HomeMy WebLinkAboutContract 45638 (2)TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRcin SEC
CONTRACT NUMBER. 81140001871 FOR THE CONT CT
LOW-INCOME HOME ENERGY ASSISTANCE ACT WEATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568)
SECTION 1. PARTIES TO THE CONTRACT
This Low Income Home Energy Assistance Program ("LIHEAP") 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 ("Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient") hereinafter (the "Parties").
SECTION 2. CONTRACT TERM
This Contract shall commence on January 01, 2014, and, unless earlier terminated, shall end on December 31, 2014
(herein the "Contract Term").
SECTION 3. SUBRECIPIENT PERFORMANCE
Subrecipient shall implement a Weatherization Assistance Program ("WAP") in accordance with the provisions of Part A
of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 et seq.) ("WAP Act"), the
sections of the U.S. Department of Energy ("DOE") implementing regulations codified in 10 C.F.R. Parts 440 and 600
("WAP Regulations") as indicated herein, any applicable Office of Management and Budget ("OMB") Circulars, the Texas
WAP State Plan, the Texas LIHEAP State Plan; the implementing State regulations at Title 10, Part I, Chapter 1 and
Chapter 5, Subchapters A, E and G of the Texas Administrative Code as amended or supplemented from time to time
("State Rules"), the Low -Income Home Energy Assistance Act of 1981 as amended (42 U.S.C. §8621 et seq.) ("LIHEAP
Act"), and the implementing regulations codified in 45 C.F.R. Part 96 ("LIHEAP Regulations").
Subrecipient shall, on an equitable basis throughout its service area, develop and implement a WAP in the counties and in
accordance with the term of the Contract and the Certifications attached hereto as Exhibit A, "Budget and Performance
Statement" attached as Exhibit B the Personal Responsibility and Work Opportunity Act of 1996 ("PRWORA")
Requirements for the WAP attached hereto as Exhibit C, the LIHEAP Priority List attached hereto as Exhibit D, and all
such Exhibits incorporated herein for all relevant purposes; the assurances, certifications, and all other statements made by
Subrecipient in its funding under this Contract; and with all other terms, provisions, and requirements herein set forth.
Subrecipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the
dwellings of Low -Income persons as defined in the State Rules. WAP services will be provided to owner occupied units as
well as rental units. Priority will be given to in no particular order (1) Households with Elderly Persons as defined in State
Rules, (2) Persons with Disabilities as defined in 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 as defined in
State Rules. Subrecipient is allowed to perform weatherization measures as detailed in Exhibit D of this Contract. If
Subrecipient leverages with any Department of Energy weatherization funds, all federal and state DOE rules and
requirements will apply including but not limited to income calculation requirements as outlined in Department of Energy
- Weatherization Program Notice 13-3. 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 B.
B Department's obligations under this Contract are contingent upon the actual receipt by Department of adequate 2014
LIHEAP federal program 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.
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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, except that pursuant to §5.2(b)(34) of the State Rules the dwelling unit shall be eligible for
weatherization assistance if it is occupied by a family unit whose income is at or below 125 percent of the
poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human
Services under the authority of 42 U.S.C. §9902(2) "Poverty Income Guidelines";
(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;
is incurred to weatherize a dwelling unit previously weatherized with weatherization assistance program funds,
except as provided for in §440.18(e)(2) of the WAP Regulations;
is for Subrecipienfs administrative costs incurred in excess of the maximum limitation set forth in Section 8 of
this Contract;
is not incurred during the Contract Term;
is not reported to Department on a monthly expenditure or performance report within forty five (45) days
following the end of the Contract Term;
is subject to reimbursement by a source other than Department; or
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 Departments request, any sum of money paid to Subrecipient
which Department determines has resulted in an overpayment or has not been spent in accordance with the terms of
this Contract. Department may offset or withhold any amount otherwise owed to Subrecipient under this Contract
against any amount owed by Subrecipient to Department arising under this or any other Contract between the Parties.
E Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other
obligations incurred by the Department under this Contract shall not exceed the sum of $1,061,473.00.
SECTION 5. METHOD OF PAYMENT/CASH BALANCES
A. Each month, Subrecipient may request an advance payment of LIHEAP WAP funds under this Contract. As per the
Uniform Grant Management Standards, 34 TAC §20.421 et seq ("UGMS"), Subrecipienfs 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, pursuant to §5.17 of the State Rules, the Department 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) Departments 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. 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.
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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 34 TAC §20.421, Uniform Grant Management Standards and 10
TAC §5.10. 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. 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 and LIHEAP 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 termination.
Nothing in this Section shall be construed to limit Departments authority to withhold payment and immediately
suspend Subrecipient's performance under this Contract if Department identifies possible instances of fraud, abuse,
waste, fiscal mismanagement, or other serious deficiencies in Subrecipient's performance. Suspension shall be a
temporary measure pending either corrective action by Subrecipient or a decision by Department to terminate this
Contract.
