HomeMy WebLinkAboutContract 53415-A2CSC No. 53415-A2
T�XAS D�PARTMENT OF HOUSING AND COMMUNITY ArrAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 81200003182
FY 2020 LOW-INCOIVI� HOME ENERGY ASSISTANC� ACT WEATH�RIZATION ASSISTANC� PROGRAM
(CFDA# 93.568)
This Amendment No. 2 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance
Prog►•am "WAP" Contract Number. 81200003182 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 Wo►•th, a political
subdivision of the State of Texas ("Subrecipient") hereinafter collectively refen•ed to as "Parties".
RECITALS
WHEREAS, the Deparhnent and Subrecipient, respectively, executed FY 2020 LIHEAP WAP Contract Number
81200003182 and
WHEREAS, the Parties desire to amend the Conh•act in the manner provided herein below.
AGREEIVI�NTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which aze hereby acknowledged, the
Parties agree as follows:
SECTION 1.
The following Contract sections, addendums and exhibits are hereby amended as follows:
1. Section 2. Contract Term, of this Contract is hereby amended to read as follows:
The period for performance of this Contract, unless earlier terminated is January Ol, 2020 through June 30,
2021 (hereinafter the "Conh•act Term").
2. Exhibit A. Budeet and Performance Statement, of this Contract is hereby deleted and replaced in its entirety
with the attached Exhibit A.
SECTION 2.
All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall
continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this
Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the
Contract void by law.
SECTION 3.
Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
SECTION 4.
This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all
of which together shall constitute one agreement binding on Parties, notwithstanding that all the Parties shall not have
signed the same counterpart.
OFFICIAL RECORD
Page I of4 CITY SECRETARY
FT. WORTH, TX
SECTIONS. If any of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of its authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 6. By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the Contract as if it were set forth word for word therein. SECTION 7. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. SECTIONS. This Amendment shall be effective and memorializes an effective date of March 01, 2021. WilNESS OUR HAND EFFECTIVE: 3/1/2021
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas By: Fernando Costa Title: Assistant City Manager Date: March 12, 2021 12:35 pm
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas By: Robert Wilkinson Title: Its duly authorized officer or representative Date: March 12, 2021 1:01 pm
Page 2 of4
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81200003182; AMENDMENT NO. 2
APPROVED AS TO FORM AND LEGALITY:
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Taylor Paris
Assista.nt City Attorney
ATTEST:
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Mary J. Kayser
City Secretary
M&C: 19-0346
Dated: December 3, 2019
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CITY OF FORT WORTH
By: Fernando Costa (signed electronically-see attached contract)
Title: Assistant City Manager
Date: March 12, 2021
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIltS
By: Robert Wilkinson (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: March 12, 2021
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
J�,.rLl
AmyC �o (Mar18,202112:48CDT)
Amy Connolly, Assistant Director
Neighborhood Services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
T�XAS DEPARTM�NT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 81200003182
FY 2020 LOW-INCOM� HOM� �1V�RGY ASSISTANCE ACT WEATHERIZATION ASSISTANC� PROGRAM
(CFDA# 93.568)
EXHIIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$1,078,620.00 LIHEAP FUNDS CURRENTLY AVAILABLE
$ 2,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE
$1,078,620.00 TOTAL ANTICIPATED LIHEAP FLJNDS
$ 2,000.00 TOTAL ANTICIPATED TRAII�]ING & 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 FUNDS
Z Administration $ 77,913.00
3 Materials / Program Support / Labor � 800,566.00
4 Health and Safety $ 200,141.00
SUB-TOTAL $ 1,078,620.00
5 Training and Technical Assistance $ 2,000.00
TOTAL $1,080,620.00
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjushnent needed to a budget category before the
Deparhnent 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 cuirent Contract Term. Only those written request(s) from the
Subrecipient received at least forty-five (45) days before the end of the Contract Term will be reviewed. The
Department may decline to review �n•itten requests received during the final 45 days of the Contract Term.
2 Denotes maximum for Administrative based on 7.21°/a 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 Depariment approved training / travel only.
Page 3 of 4
P�RFORMANC�
Subrecipient's service area consists of the following Texas counties:
TARRANT
Work orders must be submitted to weatherization contractors no later than June 30, 2021 for any weatherization
activities to be completed under this Contract. All weatherization activities including final inspection must be completed
no later than July 31, 2021.
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 Conh•act.
These costs shall be reported on the final report described in Section 10 of this Conh•act.
Subrecipient shall provide weatherization program services sufficient to expend the funds under this Contract during the
Conh•act Term. WAP costs per unit (materials, labor, and program suppoit), excluding health and safety expenses, shall
not exceed $8,000.00 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 4 of 4
R�C�I�''�
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"f�XAS D�PA12'TM�N'T' OF HOUSINC A]VD COMMIUNITY AFFAlI2S
CONTRACI' N UMf3ER. 81206Q03182
1�Y 202� LOW-1NCOME HOME E1�fERGY ASSISTANCE ACT WEATHT;RIZA'f10N A5SI5TA�TC� PTZOGIZAM
{CPDA# 93.568)
Ativarding Fcdcral Agency; Unitcd Sfates ])epart»�eui uf Healiif and Auman 5e�vices
'1'bHCA. I�'cdcr.tl A.rv�rd Numbei•: �-20BIT�CLi�A
Avvard l'caa• (Yca�• of Arvard fi•om HHS ta TDIiCA}: 202D
U�iquc �:ntity Identifier iYu��3be�: 14733G9C5
S�CTIOn ]. YAR'I'ItiS TO T}i� CQNTRACT
This 2020 Lo�v Incon�e IIome Encrgy Assistance Program {"LIHEAP"} Weati�erization Assisiance Program Co3�iract
("Contract") is made by and between ilte Texas Department of Housing a»d Co�m�unity Affairs„ a public and official
agency ot tl�e Staie of' Texas ("Department") and City of FoG•t �Vorti�, a pnlitical s�iUdivision of the State of' Texas
{"Subrecipie��t") hereinaltcr tlie "Pac�ties".
S�CTION 2. CONTRACT TFRM
This Contract s1iall comrnence on Janu�ry Oi, 2020, and, unless earlier tcrn�inatecl, shall end on Decembet' 3I, 202U
{"Caiitract Tc��m").
SLC'fTON 3, SUBR�CIP'IENT P�RTORMANCE
A. Subrecipienl shall implemeni a We�therization Assistance 1'rc�grain ("WAP") in accordance with the p�rovisions of
Part A of the Encrgy Conseavatio« in Existing Buildings Aci of 197b, as amettded {�42 U.S.C. §6861 ei seq.)
("WAI' Act"), t3�e sections o€ the i3.S. Deparhner�t of Energy ("DOE") implenlenti��g regulatio»s codrf�ed in 10
CFIt Parts 4d0 and 6DD ("WAP Regu4ations"} as ii�dicated l�erein, 2 CFR Part 200 (as applicable), tlie Texas Wfl['
State Plan, tl�e Texas LIH�;AP State Ylan; tl�e iii3plementing Statc rcgu3ations al Title IU, Part I, Chapler I, Chaptcr
2, and Subchapters A and D af ChapFer 6, of the Te�;as Adn�inistrati�e f:odc as amended oe- supglcmented fi•om
time to time (collectively, "State Rules"), Clidpters 2105 and 230fi of the 'i'exas Gaveet�tnent Code {"State Aci"},
the Low-lncame Home T'nergy AssisYance Act of 1981 as amended (42 il.S.C. §$621 et sec�.) ("LII-IEAP Act"}, �nd
the impiementing regulations codified in 45 CFR Part 9C ("LINEAP Regulations").
B. Subrecipient shaEl, in accordance rvith ihis Coniracl tl��rougE7out its 5eivice Arca, deveEop and implemcnt a WAl' in
ihe countics a»d in accorduice with the terins of th'ss Cont3�act; the certificatio«s atteched heeeto as Addendtmis A.
13, C and T� and inco��pora#ed lierein tor aEl relevan[ purposes; the "Persona] Responsrbility aad Work ppporlunity
Act af 199G ("PRWORA") Rec�uircmcnts for ti�e WAP" altached ltereta as Addendum � and ineorpoi•ated herein
fo�- all i�eleva;�t purposes; tl7e °Rudget and Performal�ce St�steme�t" attached hereto as ��ltibit A and i€rcorporated
f�erein for al] rele�ant purposes; thc "LIIIEAP Prioriry Lisl" altached l�ee�eto as Exhibit B and incorporated hereiE�
for all ��ele�ant puaposes; tl�e assu;•ances, certi6cations, aF�d alt otl�er statemcnts made by Suba-ecipicnt in ils fundictg
u�5der this Coutract; and with all othe�• terms, provisions, and renuiiements he��eiu sct forth.
C. Subrecipient sl�all develop 1nd im�,lement the WAP lo assist in ach'seving a prescrihed [evel of energy officiency in
tl�c dwellings of "Ho�€seltolds" tk�at a��e "Lorwle�come". WAP services will be �arovided to owuar occapied units as
well as re«fal unils. Prioriiy will be given to in no ��articul�r order (1) Houscholds with "�lderly Pcesons", (2)
"Persoiis �viili T7isabililies", (3} Households wifh youug childreii tl�at are age five (5} or yo{mgcr, (4) �IousehoEds
witli a"High �nergy Burden", andbr {S) Households witli "High �.«ergy Consi�mption", as said tern�s are deiined
in 7� TAC �S 6.2. Subrecipient is allo��ed to perform weathcrizntion nteasw'es as defailed in LIHTAP I'riority List,
Ex(�ibit B of tl�is Cont�'act. If Subrecipient teverages LIHEAP with any Deparhneitt of E»crgy �veattye3-ization
f'unds, all federal and state DOE rules and reqiii��ements wil] apply inc[uding but e7ot limiEcd to inco3ne calculation
requiremenFs as aullined in TJe�ariment of �rtefgy - Weatherization Pragranz Notice 18-3 0�• updaied Tncoma
�7etermi3iafion Notice in accordance witl� the 5#nte Ru�es, The work wili be co3nplctcd in accorda€�ce with lhe
international E�ie�•gy Co«servation Code and the minimun� reguirentenis set in tl�e State of Texas adopted
International Residential Code or in jw•isdictions autlzorized by State law to adopt later cditions.
Page 1 of 31
D. S€a�€ecipient shal[ rcfund to the Depa�rtment a�3y sum of tnoncy wl�ich has beeE� paid to Subrecipient by the
Departme�al, which Bepa��tmeni dctc��mines l�as not been strictly spenc in acco��dauce with the teims af this Con[ract.
Sub�•ecipient shali make such refund within ffteen (15) calendar days atte�� the Deparhnent's request.
SECTION 4. DEPARTNIEN7' FINANCiAL OBI.XGATIQIVS
A. in cox�sideratioa of Si�brecipient's satisfactc�ry performance of this Canh�act, Department shall reimbua�se
Suhrecipie€�c far the act��al al[owaE�le costs incurred by 5ubrecipient in the amouut specifed ihe "Budget and
f'erformancc 5tate�nent" attaehcd hereto as �xhibit A.
B. Depa�-tment's obligations under this Conh�act are ca�tingeni upon the aciva[ receipt �nd availability by Dapartment
of adequate 2020 LIH�,AP federal prograre3 functs. If sufficient funds are �sot available to niake payments undea• tiais
Co«t;•act, Depae�rneert may notify 5ubrecipient 'sn wc�iting within a reasaiiable time lfter such fact is determined.
Depa��tmeirt sE3al1 #lien terminate this Contract and wil[ not be lEable for the failure to 3nake aiiy payn�eiit co
Subrecipient under this Conh�act. 37epaffinent acknowledges that it has received obligations fi•om those sources
which, if paid, wil[ be sufficiea�i to pay the allorvable costs incurrcd by Subrecipient under this Conta•act.
C. Department is not liable far any cost incurred by Subrecigient wE�ich:
(1) is incurred to weatherize a dwelling unit which is not an e[igible dwelling unit as deti�ed in Section 440.22 of
the WAI' Regulations, except th�t pursuant to 10 TAC §6.2(b)(2S)(I3) the dwelling unit shal[ be eligible for
weatl�erizatioc� assistancc if 'st is occupied by a fami[y un'sf whose 'sncome is at ar helow o�se h�ndred fifty
percent (150%) of the poverty guidelines updated periodica[ly in thc Federal Register hy tt€e U.S. I�epa��tmee�t
of Health and Human Services under tE�e authority of"Poverty Income Guidelic�es" at 42 U.S.C. §9902(2);
(2) is incurred to weatk�erize a dwelling unit which is designatcd for acq�isition or clearance by a federa[, state, or
loca[ program within twe[ve months from the dste weatheriza#ion of the dwe(ling uuit is scE�eduled to be
co�npleted;
(3} is incur3•ed to �veatk�erize a dwel[ing unit previously weathe�•ized with weatherization assistance program func[s
ar cha�•ged to another LII-iEAi' WAP oa• BOE WAP conts•act, except as ��•ovided for in Section 440.1$(e){2) of
tf�e WAP Regulations;
(4} is for S€�b►•ecapient's ac4ministrative costs i��cu;-red in excess of the maximum limitatioc� set forth in Sectinn 8 of
tl�is Coniract;
(5) is not incurred du3•ing the Conh�act Term ;
(6) is not reportecl to �epa3-tment on a monthiy expenditura or pe�•formance report witk�i€� forty five {45) calendar
days following the end of the Cont��act Term;
(7) is subject to reimhursen�ent by a source othe3• than Department; or
(�) is made in violation of any pravision of ihis Conri•act, includiug the addenduras and exhibits, ar any provision
of federal or state law or regu[a#ion, inc[uding, but not limited to those enumerafed in this Contraci.
