identification number(s) of each affected grant
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2),
with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs (a), (b), (c) (d), (e) and (f).
Place(s) of Performance [site(s) for the performance of work done in connection with the specific grant] (include
street address, city, county, state, zip code):
(1)
(2)
(3)
(4)
1.
2.
3.
4.
Page 17 of 25
Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites
where work under the grant takes place. Categorical descriptions may be used (e.g. all vehicles of a mass
transit authority or State highway depailment while in operation, State employees in each local
unemployment office, performers in concert halls or radio studios). If Subrecipient does not identify the
workplaces at the time of application, or upon award, if there is no application, the Subrecipient must keep
the identity of the workplace(s) on file in its office and make the information available for Federal inspection.
Failure to identify all known workplaces constitutes a violation of the Subrecipient's drug -free workplace
requirements.
This certification is a material representation of fact upon which reliance is placed when the Department awards
the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates
the requirements of the Drug -Free Workplace Act, Department, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug -Free Workplace Act.
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: July 26, 2015 12:10 pm
Page 18 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
ADDENDUM C
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies to the following:
Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994,
requires that smoking not be permitted in any portion of any indoor facility routinely owned or leased or
contracted for by an entity and used routinely or regularly for provision of health, day care, education or
library services to children under the age of 18, if the services are funded by Federal programs either directly
or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not
apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid
funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 per day and/or
the imposition of' an administrative compliance order on the responsible entity. By signmg and submitting
this Contract, the Subrecipient certifies that it will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the language of this certification be included in any
subawards which contain provisions for the children's services and that all subgrantees shall certify
accordingly.
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: July 26, 2015 12:10 pm
Page 19 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
ADDENDUM D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
City of Fort Worth
a political subdivision of the State of Texas
The undersigned certifies, to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal department or agency;
(b) Have not within a three-year period precedmg this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
Where the undersigned Subrecipient is unable to certify to any of the statements in this certification, such
Subrecipient shall attach an explanation of why it cannot provide said certification to this Contract.
The undersigned Subrecipient further agrees and certifies that it will include the below clause titled `Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Subcontracts/Lower Tier Covered
Transaction," without modification, in all subcontracts and in all solicitations for subcontracts:
"CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - SUBCONTRACTS/LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant/subcontractor certifies, by submission of this proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant/subcontractor is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
LOWER TIER PARTICIPANT/SUBCONTRACTOR:
[Signature]
Printed Name:
Title:
Date:
This certification is a material representation of fact upon which reliance is placed when the Department awards
the grant. If it is later determined that Subrecipient knowingly rendered an erroneous certification, in addition to
any other remedies available to the Federal Government, the Department may terminate this Contract for cause or
default
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: July 26, 2015 12:10 pm
Page 20 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 177,490.00
$ 10,000.00
$ 177,490.00
$ 10,000.00
DOE WAP FUNDS CURRENTLY AVAILABLE
TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
TOTAL ANTICIPATED DOE WAP 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
3 Liability / Pollution Occurrence Insurance
Fiscal Audit
Materials / Program Support / Labor
4 Health and Safety
SUB -TOTAL
i
5 Training and Technical Assistance
TOTAL
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
i
FUNDS
$ 18,749.00
$ 5,967.00
$ 800.00
$ 121,579.00
$ 30,395.00
$ 177,490.00
$ 10,000.00
$ 187,490.00
Denotes that the Subrecipient must request m writing any amendment
TDHCA will make any amendments. The only categories that can
Insurance, Fiscal Audit, Training and Technical Assistance and/or
needed to a budget category before
be reduced are the Administration,
the Health and Safety categories.
Subrecipients are limited to two (2) requested budget amendments during the current Contract Term. Only
those written request(s) from the subrecipients received at least forty-five (45) days prior to the end of
the Contract Term will be reviewed. TDHCA may decline to review written requests received during
the final 45 days of the Contract Term.
2 Denotes maximum dollar amount permitted for administration based on 10.00% of the total allowable
expenditures excluding travel for training.
3 Denotes maximum $2,000 for liability insurance and the remaining balance for pollution occurrence
insurance
Page 21 of 25
4 Denotes the maximum allowed for Health and Safety expenditures.
5 Department approved framing / travel only The Department must pre -approve any trammg and travel
expenses
PERFORMANCE
Subrecipient's service area consists of the following Texas counties:
TARRANT
Work orders must be submitted to weatherization contractors no later than June 30 2016 for any weatherization
activities to be completed under this Contract All weatherization activities mcludmg final inspection must be
completed no later than July 31, 2016.
Subrecipient may incur costs associated with the closeout of this Contract. These activities include but are not
limited to: payment of invoices, and quality assurance activities for a period no to exceed 45 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 10 of this Contract.
Subrecipient shall provide weatherization program services sufficient to expend the Contract funds during the
Contract Term WAP costs per unit (materials, labor and program support), excluding health and safety expenses,
shall not exceed $7,105.00 total cost per unit without prior written approval from the Department. The
cumulative total cost per unit (materials, labor, and program support), shall not exceed the maximum allowable by
end of the Contract Term.
Page 22 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUN'ITY AFFAIRS
CONTRACT NO. 56150002260 FOR THE FY 2013
DOE WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
EXHIBIT B
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. 104 193, 110 Stat. 2105 codified at 8 U.S.C. § 1601 et. sec., as amended by the
Omnibus Appropriations Act, 1997, Pub. L. 104-208.