C. 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.
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 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. Subrecipient shall weatherize eligible dwelling units using only weatherization materials
which meet or exceed the standards prescribed by DOE in Appendix A to Part 440 of the WAP Regulations, State of
Texas adopted International Residential Code (IRC) or jurisdictions authorized by State law to adopt later editions.
B. For units where Subrecinient leveraees with any Department of Enemy weatherization funds, all weatherization
measures installed must have an approved State of Texas Energy Audit savings -to -investment ratio (SIR) of one or
greater unless otherwise indicated as health and safety or incidental repair items. Weatherization measures installed
shall begin with those having the greatest SIR (on approved State of Texas Energy Audit) and proceed in descending
order to the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved.
Allowable expenditures under this Contract include:
(1) the purchase and delivery of weatherization materials as defined in §440.3 of the WAP Regulations;
(2) if Subrecipient leveraees with anv Department of Enerev weatherization funds, labor costs for doors, primary
windows and storm windows that will result in approved energy savings with a SIR of one or greater in
accordance with §440.19 of the WAP Regulations;
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(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
the cost of weatherization materials and labor for heating and cooling system tune ups, repairs, modification, or
replacements. 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;
maintenance, operation, and insurance of vehicles used to transport weatherization materials;
maintenance of tools and equipment;
purchase or lease of tools or equipment;
employment of on -site supervisory personnel;
storage of weatherization materials, tools, and equipment;
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);
(11) allowable health and safety measures; and
(12) allowable base load reduction measures.
C. 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.
D. 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 B. Allowable administrative costs may include reasonable costs associated with Subrecipient's
administrative personnel, travel, audit fees, office space, equipment, and supplies which are necessary for the
administration of WAP. Administrative costs are eamed based upon the allowable percentage of total allowable
expenditures, excluding the allowance for Department/LIHEAP Training Travel or special equipment purchases.
Subrecipient may use any or all of the funds allowed for administrative purposes under this Contract for the purchase
and delivery of weatherization materials. These changes will require a contract action; therefore, Subrecipient must
provide written notification to the Department at least forty-five (45) days prior to the end of the Contract Term
before these funds can be moved.
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 State Rules and with such additional record keeping requirements as specified by Department.
B. For each dwelling unit weatherized with funds received from LIHEAP 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/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, and Persons with Disabilities. 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 documentation:
a. Subrecipient must use the definition of income in 10 TAC §5.19.
Documentation/verification 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 user of the form, including policies requiring a client statement of efforts to obtain
documentation of income with a notarized client signature, as outlined in §5.407(e) of the State Rules.
Proof of income documentation requirements are the same for both single and multifamily housing. All
proof of income must reflect earnings from within 12 months of the start date indicated on the Building
Weatherization Report (BWR).
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(5)
(6)
(7)
(8)
(9)
c. 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, except that pursuant to §5.2(b)(34) of the State Rules
the dwelling unit shall be eligible for weatherization assistance if it is occupied by a family unit whose
income is at or below 125 percent of the Poverty Income Guidelines;
BWR to include certification of final inspection and Justification for Omission of Priorities if applicable;
Invoices of materials purchased or inventory removal sheets;
Invoices of labor;
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 ;
"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" (if applicable);
(17) Refrigerator metering information;
(18) Signed client "Refrigerator Replacement Form" (if applicable);
(19) Completed, signed and dated "LIHEAP Priority List" form (if applicable);
(20) A complete copy of the approved State of Texas Energy Audit (if applicable);
(21) A complete "Energy Audit Data Collection Form" (local design allowed);
(22) A complete electronic copy of the approved State of Texas Energy Audit (if applicable);
(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 Weatherization
Programs"
For each multifamily project weatherized with funds received from LIHEAP under this Contract, Subrecipient shall
maintain a master file containing the following information:
"Multifamily Project Building Data Checklist";
(1) "Multifamily Project Completion Checklist";
(2) "Landlord Permission to Perform an Assessment and Inspections for Rental Units";
(3) "Landlord Agreement" form,
(4) "Landlord Financial Participation Form"; and
(5) 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.
Subrecipient shall include the requirements of this Subsection in all subcontracts.
F. All LIHEAP 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. Subrecipient 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.
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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 utilizing the Monthly Expenditure Report. The failure of
Subrecipient to provide a full accounting of all funds expended under this Contract may result in ineligibility to
receive additional funds or additional contracts. After forty-five (45) days, any expenditures not reported to the
Department will result in funds being reallocated to LIHEAP purposes.
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 for units weatherized under this Contract.
E Subrecipient is required to determine if households assisted under this Contract shall be reported as duplicated or
unduplicated by accessing the LIHEAP Household Database located in the Community Affairs Contract System.