T3. Nori�ithstxnding any othe�• provision of this Conh•act, Departmcnt shail unly be liable fo Sub�•ecipient for aflowable
cosis achaalty incurred or perfo3-mances rer,dered for activities speci�ed in the WAP Act and LIHEAP Act.
E. Nofwithstanding any other pa•ovision of this Contract to thc contr�uy, fhe €otal of alt payme��ts and othe3•
obligatiof�s incurred hy the Depa��tment under this Contract shall not exceed the su��� o£ $ I,�80,G20.0�.
S�CT101�' 5. M�THOD OF PAYMENTICA SH BALAi�'C�5
A. [2EQCJ�ST FOR ADVANCE. Subrecipient may request an advance for up to thirty {30) days. Sub;�ecipient's
rec�uest %r cash advance shal[ be limifcd to the �ninimnm amouni needed and be timed to be in accordance with the
actuat, im3nediate cxsh rec�uircments of the Subrecipiant or as� advance oi $5,000, whichever is greater. In earrying
out lhe purpose of this Coat€'acC. Su6recipient must �'equest an advance payment by suhmiftit�� a prope�•ly
completed mnnthly expenditua•c repoE�t to Departn3ent through the e[ect€�onic reporting system no later than the
fifteenth {l Sth) day of the month pr'sar to the montfi foe� which advance payment is sought, together with such
supporting c3ocumentatioc� as the Departn�ent may reasonak�ly request.
�3. DISBURSEMENT 1'ROCEDURES. Subrecipient shall establish procedu3•es to minimiza the time between the
disbirrsement of funds feom Departn�ent to Subrecipie��E and the expanditure of such fands by Subrecipie��t.
Page 2 of31
C. DEPARTMEIVT OBLTGATIONS. Subsectian �(A) of this Co��tract ;�otwithstanding, Aeparin�ent reserves tlie
right ta utilize a modified cost reimbtt��set��ent ntethod of payment, whereby reiinbursement of costs incurred by a
Subrecipient is mac[e only after the I3e�artment ttas reviewed anci approved bac[a�p documentatian provided by the
Subrenipient to suppo3# such cnsts for al[ £unds, if at any time (1) Subrecipie��t ma9ntai;as cash balances in excess of
c�eed o�• requests advance gayinents in excess of thirty (30) days need, (2) Departme��t identEfies any deficiency in
tlie cash controls or financial management system used by Subrecipient, (3) Subrecipienc owes the �epaE�[meni
funds, or (4) 5ubrecipicnt viotates a�ay of thc tern�s of this Co€�trac#.
b. AT,LOWABL�. EXP�NSES. All ftmds paid ta Subrecipieni pursuant to this Contract are fo3• the payment of
allo�vable eape►�di€ures to be used for the exc[usive beneft of ihe [ow-income popalation of Subrecipient's 5eivice
Ae•ea incu;�rcd du��ing the Cant�-act Term. Si�brecipient may incur costs for activitics associated wifh the claseout of
the CEAP contract foe• a period r�ot to exceed forry-five (45) caleE�dar days fi•om the end of the Ganh•act Term.
S�CTION 6. ADMINISTRATIV� Ti�Qi3IR�NiENTS, COST PRINCIPL�S AN➢ AU]lI1' 12k:QYJII2�M�NI'S
A. ADMINISTRATIVE IZEOU]REMENI'S. CQST PRINCIPLES. Except as express[y modified Uy law o�• tlae iea•ms
of this Contract, Subrecipient shall cotnply with the cost principles and unifoe•en administrative requi��ements set
iarth in slate ilnifarm Grant Manageinent Sfandards, 34 TAC §20.421 in ef�ect on the ef%cYive date oF this
Contract ("L1CrMS") Cl�apte;• 783 of the Texas Government Cade and 2 CFR Pai�t 200. Ali references tl�ereiE� to
"loca[ governn�ent" shall be construed to n3ean Subrec'spient.
B. INDIRECT COST RATE. Subrecipient has an agproved indirect cost rate of OAO%, as detailed i�� tE�e [etter from
the cngc�izant agency.
C. Ai3D1T itEOUIREMENTS. Audit requirements are set foith in the Texas Sing[e Audit Act and Subpa3•t F of 2
GFCt Part 2D0. ihe cxpeExiitm•e threshold req�i��ing an �udit is $75f1,000 of Federa[ funds.
D. AUDIT REVIEW. Dep��tment a•eserves the ri�E�t to conduct additional audits of the funds received and
performances rendeE•ed unde�• tE�is Contract. Subrecipient agrees to permit Department o�• its authorized
represenfativc to audit 5ubrecipient's recoa•ds and to obtain a��y clocuments, materials, or information necessaiy to
facilitate such audit.
�. C�RTIFICAT'ION FORM. �ar a;�y fiscai year ending within or one year aftar the Contract Terin, Su�3-ecipient
nlust submit an "ltudit Certification Form° (availab[e fi•oni the 17eparf�nent) within sixiy (60} days aftea• the
3ubrecipient's fscal year end, If the Subrecipient's Single Audit is requia�ed by 2 CFR Part 2p0, Subpart F, tl�e
repoi�t n�ust be subn�itted to the Faderal Audit Clearinghouse (°�AC") the earlier of 30 calendar days after receipt
of tl�e auditor's report ar nina (9} monihs after the ee�d of its 3•espective 6sca1 year. As noted in 10 TAC � 1.403{ r�,
SE�brecipient is required ta submit a notification to Departn�ent withia fve (5) busiRass days of suE�naission Eo the
FAC. Along with the noticc, i«ciicate if the auditor issued a manageinent letter. If there is a management letter, a
copy of the leiter n�ust he sent to the t]epaitn�ent. Both the notice aad the copy o€ tf�e ma��agement letter, if
applicable, must he s�brs�itted to SAandACF a tdEsca.state.�.ns,
F. SUBCOi�T12AC'I'S. The S�brecipient shall include [anguage in any subcontract that provides the Depe�-tmeE�t the
ability to directly review, monitor, andlor audit the oPerational and iinancial perfarmance and/or records of wark
perforEned under tE�is Contract,
S�CT�ON 7. DEOSI,IGATION, T�R1ViIPIA'I'IQN AND Si1SP�l�'SION
A. DEOB�,IGATION, The TJaPartment cnay deobligace fiEnds from Suhrecepient in accordance witl� 1� TAC §1.411,
10 TAC �6.905, ac�d ChapteE• 2105 oftl�e S€ate Act.
B. T�RMINATION. Pursua€�t to 10 TAC §2,202, llepa��tment may teE�rninate ihis Contract, ia whole or in part, at any
time llepartment determines ti�at there is cause far termination. Cause for te�•enination includes but is a�ot limited fo
Subrecipie�it`s faili�rc to comply �vith any temi of this Contract ar reasonab[e helief that Sube�ecipient ca�mot or will
not con�ply with the requirements af the Contract. If the Department determines that a SuE�recipient has failed [o
comply w€ch tE�e terms of the Con#ract, or has failect to provide services that meet appropriate standards, goals, or
othe�• requirements established by ihe Dapa��tment, Department will notify Subrecipient of the defciencies to be
corrected and require t€�e defaciencies be cor��ected p��ior to impleenenti�3g termination.
C. 5C➢SPENSION. Nothing in fhis Sectio�� 7 shall be construed to limit Depart€nent's autharity to withhold payme��t
and im�nediately suspend Subrecipient's performance under this Contract if Department identifes possible
inst��ces of f€aud, abuse, waste, fiscal rrEismanagecnent, or other sericrus daficiencies in Suhrecipient's perforn�ance.
Page 3 of 31
D. Wi'1'HHOLDl�1G OT' PAYMENTS. Notwithstandi��g any exercise by Depai�t�ient of its right of deobligation,
te��mie�atio�� o�• suspension, Subrecipienc shatl ;�ot be relieved of any liabi[ity io Department for damagas by virhie
of any breach of this Contract by Subeecipient. Depar€rnent may wiihho[cl any payment due to Subrecipient unti]
such time as thc exact amount of damages clue to Dapa�-3ntent is agreed u�on or is o#herwise determi��ed in writing
between Parties.
�. LIABILITY. Departtnent sliall not be [iab[e for any cosfs incurreci by Subt'eci�ieni a$cr terrrsination or during
suspension of this Cont�•�ct oe for a��y cos€s [hat are disallowed.
P. GENEI2AL. 5ubrecipient's failure to expend the fu;�ds providecE under this Contract in a ti�nely inanner may ;•esult
in either the tenninAtion of this Contract or Subrecipient's ineligibitity ta eeceive additional func€ing under WAP, or
a reductinn €€3 tl�e ori�inal allocation of funds tv Subrecipient.
S�CTION S. ALLOWABT�� ��P�NDITUR�S
A. The al6owability of 5ubrecipie��t's costs incurred in the performa�ce of this Coniract sha[1 be de#ermined in
acco�•dance witi� the p��ovisions of Sections 4 and S of this Conh•act and the regulations set forth i�i Sectio�� 4�}�.18
of the WAP F�egulations, subject to tl�e lin�itatinas and exceptions sat fo:�ih in this 5ectio�i 8.
B. 'To the maximum exte�c p�-acticabfe, Su6recipient shall i�tilize funds grovided u��der this Coniract for the purchase
of weatlierization n�aterials. Subrecipient sha[1 weatherize eiigible dwe[ling units usi�g oa�ly we�therizatio�i
materiats whicf3 meet or exceed the staadards prescribed by DOE in Appenciix A to Part 440 of the WAP
Regulatio�is, 5tate of Texas adopted Intere�ational Residential Code ("IitC") or ju3•isdictions aisthorized by State la�v
to adopt later editions.
C, Administrative and program services activi#ias fu3�ds are earned t[�rougt� provision nf direct services to clienYs in
accardance with tt�e State Rules. 5ubrecipient may choose ta subn�il a final budget ravision no later tl�an fo��ty-�ve
(45) calendar days prioc• ic� tk�e end of the GantE•act Term to use its administrative anc� progra�n services fu��ds fo��
direct service categories.
D. Poz• units where 5ubrecipient leverages with any DOE weatherizatio�� funds, al[ weatherization measures installed
�nust have an approved State of '1'exas Iinergy Audit sxvings-ta-investment ratio ("SIR"} of one or greater u��less
ofherwise indicated as healtl� and safety ar incidental rcPair items. Weatheriration measui�es instal[ed shal] hegin
4vith those having ihe greaiest SIR (on approved St�#e of Texas Energy Audit) and �3ncecd in descending order ta
the measures with the sEnaliest SII2 or anfil the maximu�n allowab[e per unit expenditures are achieved.
�. Allowable expendihares under th€s Cantract incl�de:
(I) the puecl�ase and delive�y of weatherezation materials as defined ic� Section 440.18 o1'the WAP Regulatians;
{2) if Subrecipient leverages LIH�AP witEz any DOE weatherization funds, labor costs for doors, p�•ima�•y
windows and storm windows that will result in approved energy savings with a SIR of oae oe greate�• in
accardance with 5ectian 440.i9 of the WAl' Itegu[ations;
{3} tlie cost of weatherization �naterials aad labor for air and duct sea(iug, insulation, al[owable base load
reduction measu�•es, heating aad cnoling system tune ups, repairs, modification, or rePlace�nents, Wk�enever
avai[able, hcating and coolang syste�ns must have an Energy 5tar rating;
(4) transportation of weatherization and repair matea•ials, ;toals, equipmant, and work crews to a storage site and
fo the site of weathe�•ization work;
(5) maintenance, ogeration, and insurance of vehicles used to transpart weatherization materials;
(6) maintenance of taols and equipment;
(7) �u�•chase or lease of taoEs or equipment;
(8) emp[oyment of on-site s�pervisory personnel;
(9) storage of weatherizatio« n�atariais, tools, and equipmen#;
(10) incidental repairs (such as repairs to roofs, wal[s, floors, and oiher parts of a dwelling unit) if suc[� ��epai3•s are
necessa�•y for ilie effective pe��forrnance or preservation of weatherization measures (If incidental repairs are
necessaiy to make the installation of thc weatherizatioc� measures effectiva, tE�e cost of incidental repair
measures charged to WAP funds awarded under #his Cont��act shall not exceed the cost of weatherization
meas�Eres ct�arged to WAP}; and
(i R) allowable health and safety measures.
Page 4 of 31
F. �-iealth and Safety funds not expa��ded may be moved to the labar, materials, a��d prograin support categoiy, These
changes will rec�uire a Contract action; tiies�efore, 5ubrecipie��t mi�st Provide written notificaiian to the Depac�imeni
at least ibity-five (45) days prior to thc end of ti�e Cantract Terin before these f imds can ba moved.
G. Administrative costs incurred by Subrecipiefit in ��ei�form'sng tl�is Coiriract are ta ba based on actual prog�•ammatic
expendihu�es and shall be a{lowed up to che an�ou��t out[ined in the °8udget and Ferforma€3ce Statement" as Exhibit
A, Aflowable ac[minish•ative eosYs may include reasonable costs associated with Subrecipient's administrative
personnel, f�-avel, ai�dit fees, oi'�icc space, aquipment, and suppties which are �iecessa€y for tf3e adn�inisfratio�3 of
WAT'. Administrative costs aE�e earned based upan the a3lawable percentage of total al[owa6le expenditures,
exc[uding tk�e allowance for Depar�ment/LIHEAP Training Trave] or spacial equipn�ent purchases. Snbrecipie3�t
�nay use any or all of the func[s aliowed for administxative purgases undee ihis Conri�act fo3• the purchase and
de[ivery of weafherizatio�� ma[erials. `I`(iese clianges wil[ require a contract action; therefore, Subrecipie�it n�ust
provide written noYification ta the Departmee�c at least forty-five (�5) calendar days prior to the end of the Cont��act
Te;m before these funds can 6e n�oved.