To ensure that a non -qualified applicant does not receive "federal public benefits," a unit of general purpose
government that administers ` federal public benefit programs' is required to determine and to verify, the
individual s alienage status before granting eligibility. .(8 U.S C. §1642 (a) and (b)) Subrecipient must use the
SAVE verification system to verify and document qualified alien eligibility.
An exception to the requirement of verification of alienage status applies when the applicant's eligibility is
determined 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 23 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
EXHIBIT C
DOCUMENTATION OF DISABILITY
City of Fort Worth
a political subdivision of the State of Texas
1. All WAP repairs purchases and/or replacements of heating/coolrng 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. Except if required by federal law, documentation of disability must NOT include protected health
information as defined in the Texas Health and Safety Code, Subtitle I, Chapter 181.
Page 24 of 25
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 56150002260 FOR THE
FY 2015 U.S. DEPARTMENT OF ENERGY WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 81.042)
EXHIBIT D
MATERIALS AND WORK STANDARDS
City of Fort Worth
a political subdivision of the State of Texas
1. Subrecipient shall weatherize eligible dwelling units usmg only weatherization materials which meet or
exceed the standards prescribed by DOE in Appendix A of 10 CFR Part 440.
2. All weatherizatton measures installed shall meet or exceed the standards prescribed by DOE in
Weatherization Program Notice (WPN) 15-4 regarding Standard Work Specifications, as detailed in the
Department's Materials Installation Standards Manual. Materials Installation Standards Manual Is required
on every unit.
3. All weatherization work must be performed in accordance to the DOE -approved energy audit procedures, 10
CFR Part 440 Appendix A, State of Texas adopted International Residential Code (or that of jurisdictions
authorized by State law to adopt later editions)
4. Subrecipient will include the substance of this Exhibit in all subcontracts.
Page 25 of 25
M&C Review
Page 1 of %
CITY COUNCIL AGEr:!
4
COUNCIL ACTION: Approved on 11/4/2014 s Ordinance No. 21523ai 1 2014
.wzrwes=a- trarna._Y-_>...t'aCim aT.. ..- �.ST_--- r
DAM: 11/4/2014 R
GOD
SU
C TYPE:
a
0 0
C-27071
LOG NAME:
80 T DHCA-DOE
2015
NON -CONSENT PUBLIC NO
HEARING
KM': Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs for the 2015 U.S. Department of Energy Weatherization Assistance Program in an
Amount Up to $300,000.00, Authorize Related Contracts, Apply Indirect Costs and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of U.S. Department of Energy Weatherization Assistance Program grant
funds from the Texas Department of Housing and Community Affairs for the 2015 Weatherization
Assistance Program in an amount up to $300,000.00;
2. Authorize the execution of related contracts, including any amendments, extensions and renewals,
in accordance with City policies and regulations, with the Texas Department of Housing and
Community Affairs for the grant funds for program year January 1, 2015 through December 31, 2015;
3. Apply the indirect costs at a rate of 10 percent of salary expenses only, which is the minimum
standard rate allowed by the granting agency, if permitted by the Texas Department of Housing and
Community Affairs; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $300,000.00, subject to receipt of the grant.
DISCUSSION:
The Texas Department of Housing and Community Affairs (TDHCA) operates the Weatherization
Assistance Program (WAP) with funds from the U.S. Department of Energy (DOE) and the U.S.
Department of Health and Human Services Low Income Home Energy Assistance Program
(LIHEAP). WAP is designed to help low income customers control their energy costs through
installation of weatherization materials and education. The WAP is administered through sub
recipients, such as the City. The City has administered the WAP since 1982. The TDHCA has
recently informed the City that DOE funding is now available for the 2015 WAP. This funding is in
addition to the existing Low Income Housing Energy Assistance Program funds provided by TDHCA,
which funds approximately $2,000,000.00 on an annual basis. The WAP serves low-income
residents in Tarrant County by weatherizing their homes. 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 10 percent based on the total allowable
expenditures for the VVAP.
The City has weatherized 30 houses with funding from this grant between January 2014 and August
2014 and will target completing 50 houses in 2015. Overall, the WAP has completed 184 units during
this same period in Fort Worth and Tarrant County.
This program services ALL COUNCIL DISTRICTS.
SORT WORTH
FISCAL INFORMATION/CERTIFICATION:
http : //app s . cfwnet. org/council_p acket/mc_review. asp ?TD 2041 1 &council date 11/4/2014ncildate=ll/4/2014 8/22/2015
iviC Review Page 2, of
The Financial Management Services Director certifies that upon approval of the above
recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, of the Grants Fund.
TO Fund/Accc.untjCenters
4J
GR76 488954 080200XXX000
_41
GR76 5XXXXX 080200XXX010
$300, 000.00
$300,000.00
Submitted for CiW Manauer's Office bv:
oriuinatincc Department Head:
Additional information Contact:
ATTACHMENTS
80TDHCA-DOE 2015AO14.docx
F� R061f1 u nd/Account/Centers
Susan Alanis (8180)
Richard 7avala (5704)
Sonia Singleton (5774)
http://apps.cfWnet.org/council_packet/mc_review.asp?1D 20411 &councildate 11/4/2014 cildate—1l/4/2Ol4 8/22/2015