F. 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 U. S. Department of Health and Human Services (PHIS), or
by the Department.
G. 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 LIHEAP WAP funds from the
Department over two or more Contracts of subsequent terms, funds may be withheld or this Contract suspended or
terminated by Subrecipient's failure to submit a past due report or response (including a report of audit) from a prior
Contract Term.
H. 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 www.sam.gov
website. These documents must be provided to the Department prior to the processing first payment to Subrecipient.
Subrecipient shall maintain a current DUNS number and CCR number for the entire Contract Term.
SECTION 11. CHANGES AND AMENDMENTS
A 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 approved by the Department.
•
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 Management Standards, Common Rule, §_25 and
OMB Circular A-102, Attachment, 2e.
SECTION 13. INDEPENDENT SUBRECIPIENT
It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipient agrees to
indemnify Department against any disallowed costs or other claims, which may be asserted by any third party in
connection with the services to be performed by Subrecipient under this Contract.
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SECTION 14. PROCUREMENT STANDARDS
A. Subrecipient shall comply with OMB Circular A-102 and 10 TAC § 5.10. If leveraging DOE funds, Subrecipient
shall also comply with 10 C.F.R. § 600.236(b-i).
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 ensuring that
the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Contract,
as if such performances rendered were rendered by Subrecipient. Department's approval under this section does not
constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder.
Department maintains the right to monitor and require Subrecipienfs 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.
C. Every initial assessment, every approved State of Texas Energy Audit, and every final inspection is the sole •
responsibility of the Subrecipient. Subrecipient may request in writing that the Department permit the Subrecipient to
subcontract the performance of assessments, audits and final inspections. The Department will review each request
separately to determine whether the request will be granted.
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) Subrecipient expending $500,000 or more in federal financial assistance for any fiscal year ending on or after
December 31, 2003, shall have an audit made in accordance with 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 this 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, but does not include direct federal
cash assistance to individuals. The term includes awards of federal financial assistance received directly from
federal agencies, or indirectly through other units of state and local government.
(2) Subrecipient shall utilize funds budgeted under this Contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by Department under this Contract, provided however that
Department shall not make payment for the cost of such audit services until Department has received a
satisfactory audit report, as determined by Department, from Subrecipient.
Unless otherwise specifically authorized by Department in writing, Subrecipient shall submit two (2) copies of
the audit report to the Department's Compliance Division within thirty (30) days after completion of the audit,
but no later than nine (9) months after the end of each fiscal period included within the period of this Contract.
Audits performed under this section are subject to review and resolution of findings by the Department or its
authorized representative.
(4) The audit report must include verification of all expenditures by budget category, in accordance with the final
"Monthly Expenditure Report" submitted to close out each year during the Contract Term.
(3)
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.
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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
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 Subsection A of this section notwithstanding, Subrecipient 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 issuance of the auditor's
report to the auditee. Audit working papers shall be made available upon request to Department at the completion of
the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent
with the purposes of this part. Access to working papers includes the right to obtain copies of working papers, as is
reasonable and necessary.
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 Depaitinent 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 Depai talent will issue disposition instructions after receipt of final inventory.
D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and
shall promptly report to Department any loss, damage, or theft of property with an acquisition cost of five thousand
and no/100 dollars ($5,000) or more.
E In addition to the inventory of 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.
Page 8 of 23
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 in Texas, a list of which may be obtained from the State Insurance Depaiintent. Such assurances of
completion will run to the Department as obligee and must be documented prior to the start of weatherization
activities. This bonding requirement applies to the extent required by federal or state law.
B. Subrecipient shall maintain adequate personal injury and property damage liability insurance. Subrecipient is
encouraged to obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular
liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as
lead disturbances and other pollution occurrence items. Subrecipient should review existing policies to determine if
lead contamination is covered. If it is not, Subrecipient should consider securing adequate coverage for all
construction projects. Additional liability insurance costs may be paid from administrative funds. The Department
strongly recommends the Subrecipient require their contractors to carry pollution occurrence insurance to avoid being
liable for any mistakes the contractors may make Each agency should get a legal opinion regarding the best course to
take for implementing the pollution occurrence insurance coverage.
SECTION 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 include a review of the efficiency, economy, and efficacy of
Subrecipient's performance. Department will notify Subrecipient in writing of any deficiencies noted during such
monitoring. Department may provide training and technical assistance to Subrecipient in correcting the deficiencies
noted. Department may require corrective action to remedy deficiencies noted in Subrecipient's accounting,
personnel, procurement, and management procedures and systems in order to comply with State or Federal
requirements. Department may conduct follow-up visits to review the previously noted deficiencies and to assess the
Subrecipient's efforts made to correct them. Repeated deficiencies may result in disallowed costs. Department may
terminate or suspend this Contract or invoke other remedies Department determines to be appropriate in the event
monitoring reveals material deficiencies in Subrecipient's performance, or Subrecipient fails to correct any deficiency
within a reasonable period of time, as determined by the Department. Department or its designee may conduct an
ongoing program evaluation throughout the Contract Term.