�i. Ta tt�e maxinni�n extent practicable, Subf•ecipient shsll secure the services of volunteers to weatherize dwelling
units under che direction af qualified supervisors.
5�CTION 9. Ii�CORD ICG�PING REQUXI2�Wf�NTS
A. GENTRAL, Subrecipicnt shall comply with the record keeping requirements set fo3-th below and at Section 440.24
of the WAP Regulatians and shal( maintain fiscal and programmatic i•ecords and supparting documentation for all
expenditures of funds made under this Conh•act in accordanca with the state Uniform (irant Manageinent
Standards, Chapter III, "State Uniform Ad�ninisn•ative IZequirements for Gra�ats 2nd Caope�•ative AgreemeE�ts",
Subpa:�t C-I'ost Award Requirements, §_.42, Subrecipient agrees to con�ply with any changes to the UGMS'
recard keeping rec�uirements. For gurposes of complixnce monitoring, all associated docuinentation c�iust be
a�eadily available, whether s€ored electronically or hard copy to demoustrate compliance with Subrecipient
Performance as autlined in 5ection 3.
B. CL{EN"I' FILES. �,xcept as othe3•wise described ic� i0 TAC §6.14 regarciing sheiters, for each dweiling a�nit
weatE3eri•r_ed witE� funds received fi•om LiiiEAT' WAP undcr this Co��cract, Subreci�ient shall maintain coc��plete
c[ient fles at all times as described herein. Costs associated with incomplate f[es found at the fime of prograna
monitoring may be disaltowed. Each file shall contain the foliawing infarmation, includ'sng the foliowing
IJepartmef�t forms faund in the Coinmunity Affairs T7ivisio�a sactian of the Departnient's website at
htt� •Ilwww.tdhca.state.tx.us/cam�nunitv-affairs/wap/�uidauce.htm#forms,
(1} Sig��ed and con�pleted "Application for Weatherizatia�i 5e�•vices" form indicating the ages of the 3•esidents,
prese��ce in the Household of oh'sldren age five (5) nr younge�•, Elder[y Persans, and 1'ersans wifh Disabilities.
Date of said application a��d associated documents must be witE�in twelve (12} months of the start date
indicated on the `Building Weatherization Repor[" ("BWTt");
(2) Twelve (12) fnonth consume�• billir�g his#ory far utilities;
(3) Consump#ion disclosi�re 3•elease £o3�rn {#'ar access to consumption data fo�• ase i�� surveys and studies);
(4) Prioi•ity Ratie�g Sheet;
(5) EligibiIity documentation in accordance with the follawing:
a. Subt�ecipient must use the definition of "income" in I O TAC §6.4.
b. Su����ecipient must provide docun�entationlveriiicafion of clicnt income for the thirty (30} days preceding
tk�eir appiicatian fo�� all Hausehalci members eighteee� (18) years and olde��, or provide a"T3eclac�ation of
lncon�e StatemenY' ("➢IS") fnrm (if appGcable), In order to use the D[S form, each Subrecipient sE�al(
develop and implement a weitten policy and procedure on tE�e use3• of fhe form, including palicies
requiring a cleeut sta€en�ent of efforts €o obtain docunientation of incame witk� a ciient signature. Proof of
income documentatio�t requirements aE�e the same for both single and muilifa�ni[y housing. All proof of
income musi reflect earnings from within twelve (12} months of the start date indicated on the "Building
Weati�ea•ization Report" ("BWR").
c. No dwelling unit shal] be weathe�•ized witl�o�t documentatio3i that the dwelling unit is an e[igible dwelling
unit as defined in Section 440.22 of the WAP Regula#ions, except fhat pursuant to 10 TAC §6.2(b)(2&}(B)
the dwelling unit sha[1 be e[igible foc• weatherization assistance if ii is occupied by a family u3�it whose
income is at or below one hundred fifly percent (150%) of the "Poverty incocne Guidelines" at 42 U.S.C.
§9902(2).
f'age 5 of 31
��)
��)
(g)
i9)
(10)
(11)
(12)
(13)
Ei�)
(I5)
E��)
{17)
{I$)
{1�)
{ZO)
{2i)
(ZZ)
(23)
(24}
(25)
BWiZ foa•�n includi�g certifrcatian of final inspectio�� and justification far omission ofprio3•ities if applicable;
I�ivoices of n�aterials purcE3ased o�• invento�y remova] sheets;
I�rvoices of ]abor;
If a�•enial u��it, "La€�cilo��d Agreement" form, "Landlord Financial Pa�•€icipatioca" form and "Landlord
Permission to Per%rm Assesstnent &�ttspections far Rc€�tal Llnits" form and al[ other landlord forms found
in the Community Affairs Division section of the �epartment's website at
]�ttp://www.tdhca.state.�.as/community-affairs/wap/dacs/10-W APLandlord.pdf;
"Notice ofDenia] and Appea[ Righfs," if app[icablc;
Signed a€�d dated "Building Assessment" form, ta include existing ef�"iciencies of al[ (�eating and cooling
app[iances (Manual.0 and Mailual S};
"AtiiclWall inspection" farm (loca[ design allowed);
IJocumentation ofpre/�ost weatherizafion ca�'bon monoxide readings fo�• al[ comb�stible appliai�ces;
"$]owea• Door 1'erfarmance 5tandards and I7uct Blower i7ata SheeY' forn�;
T�efi•igerator metering i��foE�E��ation;
Clie�ii �ducation Verification;
Siga�ed client "Ftefrigerator Replacement Fo���n" (if appl'acabEe);
Completed, signed and dated :Priority List" fo�m {if ap{�licable);
A can�Plete copy of ihe approvad Stafe of Texas �nergy Audit (if applicable);
Signed clieat receipt af che "Llnified Weatherization E[ements Notifica#ion Form" that inct�des lead haza�•d
infom�ation, ideF�ti�cation of mold like substance, and stata 13istarical preservation i�iformaiion;
Work Order;
CAZ Testing;
Pre/Post-ASHRAE Printout (RED Calc); and
Signed ciient �•eceipt of "Mold-Like Suhstancc l�iotificateon xnd Release Form foe Texas Weatherization
1'rograms" (if app[icable}.
�inal inspectian form t[aat allawlble meas�res are compEeYed as per work arder.
C. MASTERFILES. For eac�� ��aultifamily project weatherized witi� ftmds
Contrt•act, 5ubrecipie�it shall m�intain a master fi[e containing the follawing is�forEnation:
(1) "Multif�mi[y Praject Quilding Data CEaecklist' ;
(2) ivtu[tifaFni[y Project Completion Cl�ecklist";
(3) "Landlorci Permission to Perform an Assessme�t and Inspectine�s for Re:�ta[ iTnits";
(4) "Landlord Agreement" forn�;
(5) "Landlorc� Fi��ancial Pai�ticipatiau Form"; aad
(6) significant data rec�i�ired in all cnultifamily projects.
recaived fi•om LIFTL.AP u��der tE�is
D. ST`ATVDARDS FOR MATEIZiALS. Materials standards docua�entatian for weatl�erization material purcl�ased
under this Cont3•act must be ma9ntained. These stae�dards must ���eet the requirements according to Appendix A to
Pa3't 440 of ttte WAP Regulations,
E. ACCE3S TO REGQIZDS. Subrecipient shall give U. S. Bepartment of Heaith and Human Se�•vices, the U.S.
Genera[ Accounti��g Office, the Texas Compirollet•, the State A€�ditor's Ofiice„ the CompErolle�- General of tl�e
Il�iced States, and Bepa�-tment, or any of thei�• duly au#hori•r.ed rep��eseniatives, access to and thc right to examine
aud co�y, on or off tlte preraises of Subrecipient, all ��ecords pec�iaining to this Cont3•act. Suck right to access shall
conti��ue as long as the records are retainect by Subrecipient. Subrecipient agrees #a cooperate with any
eaarninatian conductecf pursuant to this Subsectioc� �'.
F. RECORD RET�NTIOTV. Subrecipient agrees #o maintain such records in an accessible location for the g�-eater of:
{i} the tinia period described in the state Unifarm G�•ant Management Standards, Cktapter III, "State Uniform
Adtninistra#�ve Requirements for Grants and Gooperative Agreefnents", 5ubpart C-Post Award Requirements,
§_,42; or (ii) a date consisfent with any o[her periad required by the performed activity rcflected in fcderal oc• state
law or reg�lation. Cipoc� termination of this Contract, al[ ��ecords are praper€y of the Dcpa��hnent.
G. OPEN ItECOR�S. Suhrecipient acknowledges that all infarmation collected, assembled, or mai3�ta€3�ed by
Suhreci�ient pertaining to tEsis Conte•act„ except records made con�dcntial by 1aw, is subject to tl�e Tcxas Pub[ic
Infbrmation Act (Chapter 552 of t9�e Texas Government Cocte) a;�d musl provide citizens, pu�lic agencies, and
athc;� iEiterested �a��ties wit[3 reasonable access to a[1 records pertaining to this Conh•act si�bject to and in accorda��ce
with the Tcxas P�blic Inforn�ation Act.
Page 6 of 3 l
H. HOUSEHOLD ASSESSMENT. Sub3�ecipient must conduct a full Ilousehold assessment addressing all possible
allowable weatf�era r.atio� cneasures.
1. SUBCE�N`I'RACTS. 5ub��ecipient shall iaclude the substance of this Section 9 in a[1 subcontracts.
S�CTION I(l. R�POit'CTIVG It�QUIREMENTS
A. FiJNDiN('s TtT'PORT. By the 15th of each mo�sth, Sabrecipient shall e[ectronically submit to Beparhnent a
Pe��foE•�nancc Report lis#ing demographic information on al[ units compieted in #he p�•evious montli and an
�xpenditure 12eport listing all expenditures of fiinds under this Conts•act dur'sng the previous month. These reparts
are due even if Subrecipie«t has no new activity to report duri��g tE�e 3]1O11tIt. BOTtl rapoirts shall be submitted
electronically.
B, Ffl�IAL R�,PORTS. Subrecipient sE�all e[ecfronicntly suhmit to Departmec�t no later than forty-fiva {4S} ca[endar
days after the end of tlie Contract Term a final expenditure and program�nAtic repo�t utiiizing the Monthiy
Expe�idifu�•e Repnrt. Thc fai[ure of Subrecipient to provida a full accounting of all funds expended under this
Contract �nay result in iueiigibility co receir�e additional funds or additional contracts. Afler forry-five {45)
calendar days, any expenditu��es not reported to lhe Department wil[ result in funds being reallacated io LIHEAP
purpases.
C. TNVEN"I'ORY. Iu accordance witli FO TAC �i.�D7, Subrecip€ent shall suhmic to Deparhnent no [ate�� than
forty-five (�5) c�lendar days afier the enc[ of the Contract Term an inventocy of a[1 vehicles, tools, and equiPrc�ent
with a u;�it acquisition cast of $S,O�O.OD or more andlor a useful ]ife of more than one ye�r, if purchased in whole
or in pa�-t witli funds received under tE�is or pc�avious weatherization assistance program Contracfs. The inventory
shall reflect thc cools and ec��iipment on l�and as af the [ast day of the Coniract Ta��m.
D. DATABASE. Subreclpient shail update the PreviousEy Weatherized Units ciata[�ase no lateE� than fifteen (I5) days
after ihe end of each mc�nth of the cantract for units waatherized undee this Contract.
E. F-IOUSEHOLi� DATA. By the 15€h of aach nionfla, Subrecipient sha[1 eiect�•onically upload data on T�ouseholds
served in tk�e previous �nonth into the CA Performauce Measures Module located in the Comm��niry Affairs
Contract System.
F. O'�'H�R REFORTS. Subi•ecipient shall submit other reports, data, and information on the perfo3�mance of this
Contract as may be a•equired by DOE pursuant to Section 440,25 of the WAP Regulations, by i3. S. I3epartme�al of
Health and T�urr�an Services (HH5}, or by tE�e I7epaz•lxnent,
Cr. �E�AULT. If 5�brecipient fails to submit, within forty-five (45) calendar days of its due date, , any repart or
F•espo�se rec�uired by this Contract, incl�Eding responses to manitoring reparts, Deparrinent may, in its sole
discretion, deobligate, withf�old or sttspend any and al[ payments othe�•wise duc or �•equested by Subreci�ient
hereuncler and/a�• initia€e ���oceedings to tcrminate this Contract in accordance w9th Section 7 of this Coatract. If
Subreci��ient receives LiHEAT' WAP fiinds fram tlie Depai�tment over two or morc Contracts of subseque��t teims,
funds may be withheld oe• this Contract suspended or te�•minated by Sub�•ecipient's failure to submit a past due
repart or response (including a report of audit) from a pE�iar Contract Te�•n�.
EI. LlIVIOU� ENTITY IDENTIFIER NCJMB�.R, Subrecipieni shal] provide the 17epartnaent with a Data Llniversa[
NucnbeE�ing Systeen (DiTNS) number and a Ce�tral Contractor Registration (CCR) System r�umber to be useci as tf�e
T]nic�ue Entity Identifie�� l�u;nber on all conh�acts and agreements. Tl�e DUNS numbeE� must be provided in a
docutnent from �un and Bradst�-eet and the cur��ent CCR numbcr mast be subn�itted fi•om a documec�t retE�ieved
fi•oin the https://www.sam.gov wehsite. Tliese documents must be provided to the 17epartrr€ent prio3• to thc
praccssing farst payment to Subrecipie�at. Subrecipient sha[1 maintai�i a cuE•►•ent DLTNS nuntbeE• and CCR nu�nher
for ihe entire Contract Term.