SECTION 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 set forth.
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.
Page 9 of 23
SECTION 22. COMPLIANCE WITH LAWS
A. FEDERAL, STATE AND LOCAL LAW Subrecipient shall comply with the LIHEAP Act, the WAP Act, the WAP
Regulations, the LIHEAP Regulations, any applicable Office of Management and Budget (OMB) Circulars, the
Texas DOE WAP State Plan, LIHEAP State Plan, the State 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). Subrecipient must provide program applications, forms, and
educational materials in English, Spanish, and any appropriate language, based on the needs of the service area and in
compliance with the requirements in Executive Order 13166 of August 11, 2000. 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,
detect, and correct incidents of waste,
management of all program and fiscal
all transactions and other significant
available for review by Department.
and utilize internal control systems and procedures
fraud, and abuse in the WAP and to provide
activities funded by this Contract Subrecipient's
events must be clearly documented and the
prevent,
for the proper and effective
internal control systems and
documentation made readily
sufficient
to
Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of
monitoring or investigating the WAP. Subrecipient shall fully cooperate with Department's efforts to detect,
investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any
identified instances of waste, fraud, or abuse.
C. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this
Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is
made in good faith.
SECTION 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 herein, has a financial or other interest
in the firm selected for an award.
Page 10 of 23
C. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors, or parties to subagreements. Subrecipient may set standards for situations in
which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the Subrecipient.
D. Subrecipient 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 26. POLITICAL ACTIVITY AND LOBBYING 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 famishing 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 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, LII3EAP sponsored, and other relevant
workshops and conferences provided the agenda includes topics directly related to administering WAP in accordance
with §5.532 of the LIHEAP State Rules. For Training & Technical Assistance other than State or LIIIEAP
sponsored, Subrecipient must receive prior written approval from the Department.
B. Travel funds are to be used only for Department -approved training events. Subrecipient shall adhere to OMB Circular
A-87 {2 CFR 225} and either its board -approved travel policy, or in the absence of such a policy, the State of Texas
travel policies.
Page 11 of 23
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.
SECTION 31. 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 award any funds provided by this Contract to any party that is debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order 12549. Subrecipient agrees that prior to
entering into any agreement with a potential subcontractor that the verification process to comply with this requirement
will be accomplished by checking the System for Award Management (SAM) at www.sam.gov and including a copy of the
results in its project files.
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) Exhibit A, Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements
(2) Exhibit B, Budget and Performance Statement
(3) Exhibit C, PRWORA Requirements
(4) Exhibit D, LIIIEAP Priority List
SECTION 34. SEVERABILITY
If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain
valid and binding.
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 )(NTHPA) 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, according to §5.505 of the
State Rules.
Page 12 of 23
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 Persons and Persons with Disabilities who cannot independently travel to
the application site the means to submit applications for WAP benefits without leaving their residence or by securing
transportation for them to the sites that accept such applications.
SECTION 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.
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
michael.deyoung@tdhca.state.tx.us
As to Subrecipient:
City of Fort Worth
4200 S. Freeway Ste. 2200
Fort Worth, TX 76115
Attention: Susan Alanis Assistant City Manager
Telephone: (817) 392-8180 Fax: (817) 392-6134 Email. susan.alanis@fortworthtexas.gov
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 deemed in the above Subsection A of this Section 43.
Page 13 of 23
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: 1/1/2014
City of Fort Worth
a political subdivision of the State of Texas
By: Susan Alanis
Title: Assistant City Manager
Date: February 17, 2014 9:31 am
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By: Timothy I{. Irvine
Title• Its duly authorized officer or representative
Date: February 18, 2014 7:35 am
Page 14 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2014 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81140001871
PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014
APPROVED AS TO
Tyler Wallach
Assistant City Attorney
ATTEST:
Mary J. Kayser97
City Secretary
M&C C-26600
Dated: December 10, 2013
CITY OF FORT WORTH
ND LEGALITY:
By: Susan Alanis (signed electronically -see attached contract)
Title: Assistant City manager
Date: February 17, 2014
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Timothy K. Irvine (signed electronically -see attached contract)
Title: Its duly authorized officer or representative
Date: February 18, 2014
ormell WNCOUP
O ll if WIC J Prtl'I` f�:��
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? LE MY �'�la =yid 11
IEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NO. 81140001871 FOR THE FY 2014
LIHEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDAti 93.568)
EXHIBIT 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 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.C. 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
Title: Assistant City Manager
Date: February 17, 2014 9:31 am
Page 15 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CONTRACT NUMBER 81140001871 FOR THE FY 2014
LIHEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568)
EXHIBIT B
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 1,059,473.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$ 2,000.00 TRAINING & 1ECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$ 1,059,473.00 TOTAL ANTICIPATED LIHEAP FUNDS
$ 2,000.00 TOTAL ANTICIPA 1 ED TRAINING & 1 ECHNICAL 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.
$UDGET FOR AVAILABLE ALLOCATIONS
i
CATEGORIES FUNDS
2 Administration $ 66,217.00
3 Materials / Program Support / Labor $ 794,605.00
4 Health and Safety $ 198,651.00
SUB -TOTAL $ 1,059,473.00
5 Training and Technical Assistance $ 2,000.00
TOTAL $ 1,061,473.00
FOOTNOTES TO BUDGET FOR AVAHLABLE ALLOCATIONS:
t
Denotes that the Subrecipient must request in writing any adjustment needed to a budget category before the
Department will make any adjustments to the budget categories. The only categories that can be reduced are the
Administrative, Training and Technical Assistance and/or the Health and Safety categories. Subrecipient is limited to
two (2) requested budget revisions during the current Contract Term. Only those written request(s) from the
Subrecipient received at Least forty-five (45) days before the termination of the Contract Term will be reviewed.
Department may decline to review written requests received during the final 45 days of the Contract Term.
2 Denotes maximum for Administrative based on 6.00% of total allowable expenditures.
3 Expenses incurred under Roof Repair will come out of your Materials / Program Support / Labor budget.
4 Denotes the maximum allowed for Health and Safety expenditures.
5 Department approved training / travel only.
Page 16 of 23
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 (materials, labor, and program support), excluding health and safety expenses, shall not exceed
$5,000.00 per unit without prior written approval from the Department. The cumulative total cost per unit (materials,
labor, and program support), shall not exceed the maximum allowable by end of the Contract Term.
Page 17 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CON 1 RACT NO. 81140001871 FOR THE FY 2014
LIHEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568)
EXHIBIT C
PRWORA REQUIREMENTS
City of Fort Worth
a political subdivision of the State of Texas
If an individual is applying for LII-iEAP funds, a Subrecipient must verify that the individual applying for LIHEAP funds
is a qualified recipient for funding under the Personal Responsibility and Work Opportunity Act of 1996, ("PRWORA"),
Pub L 104-193, 110 Stat. 2105, codified at 8 U.S.C. §1601 et. seq., as amended by the Omnibus Appropriations Act,
1997, Pub. L. 104-208.
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 once access to the system is provided by the Department.
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." If Subrecipient claims "non-profit, charitable status Subrecipient shall supply TDHCA with any requested
information Department believes is necessary to verify that Subrecipient is a non-profit charitable organization. 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. Simply holding a valid 501(c)(x) designation is not sufficient. 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.
CERTIFICATION REGARDING USE OF THE SYSTEMATIC ALIEN VERIFICATION FOR
ENTITLEMENTS (SAVE) SYSTEM
Subrecipient shall:
(1) System Use.
(a) Establish the identity of the applicants and require each applicant to present the applicant's immigration or
naturalization documentation that contains the information (e.g., alien registration number) required by the SAVE
Program;
(b) Physically examine the documentation presented by the applicant and determine whether the document(s) reasonably
appear(s) to be genuine and to relate to the individual;
(c) Provide to the SAVE Program the information the SAVE Program requires to respond to Subrecipient requests for
verification of immigration or naturalized or derived citizenship status information, including (1) information from the
applicant's immigration or naturalization documentation for initial automated verification, (2) additional information
obtained from the alien's immigration or naturalization documentation for automated additional verification, and (3)
completed Forms G-845 and other documents and information required for manual additional verification. For manual
only verification, ensure that Forms G-845 and other documents and information required for manual verification are
provided;
(d) Ensure that, prior to using the Verification Information System, all employees designated by Subrecipient to use SAVE
on behalf of the Subrecipient ("Users") performing verification procedures complete SAVE required training including:
reading the SAVE Program Guide, taking the latest version of Web tutorial(s),
http://www.uscis.gov/save/what-save/save-webinars, and maintaining a working knowledge of requirements contained
therein and in this Contract as updated. Documentation of training must be maintained by the Subrecipient for monitoring
review;
(e) Ensure that Users are provided with and maintain User Ids only while they have a need to perform verification
procedures;
Page 18 of 23
(f) Ensure all Users performing verification procedures comply with all requirements contained in the SAVE Program
Guide, web -based tutorial, this Contract, and updates to these requirements;
(g) Ensure that all Users performing verification procedures have contact information for the SAVE Program and SAVE
Monitoring and Compliance. Contact information can be found at
http://www.uscis.gov/portal/site/uscis/menuitem.eb 1 d4c2a3 e5b9ac89243c6a7543f6d1 a/7vgnextoid=0d37dffd79029310Vg
nVCM1000 00 0 82ca60aRCRD&vgnextchannel=a137dffd790293 10VgnVCM1000000 82 ca60 aRCRD
(h) Ensure all Users perform any additional verification procedures the SAVE Program requires and/or the applicant
requests after the Subrecipient initiates a request for verification;