SCCTION l l. CHANGFS A1VD AM�IYDM�NTS
A. AMI�NDNLEI�ITS AIdD CHANGES R�,OLTIRED BY LAW. Any change, �dditioE� or deletion to the terms af this
Co«tract required hy a chae3ge in fcdarat or state law or regu[atio�� is 2utomatically incorporated he;•ein aiid 'as
effective on fhe date desigs�ated by such law or �•egulation wiihout the rcq�irement of a wriifen amendment hereto.
Said cE�anges, additians, or dele€ions referenced under this Subsact'so�i A of Section 11 may be furtk�e�• evide��ced in
a �v��itten amendment.
Pagc 7 of 31
ir3. CrrNERAL. Except as specifically provided otkterwise in this Conh•act, any chailges, additions, oe• de[etio«5 to tE3e
terms of this Cont�•act not required by a chauge i�a state or federal law or regu[ation sha]( be in w3•iting and executed
by both Paaties to this Contract.
C, I'ACSIMILE SIGNATUILES. if any Party retuins an executed copy by facsiE��ile machine or elecironic
transmissian, the signing garty intends the copy of its authorized signature p�•inted by the receiving machine or che
electronic #ransmissiot�, to be its nriginal sig;�ature.
T}. REQUEST. Writtac� requests far Co«tract amendment must be received by fhe Depa3•tmerat by no later than
forty-five (45) days p�•ior to tk�e end of Yhe Contract Term.
S�CTION 12. PROGRAM INCOM�
Subrecipient shall account for and expend p�•ogram income de3�ived fron� activities fnanced in wl�ole or in part witi�
Funds p�•ovideci u3�der this Contract in accordance with the state Uniform Grant Managerr�ent Standards, more
speciftcally Chapter ITi, "State Ll��iform Administrative I2equirentents FoE• Gran#s aad Cooperative AgreeE��ents",
Subpat•t C- F'ost-Award Requirements--Pinancial Adm€t�istration, §_.25, Program Incon�e.
SEC'iION 13. 1�17�P�ND�NT SU13R�CIPIENT
Subrecipient is an independent contractor,
SEC'i'TOIV 1�1. PROCIJR�M�NT S'1'AIYIlARDS
A. Subreci�ient shall comply with UGMS, 10 TAC §1.404, and atl sspplicable federal, state, and loca[ laws,
regulatians, and ordinaaces for making procurement iransactions and purcl�ases �ncier this Contract. If leveraging
DOE fuuds, Subrecipient sl�all alsa comply with 90 CFR �600.236(b-i).
B, 5ubrecipient may not use funds provided under this Cont3•act to purci�ase equipment (as defined by UGMS) with a
unit acquisitio❑ cost (the net invoice uniE price of an item of equipment) of more than $5,000,00 or on any vehicle
purchase un[ess Subrecipient E�as received the p�•ior written approva[ from the Department for such pwrohase.
C. Upon the termination of tl�is Contract or non-eenewal of the funds hereunder, �7epartFnent 3nay fra��sfez• title to any
sucli property or equipment havin� a useful life of one yea�• or ino�•e oz• a unit acquisition cost (fhe net invoice unit
price of an iiem of equipment) of $5,000.00 or n�ore to i#self or to any other e��tity E�eceiving Departmenl funding.
S�CTiON I5. SUBCON'1'RACTS
A. Subrecipient may nat subcont�•act or subgrant the p3•imaiy pes•formance of this Cont��act, incl�divg but not lic��ited #o
expec3ditua�e and performance reparting and drawing fu«ds tE�rough ti�e CommiEnity Affairs Contract System, and
only inay enter into praper{y procured subcontractual agreements iar consulting and aiheE• ��•ofessional services, i#'
S�6recipient has received Bepartment`s p3•ioa• writ[en approvat. Subrecipient may subconh•act for the delive�y of
client assista3�ce withc�ut obtaining Depai�ta3ent's prioa• approval. Any s�bco��tract fnr the delivery of client
assistance will bc sabject to monitoring by the Aepa�-tment as pe�• Section 19 of ti�is Coniract. Subrecipient shall
inspect all subconh�actors' work and shall he ��esponsible €ar ensuring that it is conipletecl in a good and
workma�3like manner. Subrecipient shall rr�alce no payment to suhcontractor until aEl work is comple#e and E�1s
passed a fina[ inspection.
}3. In no event shall any provision af this Section 15, specifically the rec{uirement that Subrecipient obtain
F]epa��imcnt's p3•ior writte❑ approval of a subcof�£racto3•, be consirued �s relieving Suhrecipie��€ of the responsihitity
for e��suring tl�at tl�e performances rendeG•ed under all suhcontracts are rendered so as ta coinply with a[1 of the
terms ol' tE�is Conh�act, as if suc1� performances rendered were rendered by Subrecipient. Bepai�tment's approval
under th€s section does noi constifute adnption, rati#�cation, or acceptauce of Sub�•ecipient's or subconfractor's
perfor�nae�ce he3�eunder. Degartment mai;itai��s tE�e right co monitar and �•equi►•e Subrecipieni's t'uEl conapliance with
the ierms af this Contract. Department's approva[ under this Sactian IS does not waive any right of actioe3 wliich
may exist or wEaich tnay subsequently accrue to DepaE•iment under tt�is Cont��act.
C. Every initial assess�nent, every priority list measure, cvery approvect State oF Texas Energy Audit, and every final
i�ispection is the sole responsibility of the 3ubrecipient. Suhrecipient may request in writing that tk�e Departcnent
pea•mit the Subrecipicnt to subcontract the performance of assessments, auciits and fi��al inspectioi�s. The
Departn�ent �vill review each request separate[y to detaeenine whether the request will be gi•anted.
Yage S of 31
SECTION lU. 1VIA1V.I.GEM�NT OP' EQUiPiVf�NT AND INVEN7'OXt'Y
A. S�bf•ecipient acknowledges that any vehic[es, fovls, and equipnient with a unit acquisitian cost of $S,00a.00 o�
n�oc•e and a useful life oF �nore than o»e year, if pi�rchased in who[e or in part wiYh fimds received under this or
previous weati�erication assistance program Contracts, are not assets of cither tha Su6;•ecipient or the Depar�mec�t
b�t are held in t��usi for the Weatlieriiation Assistance T'►�og�•an� and as such are assets of the Weatherization
Assistance I'►�ogra3n.
B. Subrecipient s(�all davelop and implement a property n�anagemartt system, wh€ch coinplies with 10 TAC §1.407.
Subrecipient shall not use, transfer, or dispose o1' any progerty acquired in whole or in part wiih fimds provided
under this or a p��evious wea€herization assistanea progran� Contract except in accordance wit[� its own prope�•ty
management system.
C. FJpon termination of tl�is Contract or noii-renewal af the funds hereundez•, the I�epartment may E•ec�uire tra��sfer of
the title of equipn�ent to a third parry nained by tl�e I�epart�nent, Such a h•ac�sfee• shall be subject to the Following
siandards:
(1) The equipmet�t shall be approp�'iately idettti�ed in tlte award or otE�erwise n�adc known to the recipient in
writing.
(2) The Departn�eut will issuc dispasition i3�stE�€actions atter receipt of fina[ inventory.
D. S�breci�ient st�all establish adequate safegi�a3•ds to pravent loss, dainage, 03• theft of property acquired E�ere�«der
and shall proniptiy repoe2 to Depai4ment a��y loss, damage, or theft of property with an acyuisition cost of Pive
Tl�ousand and No/100 I3ollars {$5,000.00) o�• mare.
E, In addition to the inventory of tools and equipment requie�ed under Sectioi� IOC, Sub3•ecipient shall takc a p[�ysical
inve3�tary of all WAP n�aterials and shall :'econcile the resulfs �vith its property records at feast o�ice every year.
Any differences between quantitics determined by #he i��ve�itoiy and thase showii in Yhe properry reco��ds shat] be
iErvesfigated by 3uhrecipient to determine the cause of the difference.
SECfIO1V 17. BONi7iNG AND IN5i1I2ANCE R�Q[1IR�M�N'TS
A. PAYMENT AI�D PERI^ORMANCE BOND RE UIREMENTS. If Sub��eci�ient wilf ente�• in to a contract fo3•
wea€herization accivities with a third-party in the amo�nt of $25,000.00 or greater, Subrecipient must execute rvith
the contractor a payntes�t bond ia the iu[1 amottnt of the contract. Tf the SubreciPient enters into a co«tract with a
pE•ime cantractor ir� excess of $[00,000,00, a peE�forE��auce hond in the fuli ainou��t of the contract is aiso required.
These ho:�ds must be executed by a corporate surety authoe•izec3 to do husiness in Texas, a list of which �nay be
o6taiE�ed fram the State Insurance Depaitment. Such assu��ancas of complecion will run to the I3epartment as
obligee and must be documented prior to the start of weatherization activifies. TE�is bonding requi€ement app[ies as
set forth in 10 'T'AC § 1.405 and ta the extent required by federal o�• state l�w.
B. INSURANCE ItE UIREMENTS, Subrecipient st�all maintai�� adequate parsonal injury and property dama�e
liability insu;•ance. Se3breaipieut is encoe�raged to obtain pollution occurrence ins�rence in additioc� to the generai
liahility insurance. Gene�•ally, reguiar ]iabilify insurancc policies do not provide coverage Cor potential effects of
many health and safaty �neasures, such as leaci disturbances and othee� pollution occurrence items. Subrecipient
should review existing palicies to detern�ine if lead contamination is covered. if it is not, 5ubreci�ient should
consider securing adequate coverage for all consfruction projects. Additional liability insurance costs may be paid
fi•om adminish•alive funds. The Depa��hnent strongly recomn�ends tl�e Subrecipient require their contracto�s to carry
pallufion occurrence insurance to avoid being liable for any mistakes the contraciors �nay make. Each agency
should get a legal opinion E•egarding the hest course to take foc imp[ementing tf�e pollufion occurre€�ce insurance
coverage.
S�CTION 18. LITIGATION AND CLAIMS
Suba�ecipient shall give Department immediate written notice of any clain� or action �led witE� a coart or administrative
agency against Subreci��ient and arising out of tE�e performance of this Cnntract or any subcontract hereunder.
Suhrecipient sE3all furnish fo Department copies of all pertinent papers received by Subrecipieni wifh res�ect to such
action or claim.
Page 9 of 31
S�CTION 19. TECHNiCAL ASSISTANC� AIVI) MONITORI�'�
A. Department may issue technical gi�idance to exp[ain the rules and providc directions on the te��ns o� this Contract.
Installafion of weatheriza#ion cnaterials sf�all be in aecardance with the Material �nsiallation Standards Manua[.
F3. Depacrtment or its designee may conduct on and off-site n�onito��ing and evaluation of Subrecipient's co�npliance
witia thc terrns of this Contract. Departa�enYs mo��itoring may include a review of the efiiciency, economy, and
eificacy of 5sabe�ecipient's performance. Department will notify Si�brecipie��t in writing of any deficiencies aoted
duri��g such monitoring, Beparhnent may provide €raining and technical assistance to Subrecipient in correcting the
deficicncies noted. Departn�ent may requiz�e carrective ac[ion #a remedy deficie��cies noted in Subrecipie�t's
acco«nting, personnel, procurement, and a�anagenicnt p�-ocedures and systems in ordeE� to coinply with 5tatc or
Federa[ requiren�ents. Department may conduct fo[low-up visits to review the previously noted defciencies and to
assess tE�e Su(�recipient's etforts made ta correct them. Repeated deficiencies �nay result in disallowed costs.
Depai�tenent may ier��inace or suspend ihis Contract or invo[ce othe�- ramedies Depa�•tmant determines to be
apprapriate i�z the e�ec�t cno��itoring reveais mate�•ia{ deiiciencies i�� Subrecipient's perfarmance, or Subrecipient
fails to correct any defciency witliin a c•easonaFile perind of tin�e, as dete�•inined by the Department. Department o;•
its designec may conduct an ongoing program evaluation ihrougE�oat the Conh•act Term,
S�CTIdN 20. E.�GAL AT�'CFIORITY
A. LEGAL AUTHORtTY. Subrecipient assures and guarantees that it possesses the legal autho�•ity to enter into tE�is
Contract, to receive and manage the fimds autho��ized by this Cont��act, and to �e�•fa�•m the seivices Subrecipient E�as
ob[igated itself to perforn� hez•e€�r�de3•. 'ff�e execution, delivery, and performance of this Contract wil[ not vioEate
5ubrecipient's cof�stitutive docume��€s or any requirement to which S�brecipient is subject and represents the iegal,
valid, and binding agreement of Subrecipient, enforceable in accordance with i#s terms.
B. �IGNATLTR� AUTHORiTY. The person signing tf�is Conh�act on heha[f of Suhrecipient hereby warrants that
halshe k�as been authorized by Sub��ecipienYs gaverniag boas•d ta execute this Contract on bei�alf of Subrecipient
and to validly and legally bind Subrecipient to all terEns, provisions and performances heG•ein.
C. T�RM1NATiON; LtABILITX. �epartment sl�all have tlie rigl�t to suspend or terinin�te this Coi�cract if fhere is a
dispuie as to tl�e lega[ authority of either 5ubrecipieni oa� the person signing tliis Contract on behalf of SubE�ecipient,
to enter into this Contract or co render performarices hereunder. 5ubrecipient is liable to FJepart�nent for any moi�ey
it has received fron� Departme��t for performance of the provisions of fhis Conh•act, if tl�e Bepartment hgs
ter;ninated tE�is Contract foE• E•easons enur€�era€ed in this Saction 20.