(i) Use any information provided by DHS-USCIS under this Contract solely for the purpose of determining the eligibility
of persons applying for the benefit issued by the Subrecipient and limit use of such information in accordance with this
and all other provisions of this Contract;
(l) Comply with the requirements of the Federal Information Security Management Act (FISMA (PL-107-347), Title III,
Section 301) and OMB guidance as applicable to electronic storage, transport of records between agencies, and the
internal processing of records received by either agency under the terms of this Contract;
(k) Safeguard such information and access methods to ensure that it is not used for any other purpose than described in
this Contract and protect its confidentiality; including ensuring that it is not disclosed to any unauthorized person(s)
without the prior written consent of DHS-USCIS. Each applicant seeing access to information regarding him/herself may
do so by submitting a written signed request to DHS-USCIS. Instructions for submitting request may be found at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact_Sheet_HowToCorrectYourRecordswith
USCIS.pdf (subject to revision and reposting on the SAVE Website and Online Resources);
(I) Comply with the Privacy Act, 5 U.S.C. Section 552a, the Texas Public Information Act and other applicable laws,
regulations, and policies, including but not limited to all OMB and DHS privacy guidance, in conducting verification
procedures pursuant to this Contract, and in safeguarding, maintaining, and disclosing any data provided or received
pursuant to the Contract;
(m) Comply with federal laws prohibiting discrimination against applicants and discriminatory use of the SAVE Program
based upon the national origin, color, race, gender, religion, or disability of the applicant;
(n) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE response with adequate
written notice of the denial and the information necessary to contact DHS-USCIS so that such individual may correct their
records in a timely manner, if necessary. A Fact Sheet that includes the process by which applicants may contact
DHS-USCIS is posted at
http://www.uscis.gov/USCIS/Verification/SAVE/SAVE_Native_Documents/Fact Sheet_HowToCorrectYourRecordswith
USCIS.pdf, (subject to revision and reposting on the SAVE Website and Online Resources);
(o) Provide all benefit -applicants who are denied benefits based solely or in part on the SAVE response with the
opportunity to use the Subrecipient's existing process to appeal the denial and to contact DHS-USCIS to correct their
records prior to a final decision, if necessary; and
(p) Refrain from using SAVE, or assisting any person or entity, to comply with the employment eligibility verification
requirements of section 274A of the Immigration and Nationality Act, 8 U.S.C. Section 1324a.
(2) Monitoring and Compliance.
(a) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to
the use, abuse, misuse, fraudulent use or improper use of SAVE by the Subrecipient, including, but not limited to original
applicant consent documents required by the Privacy Act, 5 U.S.C. Section 552a or other applicable authority;
(b) Notify the Department's Compliance Division immediately whenever there is reason to believe a violation of this
agreement has occurred;
(c) Notify the Department's Compliance Division immediately whenever there is reason to believe an information breach
has occurred as a result of User or Subrecipient action or inaction pursuant to Office of Management and Budget (OMB)
Memorandum M-07-16, "Safeguarding Against and Responding to the Breach of Personally Identifiable Information;"
(d) Allow Department and SAVE Monitoring and Compliance to monitor and review all records and documents related to
the use, abuse, misuse, fraudulent use or improper use of SAVE by any User, including, but not limited to original
applicant consent documents required by the Privacy Act, 5 U.S.C. Section 552a or other applicable authority;
Page 19 of 23
(e) Allow Department and SAVE Monitoring and Compliance to conduct desk audits and/or site visits to review
Subrecipient's compliance with this Exhibit C and all other SAVE -related policy, procedures, guidance and law applicable
to conducting verification and safeguarding, maintaining, and disclosing any data provided or received pursuant to this
Contract;
(f) Allow Department and SAVE Monitoring and Compliance to perform audits of Subrecipient's User Ids use and access,
SAVE Training Records, SAVE financial records, SAVE biographical information, system profiles and usage patterns and
other relevant data;
(g) Allow Department and SAVE Monitoring and Compliance to interview any and all Users and any and all contact
persons or other personnel within the Subrecipient's organization or relevant contractors regarding any and all questions or
problems which may arise in connection with the Subrecipient's participation in SAVE;
(h) Allow Department and SAVE Monitoring and Compliance to monitor system access and usage and to assist SAVE
users as necessary to ensure compliance with the terms of this Exhibit C and the SAVE Program requirements by its
authorized agents or designees; and
(i) Take corrective measures in a timely manner to address all lawful requirements and recommendations on every written
finding including but not limited to those of the Department or SAVE Monitoring and Compliance regarding waste, fraud,
and abuse, and discrimination or any misuse of the system, non-compliance with the terms, conditions and safeguards of
this Exhibit C, SAVE Program procedures or other applicable law, regulation or policy.
Criminal Penalties..
(1) DHS-USCIS reserves the right to use information from TDHCA or Subrecipient for any purpose permitted by law,
including, but not limited to, the prosecution of violations of Federal administrative or criminal law.
(2) The Subrecipient acknowledges that the information it receives from DHS-USCIS is governed by the Privacy Act, 5
U.S.C. Section 552a(i)(1), and that any person who obtains this information under false pretenses or uses it for any
purpose other than as provided for in this contract may be subject to criminal penalties.
Third Party Liability.
(1) Each party to this contract shall be solely responsible for its own defense against any claim or action by third parties
arising out of or related to the execution and/or performance of this contract, whether civil or criminal, and retain
responsibility for the payment of any corresponding liability.
(2) Nothing in this contract is intended, or should be construed, to create any right or benefit, substantive or procedural,
enforceable at law by any third party against the United States, its agencies, officers, or employees, the State of Texas, its
agencies, officers, or employees, or the Subrecipient.
Points of Contact
Sharon D. Gamble
Manager, Planning, Training and Technical Assistance
Texas Department of Housing and Community Affairs
Community Affairs Division
P.O. Box 13941
Austin, TX 78711-3941
Phone: (512) 475-0471
Email. sharon.eamble@tdhca.state.tx.us
USCIS SAVE Program MS 2620
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2620
ATTN: SAVE Operations
Phone: (888) 464-4218
Email: savereeistrationadhs.eov
USCIS SAVE Monitoring and Compliance MS 2640
U.S. Citizenship and Immigration Services
Department of Homeland Security
Washington, DC 20529-2640
Phone: (888) 464-4218
Email: save.monitorine(Tdhs.eov
Page 20 of 23
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CON 1 RACT NO. 81140001871 FOR THE FY 2014
LIHEAP WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 93.568)
EXHIBIT D
LIHEAP PRIORITY LIST
For Single -Family, Mobile Homes, and Small Multi -Family Buildings
City of Fort Worth,
a political subdivision of the State of Texas
An energy conservation measure (ECM) may include contributory items necessary for the proper installation of that ECM.
The installed cost of all contributory items, associated with the proper installation, cannot exceed the cost of the individual
ECM cost. Both the contributory and ECM costs are to be wrapped for the total ECM cost.
Contributory items, as defined by the Department, means items required by WAP field standards to achieve a final product
in a typical installation. Contributory items must be necessary to complete the proper installation and ensure proper
performance of the ECM..
Incidental Repairs, as defined by the Department, means those repairs necessary on items for the effective preservation of
weatherized materials.
1. Health & Safety Items
• Must meet ASHRAE Standard
• Refer to H&S guidance located on the Department website at the following link:
http://www.tdhca.state.tx.us/community-affairs/wap/guidance.htm#healthsafety
• To include cook stoves - refer to Chapter 8 of the MISM
http:/hvww.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf
2. Infiltration Measures, Maximum Cost
+ $750, maximum cost
• Must follow Material Installation Standards located on the Department's website at the following link:
http://www.tdhca.state.tx.us/community-affairs/wap/docs/WAP-MISM.pdf
• When solely utilizing the LIHEAP Priority List, minimum CFM reduction is not required
• All cost (labor and materials) must be detailed on the Building Weatherization Report (BWR)
• No window or door replacements allowed
• Complete Blower Door Data Sheet as instructed
3. Duct Sealing
• $750, maximum cost
• All return ducts to be sealed regardless of location
• All supply ducts to be sealed when in un-conditioned space
4. Attic Insulation
• If addressed, must follow current code
• Block all heat sources & attic hatches
• If no insulation is added but ventilation needed, install ventilation under H&S
5. Compact Florescent Lighting (CFLs), water savers, and pipe and water heater insulation
• Install maximum of 10 CFLs per house
• Water savers consist of kitchen, bath, and shower
6. Sidewall Insulation
• Dense pack all exterior wall cavities including above and below all windows and doors if no insulation exists
Page21 of23
7. Smart Thermostat
• Install only after consultation/training with client
8. Refrigerator Replacement
• Meter for minimum of 30 minutes
• Pre-1993 units can be replaced without metering, as long as manufactured year is documented
• Replaced units must be de -manufactured properly, materials must be recycled and refrigerant properly disposed
of to E.P.A. regulations
9. Solar Screens/Window Film
• Install in the following order:
• West, South, East, then North side of house
+ If overhang/eaves are 18" in depth or greater, or if the windows are covered by porches, garages, or any other