D. IVIERGER: DEEAIJLT. Subrecipient understands that it is an event of default under this Contrsct if the
Subrccipient Gquidates, te3•n�inates, c[issolves, me�•ges, consalidltes or fails to maintain good standing in the State
of Texas, and such is not cured prior to causing n�ate:•ia[ har�n to Subrecipient's ability to perfoin� under the terms
of ti�is Coe�tract.
SECTION 21. COMFLIANCE WITH LAWS
A. PEDERAL, STAT�; AND LOCAL T,A,W, Subeecipient shall comp[y wiih the T�IHEAP Act, the WAP Act, the
WAP Regulations, fhe LIHEAP Regu[ations, any applicable Officc of IVlanagement and Bf3dgcf ("OIV1B")
Circulars, the �'exas T70� WAP State Plan, LIH�AP State Plan, the State Act, the State Ru[es, the cei�tifications
attached, and a[1 federal, scate, and loca[ laws and regu[ations app[icab[e to the performance of this Conh•act.
Subrecipient sl�al[ not violata any federal, state, or local laws, sta€ed herein o�• ot4�erwise, no�• commit any illegnl
activity in the perfo3�m�nce of or associated with the per€ormance of this Conf�•1ct. No funds under this Conh•act
shall be used for any illegal activity or activity tE�at violates any fedea•al, state oe locai laws.
B, DRLJG-FEZE;� WORKPLAC� ACT O�' [988. The Sub��ecipient affirms by signing this Conteact and the
"Ce��tification Regarding Drug-Free Workplace [tegui��ements" attached hereto as Addendum B that it is
icnplementing the Brug-Free Workplace Act of 1988 (41 U.S.C. §'701, e1 seq) and �iUD's 'smplement'sng regulations
includin�, wit[�ou€ limitation, 2 GFR Pa�ts 182 and 2429.
Fage l0 af 3 L
C. LTMIT�,D EAIGLISI� PROFTCTENC'Y "LEP" , Sabreci�ient must provide program applications, farms, and
educational ma#eriaEs i�� E��glish, 5panisi�, and any a�prop�-iate language, based on the needs of tl�e Service Area
and in compliance w9th the requirements in Executive Ordez• {3i66 of August 11, 20�0 of August 11, 200�, To
ensure comp[iance, the Subrecipient must take reasonab[e steps to insure th�t persons with LEP havc meaningful
access #o the program. Meauingful access may entail providing lac�guage assistance services, i��cludi3�g oral and
w;•itten h�anslation, w(�ere necessa�y.
D, iNFORMATIpi�I SECLTRITY ANL7 PRIVACY ILE UII2EMEl�ITS. 5ubrecipient shall camply with thc
inforn�atian security and prevacy requireanents under 10 TAC § 1.24 to ensure the security and privacy of Protected
Infarination (as said term is de�ned under 10 TAC §I.24).
E. 1'T2EVFNTiQN OF TRA�FICKII�G. Sub�•ecipicnt and its contractors must comply with Section 106(g} of the
T€•afficking Victims Protectinn Act of 2000, as an�ended (22 U.S.C. §7I04 et seq.). Tf Subrecipie��t o�• its
con€ractor or subco�itractor engages in, ar uses labar ;�eciuiters, brokers or other agents who engagc in any of thc
prohibited activities under Seciiott IOt(g) of the Traf�cking Victims Protection �1ct of 200D, Depar[ment may
terminate this Contract and Suhrecipient i�ereby agrees and acknowEedges that upon termination, Subrecipient 's
rights to a�ry funds sha31 be terminated.
S�C'['IDN 22. PREV�;I�I7'IO1tT OT I'RATJD AIVD ABUSE
A. Subrccipient shall establish, n�aintain, and utilize iniemal conh�o] systems and procedures suf�icienl to p�•event,
detecY, and correct incidents of waste, fi•aud, and abuse in the WAP and to pE•ovide for the p�•oper and effective
management of all progra�n and fiscal activities fu��ded by thas Con€ract. Subrecipient's internal con[rol systems and
al] t�•ausactions and other significant events must be clearly documented and the docun�eniation made �•eadily
avai lable for review by Departa�ent.
B, Subrecipient sha[1 give Depart�nent complete accass to all of its reco��ds, employces, and agents for the purpose af
monitoric�g or 9nvestigating the WAP. 5u6recipient shall fully coaperate with Depart�nent's efforts to detec€,
investigate, and prevent waste, fi•aud, and abuse, Subrecipient shall immediately notify the Department of any
iden€ified i�sta;�ces of waste, fraud, or abusa.
C, Subrecipient may not discriminate against any em�loyce or otE�er pe�•soii who reporis a violation af the tern�s oi this
Caniract or of auy law or regulation to ➢epa��hne��t or to any apgrop�•iate law enforcen�ent autt�ority, if the repart is
made i�� good faith,
SECTION 23. CEI2TiP'ICA'1'ION R�GARDIPIG TJt�TAOCUM�NT�D Wf3RICE12S
Pttrsuant to Chagter 2264 of the Texas C�overnme3�t Code, by execution of tl�is Conh•act, 5uhrecipient hereby certi�es
that 5ubrecipientlLacal Operator, or a branch, d'€vision, oE� depac�tme«f of Subrecipient does not and will not [cnowi��gly
employ an undocumented warkcr, where "undocuenented worker" me�ns an individual wha, at the ti�ne of employment,
is not lawfully admitted for pe��manent residence ta €he United 3tates or autE3o��ized under law to be empioyed in that
n�anner in the United Statas. If, after receiving a public s�bsidy, Subrecipien#, or a branch, division, o�• dcparm�ent of
Subrecipie€�t is convicted of a violation uF�c3er 8 U.S.C. §7324a(fl, Subrecipient shall repay the public subsidy wifh
interest, at fl ra#e of fve percent (5%} per annum, not [ater tltatt fhe I20th day af�er thc date the Depa��tmeat notifies
Subrecipiant of tf�e violatioE�.
SEC'iIO1V 24. COIVFLIC'I' OF INTERESTIN�1'Oi'TSM
A. Subreci�icnt shall maint�i�i written st�ndards of co�iduct governing the pe��formance of its employees engaged in
the award and administ►•a€ion of cont3•acts.
B. No eenployee, afficer, or agent af Subrecipient sha[1 participace in the selec[ian, award, or administratian of a
conlract sugported by federal funds if a real or apparent conflict of intarast would be involved. Such a conflict
would as•ise when the employee, affcer, or agent, any meniber of f3is or her in�mediate family, his or I�er partner, or
an organization which employs ot' is about ta emplay any of the parties indicated herein, has a financial or other
interest in the �rm selected for an award.
G. '1'E3e officers, employecs, a��ci agents of the Subrecipieat shall nei€her solicit nor accept �ratuities, favors, or
at�ything of ittonetary valae irom contractors, or parties to subagreements. 5�brecipient may set standards for
situations in which the financial i�iterest 9s not substantial ar tE�e giR is an unsolicited item of noniinal value. The
sta�aciards of conduct sha41 provide foe disciPliaary actio��s ta he appGed for violations of such sta«dards by officers,
e�nployees, or age�rts of the Subrecipient.
Page 1 l of 3l
D. Sttb3�ecipient shall, in addition to the requireme��ts of tk�is Seccion 24, fol[ow the 3�equircments of CE�apter 17I af the
I.ocal Gnvernment Code regardic�g conflicts of interest of officers of mu��icipalities, counties, and certain ot(iec�
local gavere�ments.
E. Failure to maintain wriften standards of conduct and to follow and enforce the w��itten standards is a condition of
default under this Cont��act and anay a•esult in te�-mination of this ContracE or deab[igation of fiinds.
SECT101Y 2S. P�i,I'FICAL ACTIVITY AND L�GISLATIVE i1VRLLTGNC� PROHIBIT�1]
A, i�Ione of the ftmds provided undee this Contraci shall be used for influencing the autcoine of a��y election, or the
passage or defeat of any lcgisiative measi�re. "Ihis prohibition sha[1 �oc be construed to prevent any state official ar
employee from fue�isE�i3�g io any member of its governi��g body u��on requesT, or to any other loca[ or state official
or employee o�• ta any citizen informatio� in the fsands of the en�ployee or official not considered uncte€• l�w to ba
confidential iitlbrmation.
B. No funds provided under tk�is Co��tract may be used directly or indirectly to hiz•e employees ar in any other way
fu�id or suppoi�t caudidates %r tl�e legislative, executive, or judicial 6�•a�iches of govermuent of Subrecip'sent, #he
State of Texas, or fhe govenune��t o€the United States.
C. None of the funds provided under ihis Contract sha{1 be used to pay aay person or organization foF• influencing or
attetnp#i�tg to in#Iuance an officcr or emploqee of any agency, a naentber of Cangress, officer or e3np[oyee of
Congress, or an e�ngloyee of a member of CoE�gt•ess in connection with obtaining any Federai conri�aci, grant or any
other award gaverned by the Byrd Anti-I.,obbying Amee�dcnent (31 U.S.C. �1352) as the I7eve(op�nent Owner and
each af its tiers havc certifecf by their executinn of the "Ce��tifcatio�s Regard'€��g I,obbying for Cantracts, Grants,
Loans, and Cooperative Agreements" atEached hec�ato as Addendum A and incorporaced herein for all relevaut
purpases.
S�CTION 2G. NO�T-DISCI2�MINATIOIV, �QUAL ACCESS AND EQUAL OPPORTUNI'FY
A, NON-DISCRIMI�TATIbN. A person shall nnt he excluded fi•om pai�ticipatioc� in, be denied the benefiis of, be
subjected to discrimination i�ndef•, or be clenied employment in the adn�inis#ration of ar i�i co��nection with any
program or activity funded ia whole ar in pa=�t witE� funds made available u�der ti�is Contract, on the grounds of
race, coloG•, religio�, sex, nationa! origin, age, disability, politiea[ afiiiiation oE• belie£
B. �,E?UA�, QPi'ORTiTNITY. Subrecipaent agrees to earry out an Equal �mployment Opport€�nity P�•ogram in keeping
with #hc principles as provided in PresidenYs Execu#ive Drder 112�16 of Septembea• 24, 19GS, as amended, and its
implementing regulations at 43 CFR Pa��t 6D.
C. RE,ASOiVABLE ACCOIviODA`l"IONS. Subrecipients shall operate eac[� prograin o3• acfivity receiving financi�l
assistance so that tlie prog�•am or acti�ity, when vicwed in its eE�tirety, is readily accessib[e and usable by
individua[s with disabilitics. Subrecipients are alsa required ta �rovide reasonab[e accommoda#ions for persons
with disabilifies.
D. ACCESST�3ILITX. Subrecipient must meet t€3e standards under (i) Section 504 of tl�e Rel�ahi[itation Act of 1973
{5 U.S.C. §794) Tities II and III of the Americans with Disabilities Act (�2U.S.C. §§I2131-12189; 47 U.S.C. §
§155, 2d1, 2I8 and 255) as ic��pleinented by U. S. Bepartment of 7ustice at 2$ CFR Paa•ts 35 aad 36.
ii. SUBCONTRACTS. Sabrecipient wi[1 include the suhstance of this Sectioa 26 in a31 subcontracts.
S�C"1'ION 27. 'I'I2AINII�G AN17'I'�CHiVICAI� ASSISTANCE TCiIYAS
A, Training and technical assistance funds shall be used for State spo��sored LII�AP t��aining, federal sponsored
LIHEAP training, and ocher relevant workshops and confe�-ences grovided #he agenda includes tapics directly
related to ndministering WAP. �or fraining and tecku�ical assistance ather trt�an Siate or LIHEAP sponsored,
5ubrecipient must receive prior w��itten apprc�val from the Depa��Yment.
B. 'rravel funds are to be used only for Depa��€�nent-approved traini��g events. Subrecipient shall adhere to cithcr its
board-appraved travel policy (not to exceed the ainnunts established in subchaptee• I of Chapter 57 of Tit[e 5,
Unitec4 States Code "�'a�ave[ and Subsistence Expenses; Mileage Al[owances), or in the aE�sence o£ sueh a policy,
the 5tate of Texas travel po[icies under 10 TAC §1.40$. Subrecipient's written ri•avel policy shall dclineatc thc
rates whic[� Subrecipient shal3 use in computing the travel and per diem expenses of its board memhers and
etttployecs,
Page 12 of 31
SGCTIOIY 28. D�BARR�D AiVD SCISP�IVD�D 1'ARTI�S
By signing ti�is Contract, 5ubrecipient certifies Yhat none of its principal emgloyees, board membcrs, agents, or
contractors are presently dei�arred, suspended, proposed for deharment, declared ineligihle, or voluE3tarily excli�c€ed by
any federal deparfinent or agency as provided in the Certification Regarding �ebarn�ent, Suspee�sioe� and Oiher
Responsihiiily Ivlatters aitachcd hereto as Addenclum D and incorporated hercia for a[1 reEevant purposes. The tcrms
"coveE•ed tC&T1S3Ct103]", "debarred", "suspe�ded", "EE3G�1gi�iC"� ���DWOT �lBl' COVCte(� tra��saction", "EJaI'LLC1j3aRi"� °fperson",
"primary covered transaction", "grincipal", "proposal", and "voluntarily excluded", as used in tl�e certificatian attached
as Ac[dendu�n D, have the meaning set out in thc Def��itio3�s and Coverage sectio��s af' rules implementiag Executive
Order 12549. Subrecipient also certifies that it will not knawingly award any funds providec3 by this Contract to a�iy
peE�son who is propased for ctebarme�t ue�der 48 CFR 1'art 9, Sub�art 9.4 or that is debarred, suspended, or ottterwise
excludect from or ine[igible for patticipatinn in federal assistance p��ograms under �.xecutive Ordea• 12549. Subrecipient
a�sees that prior Eo entering i€�to any agree�nent with a potential sabcontractor that the verificatio€� process to comply
with tt�is requi�•ement wi11 be accomplished by checking the System for Award Manage�nent ("BAtvi") at tivw�v.sant,gov
and including a copy of the res�lts in its project �les. Subrecipient may decide the fi•equency 6y which it detarmines the
eligibility of its subcontractors exce�t that Subrecipient must vee�ify ai the start of a new contract ar with tE�e award of
additiona[ fiinding. Subrecipie3�t inay �-ely upon a ceetifcation of a prospective subconh•actc�r that is not prapased For
debarment undez• 48 CFR Part 9, Suhpart 9.4, de6arred, suspended, ineligible, or voluntarily excluded from the covered
transac€ion, u�iless 5ubrecipienf knows that the certifcaiian is e�•c•oneous. Fai[ure of 5ubrecipient to furnish the
certi�catio�� attached hereto as Addes�duni D or an explanation of wliy it cannot p�-ovide said certificatic�n sha[1
disqualify Subrecapient €ram ��a��#icipation iEnder this Conh•act. The cee�tification or explanation wilt be considered in
connection wifh tlie Department's cietermination whether to continue witi� this Contract, Sub�•ecipieni shall pror�ide
immediate w�•itten noticc to I7eparhnent if at any time Subrecipient lcarns that the certification was erroneous when
submitted or lias hecome erroneous hy reason of chai�ged circumstances. 5ubreci��ient fuF�ther agrees by executing tE�is
Contract that if will i�3clude the certi�catio�i provision titled "Certifcation Ragarding Debarment, SuspeE�sion,
Ineligibility a3�d Volunta3•y Exclusive-Suhcoatracts," as set out in Adde��ducn D, without modification, and this tanguage
undeE• this Sectinn 28, in a31 its su�contracts.
SECCTQIV 29. NO WAIV�12
Any right ar remedy given to I]epartment by fhis Contract shall e3ot preclude the existence of any other right or remedy,
no�• shsll any action taken in the exercise of any right or remecly be decmed a waiver of any other rigE�t or remedy. The
failu��e of ]7eparhne�it ta exercise any right or remedy on any occasion sE�alt not constitate a waiver of Departrrient's
right to exercise tk�at or any atheE� right or remedy at a later timc.
SECTl01�' 30. ORAL AN➢ WRX"CT�N AGRE�iVIENTS
A. All oral and written ag�•eements betwec�i the Parties relating to the subject matier af this Conixact have been
reduced to writing and are contained in this Contract.
B. The attachments enumea•ated and denominated below arc a gart o€ this Contract and consti[ute promised
pei•forn�ances uade►• il�is Coniraet:
(1) Addendun3 A- Certi�cation Regarding Lobhying fm• Contracts, Grants, Loans, and Cooperacive Agree3nents
(2} Addendu�n B- Certification Regarding De�ug-Free Workplace ltequiremants
(3) Addendum C- Ceitification 12egard'ang Environenental Tobacco S�noke
(4) Adde��dum D- Certification Ttegarding Debarmee�t, Suspensian and Othef• Responsibility Matters
(5) Ac€denduni E- f'RWORA Reguireme��ts
(G) �,xhibit A- Budget and Performance Staten�ent
(7) �ahibit B- L11�EAP Priority List
S�CTI OPI 3I. 5EV �RABIi.iTX
If any portion of tliis Contract is E�eld to be invalid by an adrninis#rative tribuna[ 03• a cou��t of competent jurisdietion, the
remaiader of it shall remain va4id and binding.
S�CTTOIV 32. HISTORICAT, PR�S�RVATION
Prior to the expendih�re of I'ederal funds to alter any structura or site, the Subrecipient is reqaired to comply with the
requirements of Seoiion I06 of the National Historic P3•eservatio�� Act (16 U.S.C. §4'lU) (NHPt1}. The Depar€ment has
��•ovided guidance through the hest practice document posted on the Aepartment's website at
htt�/1ww4�r tdhca state �.uslcommunitv-affairs/wap/dacs/WAP-BP-�Iistoricl'resFlowcE�art.pdP.
Page l3 of 3 l
Sk C'I'TpN 33. FJSE OF ALCONOLIC S�VEI2AG�S
Funds provided undcr tf3is Contract may not be r�sed for the paymcnt of sa[aries to any Subrecipient's emp[oyees wha
use alcoholic beverages wl�ile on active duty, far travel expenses expended far alcohotic beve3•ages, oa• for the purcl�ase
of alcoholic beve3•ages.
S�CT'ION 34, TAI7'� BAS�B AND S�CTARiAI� ACTIVITY
Funds pc�ovided under this Contract may not be used fo�� sectarian or explicitly religious activities sucE� as worship,
religious instructio�� or p��oselytization, and must be fo�� the bene�t of perso«s regardless of re[igious affiGation. If
Subrecipie�t canducts such acfivities, the activities must be of%red separately, i�� time or location, fi�om tha pragrams or
services funded wifh direct fnancial assistance fi•om Depart�nent, and participation must be voluntary fbr bene�ciaries
af the prag�•ams or services funded with sucli assistance. SuE�reci�ient shall compiy with tkte a•egulations proniuigatcd by
tf�e CJ. S. Departa�e�3t of Flea[th and Human 5ervices ("HH5") at 45 C�R $87.2.
S�CTION 35. APP�ALS P120C�SS
In compliance with tl�e WAP Act, Subrecip€ent niust provide an opportunity far a fair adcninistrative hearing to
individuals whase application for assista�ica is denied, termiaated or not acted upon in a timeiy a�anner, accoa•ding to [D
TAC §fi.$.
SECT�ON 3G. SP�CiAL CONDT'1'XONS
Subrecipient sha[l accept applications fo3• WAP benefts at sites that are geoge�aphically accessibla to a[1 I-�c�useholds in
the Service Area, Sub3•ecipient shal] provide �[derly Pea•sons a3�d Persons with Bisa6ilities wlio cacu�ot independently
travel fo the application site the n�eans to submit applications for WAP benefits without leaving their residcnce or by
securing transportation for them to tlae sites that accep[ s�ch applications.
SECTiON 37. P'[3RC� MANR�
An equitable adjustn�ent will be made for delay or failure to �erform hereunder if:
A. E1ny ofthe following events occurs;
(1} Catastro�E�ic weather condifions ar other extraordinary e[ements of nature or acts of God;
(2) Acts of war (declared or undec{ared);
(3) Acts of terrorisn�, ins���rection, riots, civil disorders, rebellion or sabotage; or
(4) Qunrantines, emba��goes and other si�nilar unusual actions of federal, provincial, 1oca103• foreign Governmenta[
Authorities; aF�d
B. Tha non-parfor�ning party is withaut fautt ic� causing or fai€ing to prevent the occun•ence of such cvent, and such
occurrence cauld not have been circumvented by reasonable precautions and could not have heen p�•evented o�•
circumveiited thro€�gh the use of coinmercially reasonable a[ternative sonrces, workaround plans or other means.
S�CTIOiV 38. AL7'1.IiNATIVE llISPUT� RESOI,YT'I'IOiV
In acco3�dance with Sectio�i 230G.082 of the State Act, it is the Deparrinent's palicy to encou��age the use of appropriate
alternative dispute resolution procedures ("ADR") under the C�overnmental I7ispute Resolutian Ac# and the Negotiatcd
Ru[emaking Act (Cliapters 2�09 and 2006 e•espectiveiy, Texas Govea•nment Code), to assisc in tl�e fair and ex�ediiious
resolution of interna] and extere3al disputes involving the Aepa3-tment and tE�e use of negotiated rulemaking procedures
for tlie adoption af Department rules. As descrihed in Cl�apter 154, Ci�il Practices and Remedies Code, ADR
procedures include mediation. Except as prohihited by Depa�tinent's ex �a��te corrm�unications po[icy, Depa��tnlent
encaurages infarmal communications between Deparhnent staff and tE�e Subrecipient, ta excl�ange iuforinacion and
informaily resolve disputes. I7epartraent a[sa has administrative a�paals p;•ocesses tn fair[y and expeditiously resolve
disputes. If at any time the Subrecipient would like to engage Department in an ADR procedure, the Subrecipiec�t a�ay
send a proposal to Degai�neut's Dispute itesolution Coordinator. Por additiona] information o�i Depaz•tment's ADR
policy, see Depac�tment's Alternative I7ispute Resa[ution and Negotiated Rulema3cing xt 1D TAC §1.17.
S�CTI�1�T 39. 'TIMI; IS OI' THF' �SSENCE
Time is of tl�e esses�ce wiih res�ect to Subrecipient's compliance wiih a[1 covenants, a�reements, terms and couditions a€
this Cant�•act.
�'age 14 af 31
S�C'TION d0. COUNTERPAR.`I'S AND FACSIMILIE SiGNATUIi�S
This Contract may be executed i� o�e or �nore counte�parts eactz of whicEi slaal[ ba deemed an origin�l but all of which
together st�al[ constitute one and the samc i�isirument. Signed sig�ature pa�es may be transmitted by facsimile or othee•
elech�onio €ransmission, ac�c3 any such segnature shall have the sa�ne le�al effeet as an original.
SFC'TiON 41. NUMB�12, G�ND�R
Unless the context requires otherwise, the words of tk�e enasculine gender shall inclttde thc feminine, and sing;�lar ��ords
shall include #he plurat.
SECTION 42. ASSIGiVMFNT
This Ca�itract is made by T?epartme��t to Subreaipient only. Accordingly, et is f�ot assignable without the written conseni
and agreement of Depac•tn�ant, wliich consent may be witE�i�eld in i�epa�•tmeRt's sale discretion.
S�CTION �t3. NOTIC�
A. If a noticc is provided concernit�g tltis Canh•act, nofice may be given �t tE�e following (herei�� refe�-�-ed fo as "Notice
Add��ess"):
As to Department:
T�XAS DEPAItTMEt�IT pF HOUSING AND COMMUNITY AFFAIItS
P. 0. Box 13941
Austin, Texas 787I1-3941
Attention: Mict�ael De Young, Director of Communiiy Affairs
Te9ephone: (512) 475-2125
Fax: (512) 475-3935 ,
�nicl�ae[.cEeyoung a tdhca.sta#a.tx.us
As to Sub�•ecipien#:
City ofPo�t Worth
200 Texas Street Annex, 3rd Flaor
Fort Worth, TX 7610263 � 2
Attention: Fernando Costa, Assistant Cicy Manager
Telephone: (817) 392-6122 Pax: (�17) 392-6134 T;mail: fe�•nando.costa r�foi�twarthtexas.gov
B. All notices or atlier com3nunications he��eunder shaEl be deemed given wlien cielivered, mailed by overnight service,
or five days after maili�g hy certi�ed or registered mail, pos#age prcpaid, reLurn ��eceipt requested, addressed to tf�e
appropriate Notice Address as defined in the above Su(�sectian A of this Section 43.
C. Subrecipient shall providc contact information to the Department i;� accordance witk� 1D'1'AC §i.22 a€�d 10 TAC
§G.6.
SECTION 44. 'V�NU� AIVD JiIRI3DIC'FION
Tt�is Conlract shal[ he construed �nder ar€d in accordance with tE�e laws of the State af 'i'exas. For purposes of litigatian
pursuant #o this Contract, venue shall lie in Travis County, Texas.
5E[:TIDN �5, COPYRIGHT
5ubrecipieaat rreay copyright materials deve[o�ed in the perforcnance of this Co�itract o�• witk funds expended under fhis
Coe�traci. If capyi'ighted materials are developed in the u��der this Conte�act, the T7epartmeiit and HHS shall each have a
E•oyalty-fe•ce, noe�exc[E�sive, and i3•revocable �•i�ht to E�eprode�ce, publish, or otl�erwise use, and to �uthorize others to use,
ihe coPyrightect work for goverclment purpases.
Page l 5 of 31
SI�aC'iIO1V Q6. LIMI"['A'I'TOIV O]Y AI30I2TION TEJNDING
A. Pu�•sua��Y to Chapte�• 2272 of ti�e Texas Governmenc Code, Yo the extent allawed by fede�•al and state law, tk�e
Department may not enter into this Contract with ai� "abartioc� provider" or an "a�liaYe" af an abortion provider, as
said terms are defined thereunder, if funds €�nder this Cantract are appropriated fro«� state oe• local tax 3•evenuc.
B. By execution of this Cantract, the SabE�eoipient herc6y ce�tifes tha#, as a co��ditio�� of receipt af any funds under
this Contract feom siate or loca[ tax revenue, it is e[igib[e to receive said funds, and tt�at it will not utilize said funds
i�� any way cont��ary to this Section 46 duric3g the Contr�act '1'ern�.
EXECUTrD ta be effective o�i .Ianuary 1)1, 2020
SC1�3R�CIPIEN`C:
City oi�'ort Wurth
a pnlitical suhdivision o#'the State of 7'cxas
By: �'ere�ando Costa
Tit[e: Assisfant City iVlanager
Date: Dece��►ber 30, 2013 4:39 pm
D�PAI2TMENT:
T�XAS ➢�'PARTMEN'P OI' I3017SXiVG AND CflMMIJNITY AFI'AIIiS,
a pu6lic and of#icial agcncy of the State of Texas
IIy: I2obcrt WiElcins�n
Title: Its di�ly authorized office3• or represe«tative
Date: January 6, 2020 ID:02 am
Page 16 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81200003182
APPROVED AS TO FORM AND LEGALITY:
�l�
Matt Murz•ay
Assistant City Attorr�ey
ATTEST: - �: -:�--� y:t .r ; � -:.;;: �: �
'�= - �
; ,j;���f� ;;. � .