permanent shading structure, then solar screens/window film cannot be installed on that window
10. Floor Insulation
• If addressed, must follow current code
• Follow OSHA accessibility standards
11. Miscellaneous Repairs
• Maximum expenditure allowed is $500
• Must be related to weatherization measure
• No window or door replacements allowed
• Materials include: lumber, shingles, flashing, siding, drywall, masonry supplies, minor window and door repair,
gutters, downspouts, paint, stains, and sealants
• Regarding mobile homes, could include mobile home skirting and overhangs to protect mobile home doors
• Could also include carpentry work to protect water heaters located outside to protect DWH from weather
elements
• Could include roof, wall, and floor repair; excluding leveling
• Repair of "essential wiring"
• Essential wiring defined as any wiring going directly to an appliance that is being addressed by the WX
program
12. HVAC/Evaporative Cooler System Service
• Complete replacement of furnace/AC/HVAC as energy efficiency measure is a possibility
i. Must meet current Energy Star rating
ii. Must document accurate Manual J and Manual S in client file
HVAC units with a SEER or downgraded SEER of 10 or less should be replaced. Documentation of the
downgraded formula should be in the client file as part of the assessment;
iv. Central heating units with an Annual Fuel Utilization Efficiency (AFUE) or downgraded AFUE of 55%
or less should be replaced. Documentation of the downgraded formula should be in the client file as part
of the assessment;
Repair of central system is potentially allowable. Justification for the repair must be documented in the client
file. Repair can include, but is not limited to:
i. Clean and tune
ii. Clean Evaporative and Condensing coils
iii. Check/adjust gas pressure
iv. Clean blower wheel (squirrel cage)
v. Check all controls, set heat anticipator if applicable
Page 22 of 23
* Change and leave up to twelve new air filters
* No replacement of window air -conditioners if a central system is replaced or repaired to working order
* Replacement of window air -conditioners:
• Maximum of three (3) window units can be replaced
• Must be Energy Star Rated and sized according to manufacturer's room sizing specifications
Page 23 of 23
vI&L Review
Page 1 of 2
officialsiteof the City af Fort Wort11, Texas
FORT VORT1f
DATE:
CODE:
SUBJECT:
COUNCIL ACTION: Approved on 12/10/2013 - Ordinance No. 21059-12-2013
12/10/2013 REFERENCE NO.: C-26600 LOG NAME:
TYPE: NON- PUBLIC
CONSENT HEARING:
Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs for the 2014 Weatherization Assistance Program Up to a Total Amount of
$2,000,000.00, Authorize Related Contracts, Authorize Waiver of Indirect Costs, Authorize
Interfund Loan and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
C
80TDHCA-
LIHEAP2014
NO
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of Low -Income Housing Energy Assistance grant funds from the Texas
Department of Housing and Community Affairs for the 2014 Weatherization Assistance Program up
to a total amount of $2,000,000.00;
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
mmunity Affairs for the grant funds for program year January 1, 2014 through December 31, 2014;
Authorize a waiver by the City of indirect costs;
4. Authorize a non -interest bearing interfund loan from the General Fund to the Grants Fund in the
amount of $300,000.00 for interim financing for the Low -Income Housing Energy Assistance Program
pending contract execution; and
5. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $2,000,000.00, subject to receipt of the grant.
DISCUSSION:
The City has operated the Weatherization Assistance Program (WAP) funded by grants from the
Texas Department of Housing and Community Affairs (TDHCA) since 1982. 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 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 235 houses in Tarrant County. With
this grant, the Parks and Community Services Department staff will target 300 houses in Fort Worth
and Tarrant County.
A waiver by the City of indirect costs will maximize program benefits.
ilierim financing from a non -interest bearing interfund loan from the General Fund to the Grants Fund
in the amount of $300,000.00 is necessary to provide for transition from one grant funding period to
the next.
This program services ALL COUNCIL DISTRICTS.
ttp://apes.cfwnet.org/council_packet/mc review.asp?ID=19249&councildate=12/10/2011 12/?fl/7f 1'
vi l Keview Page 2 of 2
MCAL INFORMATION/CERTIFICATION:
e 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 contract,
interim funding will be returned to the General Fund during first reimbursements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488954 080200689000 $2,000,000.00 GG01 136076 0000000 $300.000.00
GR76 5X00CX 080200689X00X $21000.000.00
GR76 220001 000200689000 $300.000.00
Submitted for Citv Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
CHMENTS
DHCA-LI HEAP 2014 AO docx
•
ittp://apps.cfwnet.org/council packet/mc review.asp?ID=19249&councildate=12/10/2013 12/20/2011