- ' �r� �� 4,�'�1j' ..0 ��`'a
�� � j � .�� � � � � � � � .,�_ ''`c i
r'i jJ (f� i ', Gi� j r�,^`{ °`�,�rg_ �� r r �.
1Vlary J. Kayser �� ,�.�� 7�� �����+� ���� 1
City Secreta�•y� - � ,r`
.`_. ;�
y . _
M&C: 19-0346
Dafed; Decernber 3, 2019
CITY OF FORT WORTH
By: I'e�•nando Costa (signed electronically-see attached contract)�
Titje: Assistant City Manager
Date: December 30, 2019
T�XAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robei�t Wilkinson {signed electa•onically-see attached contract}
Ti�le: Its duIy authorized officer or representative
Date: 7anua�y 6, 2020
Con�ract Co�npliance Manager:
By signing below, I acicnowledge tl�at I am th� person responsible for the manitoring and
administraiion of this cantract, including ensuz•ing all pertormance and reporting requirements.
�
�'
��s •���
�
��
Amy onnally, �ssistant Dire
Neighborhood S�pi�vic�s �,�'
TEXAS ll�PARTII��NT Ok HOUSFNG A1VB COMNIUNI7'Y A1�T�A112S
COI�"1'TZAC"I' NUMBER, 81200003182
I'Y 2020 LOW-INCONIE H011� J?I�BRGY ASSISTANCIi ACT WEATf-IERIZATTOI� ASSTS'1'ANCE PROGRAM
(CPIIA# 93.5(8}
AI3DEI�BUM A
C�RTIFICATI�N R�GARDING LOBBYII\'G TOI2
COIVTRAC"CS, GRANTS, LOAIVS, AiVD COOPERATIV� AGREEMEN 1'S
The unde�•sig�ied certifies, to the besE of its knowledge and belief that:
A!o I'ederat appropriated funds lia�e been paid or will be paid, by o�• on bef�llf af thc undcrsig3�ed, ta aay
person for influencing or attemp[ing to inf[uence an o€iicer o3• en�ployce of an agee3cy, a Member af Congress,
an of�cer ar employee of Coagress, or an employee of a Member of Cong��ess in connectian with the awa��ding
o€ any Federal conh•act, the �naking of any Federal grant, the making of any Federal loac�, the entering i�ito of
ac�y cooperative agreen�en€, and tk�e extension, continuation, renewa[, amendmefat, or 3nodif€cation of any
Federal contract, grant, loan, or coaperative agree�nent.
2. If any fiinds other t€�an �'ederal appropriateci funds have been paid or wil[ be paid to any pea�soi� Fo�� in�uencing
or a#tempting to influence an officer o�• aenployee of auy agency, a Mcn�ber of Co«gress, ac� of�lcer or
eniplayee of Cangress, or an em�,loyee of a Member of Congress in connection with this Federal conh•act,
grant, loan, or coaperati�e agreement, the unclersigE�ed sha[] comp[ete and si€bmit Standard Form -LLL,
"�isciosure Porm to Repart Iaobbying," in accordance wiYh its instn�ctions.
3. The undersigned shal[ require that the language o€ this certification be included in the award documents for all
subawards at all tiers (including subeontracts, subgrants, and conte•acts uncler grants, ]oans, and cooperative
agreements) and that a[1 subrecipients sktal[ certify attd cEisclose accordingly. This certificatioa is material
eepresentation of fact on which ��eliance was placed when tl�is transactio�3 was �nade or entered into.
5uba3ission of this ce3�tification €s a prerequisile for making or ec�teriE�g into this transaction imposed by
Section 1352, T'itle 31, of tiie U.S. Code. Any pe��san who fai[s fo fi(e ttce required certificatio�� shall be
si�bject to a civi[ pena[ty of not lass than $10,000 and not more tl�an $100,000 fc�r each such failure,
5TA1'EM�NT I'{?R LOAIV GL7Al2ANT��S AND LOAN IN5i1RAlYCE
The unde�•signed states, to the best of its knowledge and belief, that:
If any fi�nds have been paid or wilE be paicl to any person for i�fluenci€�g or attempting to inflaence an officer or
employee of any agcncy, a Memher of Congress, �cn of�cer o�• employee of Congress, or au employee af a Member of
Congress in connection with tE�is commitment providing for the United States to insu�-e or guarantee a loan, thc
undersigned sl�all coinplete and snbmEt Standard Form-LLL, "Disclosure Form to Repo�•t Lobbying," in accordance with
its instrucfions. Submissipn of this staten�ent is a prerequisite for making or enterin� into tl�is t�•ansaction imposed by
Section 1352, title 3t, U.S. Code. Any persoE� who fails to fcle the required stetea3ent shal[ be subject to a civil penalty
of not Eess than $10,000 and not more than $100,00� for each such failure.
SCl.B12�CIPI�IVT:
City of �'o�'f Worth
a�olifical subdivision oithe State of'J"ex�s
By; Ternando Costa
Title: Assistant City iV[anager
Date: ➢ecembe�• 3D, 2019 �1:39 �m
Page l7 of 3 l
7'EXAS DEPAR.'T�1:lYT 0�' FIOUSING AI�ID COMMIJNI"I'Y AFFAIRS
CONTRACT NUMBER. 81200�03182
I'Y 2(724 LOW-1NCOME HOME 1?NERCiY ASSIS`rANC�' A,CT WEAT[ [ERIZATION ASSISTANCB PROGit.lA_M
(CPDA# 93.Sb$)
r�D�GNDUM 33
Certifcation I2egaa•ding Drug-I'i•ee Wort{place Requirements
This ce�7ificaiion is requirecl by t{ae re�rJatiotas implementing tlae I3rxg-I'ree Jd�orkplace �icf of 1988.• 45 CFR Pari 76,
Stebpai•t, T' �5eclrans 76.630(c) a�Tct (d)(2) and 76.645 (a)(1) and (b) pt�ovicle that a Fede1•ai ngetacy tnay desigy�ate a
cet7tra! receipt poil7t for ST.4TE-WIDE �1ND STtfTE ,4GENC�' C��IDE' certifrcatrons, arrd far 17atifrcation of c�•iminal
di•arg coy�victions. F'a' tl�e Depnf•tmenf of Healtls and Htttnm7 Sei'vices, !he centf•a! point is: Divisioia of Gra�ats
�Ia�aagei��ent a1tc1 Dversig]tt, O�ce of Mntaageme�7t a�td �cc�trrsrtiofa, Depar�b�ael�t nf Healtlz a�7d Human Sej�vices, I2ootrs
517-D, 2001»dependenee ,4vel�zte, S�T� Wasl�ingtor7, DC 20201.
The iEndersigned certifies that it wiil or will cocztinue to p�•ovide a drug-free wo��Ecplace by:
{a} 1'ublishing a statement natifying employees that the ���lawful inanuf�cture, dish•iht3tian, dispensing, possession,
or use of a co��t:�ollcd substance is p€•ohibited in the grantee's workplace and specifying the acfious that wil[ be
taken agains# ecnployees far vio[atin�i of sucE� prohibition;
(b} �.stab[ishiag an ongoing drug-fi-ee awareness program to infoe-�n employees about-
( I) Thc dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workp3ace;
(3) Any availahle drug counsc[in�, rehabilitation, and err�ployee assiscance pragran�s; and
(4) `l'he penalties that n�ay be imposed upnn en�ployees for drug abuse violatioc�s occurriug ic� the woc•k��lace;
(c) Tvtatci�ig it a�•eguireinent that ench employee to be engaged in the performac�ce of the grant be give�� a copy of
the statement reqaired hy paragrap[� (a);
(d) Natifyiug the emp[oyee in the statc�nent ��equired by p�3•agraph (a) tk�at, as a conditinf� of employment undec� the
gE�ant, fhe en�ployee will-
(1} Abide by the tei�rns ofthe state�nent; and
(2} Notify the enaplayer i� writing of his or her conviction for a vio[ation of a crirrEinai drug statute occurring in
the warkplace ao lateE� than �ve catendar days after such conviction;
(e) IVotifying the agency in writing, within 10 calendar c[ays atier receiving natice under paragrap3i (d)(2) fro�n �ui
einploycc or otherwise receiving acival notice of such conviction. Emp[oyers of convicted employees must provide
not'sce, includ��� posiiion title, ta eve�•y grant officer or other designee on whose grant activity the convicted
err;ployec was working, �nless lhe Federal agency has designated a ccntral paint for the receipt of such c3otices.
Aiotice shal[ inc[ude the identification number(s) of cach affectecl grant;
{t} Taking one af the following actions, within 30 calendar days a£ receiving 3iotice under paragraph (d)(2), witE�
respect to any einp(oyee wi�o is so co�7victed-
(1) Taking approp�•iate personnet action against such an employee, up to and inc[uding terminafson, consistent
with #l�e requirements oftl�e Ftek�abilitation Act af 1973, as amended; or
(2) Requiri��g such employee to pa��ticiPate satisfaetorily in a drug abtsse assista�ice or rehabilitation program
approved for such purposes by a Federal, State, ar [ocal health, law cnforcament, or other appropriate agency;
(g) Making a good faith cffort to continue to �naiatain a drug-fi�ee workptace through imp(ementation of paragraphs
(a), (b), {�), Ed), {e) and (�.
Ptace(s) of Performance [site(s) for the performanca of wark done in cannection wiYll the spacific grant] (iE3clude st3�eet
address, city, caunty, state, zip code):
City of Port Wo��th
20a Texas Street Annex, 3rd F1ooE•
Port Wnrth, TX 76I026312
Page l8 of 3 i
Workplace identi�catiofas must inc[�de the achaal address o� buildings (or pa��ts of buildic�gs) ar other sites where
work under the grant talces p[ace, Categorical descriptinns may be used (e.g., all vchicles of a mass transit authority
or State higiaway department wl�ile in ope�•atio3�, S€ate employees in each local une�nploymen€ office, perfarmers in
concert halls or 3�adio stud'€os). if Subrecipiee�t does ��ot identiiy tt�e wor[cplaces at ti�e time of a��lication, o:• upoe�
award, if there is no application, tlie Subrecipient must [ceep tE�e ide��tity of the workplace(s} on file ic� its office and
ma[ce the information availabie for Fede��al ins�ectian. Failure to identify all [cnown workplaces constitutes a
vio4ation ofthe 5ubrecipiant's di•ug-free wo3•kplace requi��ements.
Tk�is eertification is a m�ferial rePresentation of fac# upon wl�icli reliance is placed when tE�e Department awards the
grant If it is later determined tl�at Suhrecipient knowingly rer�dered a fa[se certificatio;�, o�• otherwise violates the
rec�uireme��ts of tl�e Drug-Pree Warkplace Act, Depa€�tment, in addiYion to any other remedies available to tlae Federal
Governnient, may t�ke action autt�orized under the Drug-F;�ee Workplace Act.
SYJ13T2GCIPIEN'1':
City of Fort Wo�•fh
a pulitical suUdivision of the StRte of "I"cxas
By: l+crnando Costa
Title: Assistan# City Manager
bate: llccemUer 30, 2019 �3:39 pm
Ppge 19 of 31
7'�XAS DEPARTMEN`I' Q�+ �TOLJS�IVG AIVD COMMUNITY AI'P'AII25
COlVTRAC'I' NUMBrR. 812DQD03182
FY 2020 LOW-INCOIv1E HOME E��RGY ASS[STANCE ACT W�ATHEIti"LAT'ION ASSTSTANC�,1'ILOGRANf
(CFDA# R3.568}
ADD�I�I)UM C
CEI2IIFICATiO1V REGARDING �NV�RO1�'ME1V'TAL T(1BACC0 SMOK�
The undea•signed certifies to the fo[lowing:
Puhlic Law 103227, Part C Environmenta] Tobacco Smoke, alsa known ss the Pro Children Act of I994, reguires
tl�at smoki�lg not be parmiftec[ in any po;•tion of any indoor �•outiF�ely owne�t o�� leased or contracted for by aei entity
and used routinely or regt�larly for p�-ovision of health, day care, edE3cation, ar li6raiy se��vices to cl�ildren under the
age of I8, iF the services a��e funded by Federal programs either direct[y or tku�ough State or local governments, by
Pede�•al gr�nt, eo��tract, loan, or loan guarantee. The law does not apply to cl�ildren's services provided in private
residences, facilities fu��ded solely by Medicare ar Medicaid fuads, a�td portions of faci3ities used for inpatient drug
or alcohol t�-eatEnent. Fliluee to comp[y with [i�e provisians af ihe law may result in ihc imposition of a civil
mo��etaiy penalty af up to $IOQO per day and/or $�e impasitian of an adminish�ative comp(iance order on thc
e•esponsible entity by signing and submifting this Contr�ct the Subrecipieat ce�-#ifies that it will com�ly with the
;•eguirements of tE�e Act.
The appiicant/gra�tee fm•the�� agrees that it will requ's�•e tl�e language of t1�is certi�catio�i be included in any
subawa�•ds whiel� contain provisions for the children's sezvices and #hat all subg�•antees shall certify accordingly,
SURit�CIPI�NT:
City of Tort Warth
a political su6division of the 5tafe of Texas
By: Fcrnando Costa
T'itic: Assistani City Managc��
Date: 17ecembe�• 30, 2019 4:39 pm
Fage 20 of 31
T�J�AS D�YAIi'I'I�C�NT OF I30I3SI1VG AN➢ COIVIMUNI'FY AFFAII2S
COI�TRACT NLJMI3ER. 812000fl3182
FY 2020 I.OW-[NCOIvIE HOMf: �NERGY ASS2S"T'ANCE ACT WIiATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568}
a���c�vnu�r n
CI�R'I'IFICATION REGARI�XNG 17�BARM�i�'T, SiJSP�NSION A1VD OTH�R
It�SPONSIRILITY MATT�RS
Tf�e undersig«ed certiE"ies, to ihc best of its k3�owEedge and belief, that it ancl its principafs:
(a) Are �3ot presentEy deharred, suspended, proposed for deharment, declared ineligib[e, or volunYaa�ily exciuded by
a«y Federal deparhnec�t o�• agency;
{b) Ht�ve not within a three-year per'sod p�'ecec[ing tlais proposa( becn convicted of or had a civil judgment rendered
agai«st the3n for con�missioE3 of t'raud or a crimi«al o�ense in car�necYion with obcaining, aitempting to ohtain, or
pe��forming a puh(ic (Federal, State o3• local) Yransacfion ar conh•aci under a pub[ic transaction; via[ation of Federal
ar State ant€trust scatates o3• commission of embezzlen�enf, iheR, fo�•gery, brihery, falsifcation or destruction of
recards, ma�Cing false statements, or receiving stolen property;
(c) At•e not presently indicted for ar otheawise criminally or civilly charged by a governmenta[ e�tity (Eederal, Statc
or local) with commission of any of the offenses enurne�-ateci ii� paragraph (i )(b) of #his certif'scation; and
(d) H�ve not within a threc-yea�• peeiod preceding this app[ication/progosal had one o�• more public tta�sactio��s
(Fcderal, 5tate or local} te��minated for caase o�• default.
(e) Wi[1 submit to the �epartment infos•mation about each peoceedin� that occurs dm•ing this Cont3act Ter�n or
du;�ing the 3•ecordkeeping period ihat:
(1) Ts in conncction with this award;
(2) Reached its final disposition during tk�e mast recent f€ve year period; and
(3) Is one of the following:
1• A cric��ival procceding thaE resulted in a conviction, as defined below;
ii. A civi[ proceeding that resulted in a f€�ding of fault and lia[�ility and payment of a monetary fine, penalty,
reimbursement, restitut�o��, or damages of $5,004 or more;
iii. An adn�inist�-ative proceeding, as defined below, that E•esulted in a finding of fault and liabil'sry and your
pay��ent of either a monetary fine or �ena[ty of $5,Q00 or �uore or reimbursemen#, restitutiou, or damage
iv. Any other criminal, civi[, or administrative proceeding if:
1, li cauld ktave led to an outcome desct'ibed in this section (e) para�rapf� (3) itea�s (i) -(iii) of this award
term and condition;
2. It had a di fferent disposition arrived at by co��sent or compromise with afi acknowledgn3ent of faalt on
your part; a��d
3. The reguirement in this awa��d terrr� and condition to d'€sclosc infarmation about the Proceeding does
c�o€ conflict witk� applicable laws and regulations.
{4) roz• purpases of section (e} of #his certi�cation €he %llowing defini#ions apply:
i. An "admin'sst��ative proceeding" mea��s a non-jud'acial �rocess that is adjudicatory in nature in oa•der to
m�ke a determination af fault oe liability (e.g., Securities and Exchange CommissEon Administrative
proceedings, CiviliaE� Boa�•d nf Contract Appeals proceedings, ar,d Armed 5arvices Board of C�ntracc
Appeals proceedi��gs}, TE�is includas proceadings at the Federal and State level buE only in connection wifh
pea�formance of a Federal contract or grant. �t does not include audits, site visits, co�•rective plans, o�•
inspection of deliverab[cs.
ii. A"conviction", for purposes of this award term and coadition, means a juclg�nent or conviction of a
cri�ninal of�ense by a�3y cou�•t of competent jurisdictio��, whether entered upon a verdict or a plea, and
includas a conviction eniered upon a plea of ��olo contendere.
Where the uF�dersigned Subreaipient is unable to ccrt'sfy to any of the statements in this certification, sucli Sub;�ecipient
shall attach an explanation of why i€ cannot provide said certification to this Contract.
Pagc 2 i of 3 i
`I'he ua�darsig€�ed Subrecipient furtE�er agrees a�d certifies ihat it will incl��de the beEow clause titlect "Certificatio��
Regarding Debae�nent, Suspension, Ineligibiliry and Voluntary I;xclusion-Subcontracts/Lowcr Tier Covered
Transaction," �vithout modi('ication, in a[1 subco��tracts a�id in a[1 solicitatiaus for sabconh•acts:
"CERTIFICATIONREGARDINCr D,�',BftRMENT, SUSAENSIDN, IN�LIGIBILITYAND VOLUNT,4RY
L'XCLUSIpN-SUBCONTRACTS/LOWER TIER COVERED TRANS.4CTI(7NS
(]) The p+�ospective lrnver tier participar�t/.strbcotzh•nctoi• certrfies, by sttbmission of tl�is p�•oposal, tlaat »eithet� i1
nor rts pf•ijacipals is presently debar�red, suspefzded, p,�opnsecl for debarmelat, declnt�ed ine]igible, a,• yo�tt,�r�,�rry
excluded fi•om participalion in t{�is tf•alTsactron b�� any F'edera] depar�finent ot� agelacy,
(2) W{zere tlze prospective Ioiver tier pariicipant/suGcojab•actor is unable to certify to afzy of the statemei7ls i�r this
ce�•tifrcatiol�, strch pt•ospective par�iieiperf7l shall attacl7 u�a e,rpla��crtion to tl�is proposal.
LOr�`Bli TIER P.4RTICIPANT/SUBCONTliACTOR:
(Sigl7aterf'e]
1'itle:
Date:
This cee�tification is a material represecttatio�� of fact upon wk�icli reliance is placed wl�en tlie Deparm�ent awards the
grant. If it is latec• determined tha# Subrecipient knowingly c�endered an erroneous cea-tification, i�� addifion to any other
�•emedies availahle to the Pederal Government, the Department may termi;�ate this Contract for cause or defa�lt.
SURR�CIP1ElYT':
City of P'orf Wm•th
� politica! subdivisian of the State of 7'c�cas
By: I'erna�ado Cnsta
Tit(e: Assistant City Man�ger
Ddte: December 3Q, 2019 4:3� pm
Page 22 of 31
'iEXAB DEPAIi'1'M�1VT OF HC3USING AIYD COMMLIVIT'Y AFTAIRS
CONTRACT Ni3M[3ER. 812001i031$2
FY 2020 LOW-INCOME HOME ENERGY AS�ISTANCE ACT WEATHERC"LA1'IQl� ASSTS I'AlVCE i'ItOG1tAM
(CFDA# 93.568)
ADDEIV➢U1VI E
YRWORA R�QUIRGMENTS
City of Fort Wor#h
a pc�litical s�6division of the State of 1'exas
If an individua[ is applying foe• LiHEAP Cunds, a S�6recipient 3nust verify that the individual apPlying for LII-�EAP
fi�nds is a c�ualified recipient for funding under the Person�l Responsibility and Work Oppoe•tunity Act nf 1996,
("PRWC312A"} nr {"AcY'), Pub. i,. ]04-193, 110 Stat. 2105, codified at 8 iI.S.C. �16D1 et. seq,, as amended by tha
Omnib�s Appropriatians Act, 1997, Pub. L. I04-208.
There are cei�tain types of assistance ti�at are ��ot subject to the Act's restrictian on access to public benefits based on
immigration status. This includes activities #hat: {1} deliver iarkind serviccs at the com�nunity [eve[, (2) a�-e necessa3y
for the pintection of life ar safery, and (3) do not condition the provision of assistance an the app[icant's i�lcome nr
c•esources.
To e3�sure that a non-quali�ed applicant does not recaive "federa] p�blic benefits," a unit of general purpase
govere�3nent that administers "federa[ pubiic benefit programs" is required to dete€•mine, and to ve�•ify, the iradividual's
al'senage status beforc ge'anting eligibilify ($ Y].S.C. §1G42 (a} and {b}}, S�cbrecipient must use the SAVE verification
syste«� to verify and dacuinent qu�lified alien eligibility.
CERTIFICATION REGARDING USE OI+ '�'HI+: 5Y5'f�MATIC ALI�N ViRII'ICA'TION FOI2
ENTITL�MEiVTS {SAVE) SYS`1'1!;M
Subrecipicnt shall:
( t ) System [Tse.
(a) Establish tE�e identiry of the �pplicants ae�d require each applicant to present the applicant's immigration oE•
n�turalization docuEnentation that contains tE�e information (e.g., a[ien e•egistraEion nu�nber) ��equired by the SAV�.
1'rogram;
{b} Physically examine the documen#atian presented by tha applicant and determine w[�ether the document{s)
reasonably appear(s) €o be genui��e and to relate to the individuai;
(c) T'rovide to the SAVE Program tf�e information tlae SAVE P�•ogE•am ��equu•es to ��espon�3 to 5ubeecipient requests for
vee�iitcalion of immigratio�� or naturalized or derivcd citize«ship status informatior,, including (1) iuformatian feom the
a{�plicanYs imn�igratian or naturalization docuinet�tation for initial automated verification, (2) additional informa#ion
obtai�led from the al'aen`s immigrat'ton or naturalization documentation foc• autom�ted additional verification, and {3)
completed �'o�'ms G-845 at�d ofher documents and intor�nation �•equired for �nanual additional verification. For manua[
oe�ly veri�catioa, ensure [hat Forms G-845 and other documen€s a��d infor�3ation �•equirec� far man�al vee�ifcation are
provided;
(d) Ec�sure that, prior ta using the Verification In%rmat€on Systecn, atk employees designated by S�brecipient to use
SAVE on belialf ofthe Sub��ecipient ("Users") performing ve�•i�cation proccdures complete SAVE requi�•ed training
inc[uding: reading the SAVE Progran� Guide, taking the latest veision of Web tutorial(s),
(e) Ensu�•e that Users are pE•ovided with and maintain LTser ids oc31y wE�ile tl�ey have a need to perform verification
p3•ocedures;
(� �nsure a[1 Users performi��g verification procedures con�ply with all rec�i�i��ements contained in the SAVF: Program
Guide, weh-hased tutorial, fhis Cnntraci, and updates to these requiraments;
(g) �nsu�•e that all Users perfara�ing verification proced�res have contact inforcnation for the SAVE i'rogra�n a�d
SAVE Monitoring and Compliance. Contact information can hc foisnd at
https://www.uscis.�ovle-verifylernploverslmonitorin�-and-compiiance o�� 202-�43-01U4
(h) Ensure all Users perform any addifianal verificatior, procedures the SAVE Program e•equires and/or tlie applicant
requests after the Subrecipicnt inifiates a request for verification;
Pege 23 of 31
{i} Use any informafion provided by DHS-1JSCIS undeE• fhis Contract so[ely for tha purpose of determ€ning the
eligibiiity of persons apptying for the benefit iss�ed by the Stthrecipient and ]imit use of such information in accordance
with th'ss and all other pE•ovisions of ti�is Concract;
{j) Comply with the requirements of the Pedez•al Information 5ecurity Modernization Act of 2014 (FISMA)
(T'L-113-283, as amended) a��d QMB guidance as applicable to electro3�ic storage, transport of records between
agencies, and the i��tcrnal processing of records received by either agency under tE�e terms of this Contract;
(k} S�tfeguard suc9� info��niation a��d access methods to ensure Yllat it is nnt used for any otheE� purpase than described in
this Contract and protect its confidentialicy; including ensuring that it is not disclosed to any ui�autho�•ized persan (s)
without the prior w�•iifcn consent of DHS-USCTS. Eacl� appl9cant seeing access to iaforination regarding hicn/her may
do so by submitt€€�g a writ#en signed request to DHS-USCIS. lnstructions for submitting requast may be found at
http•Ilwww uscis..�ov1USCISIVerifiaationlSAVE/SAVE_Nati�e_Documents/Fact Shee# �IowToCarrcctYouc�Recordsw
aihUSCIS,pdf (subject to revision and t�eposting on the SAVE Website and Onlinc Resources);
(I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Infarmation Act and ather applicable laws,
regulalions, and policies, including but t�at limited to al[ OMI3 and DHS privacy guidance, in conducting verification
procedures pu€suae�t to tl�is Conh•ac#, and in safeguarding, mainfaining, ai�d disclosing any data provided or received
pursuant Yo this Cont�•act;
(m) Compiy with federal laws prohibiting discriminafion against applicants and disee�iminatory use of the SAVE
Program based �pan the national arigin, color, race, gender, religion, or disability of the applicant;
(n) 1'rovide all beaefit-appl'scants who are denied benefits based sn(ely or in part on the SAVE respanse with adequate
written notice of che danial and the informatian necessa�y to contac€ DHS-USCIS so that si�ch individua] �nay correct
thei�• recards in a timely manner, if necessary. A Fact Sheet that iucludes the p�•ocess by whicl� applicants may contact
D H S - U S C I S i s p o s t e d a t
httn•//www uscis ov/USCIS/Verificatio��ISAV�/SAVE_Native_Documents/Fact�Sheet HowToCorrectYourRecoF•dsry
itkzUSCIS. df (subject to revision and reposting on the SAVE Website and Onl'€ne Resources); ,
{o) Provide all bene�t-applicants w€�o aF'e dcnied be�ieitts hased sole[y c�r in part oa the SAVE respanse wittt tk�e
oppo3#uuity to �se the Subc�ecipient's existing pa•ocess to appea[ tk�e de��ia[ a��d to contacE DHS-USCIS to carrect thei3•
records prior to a final decision, if necessa3•y; and
(p} Refrain fi�om using SAV�, oa• nssisting any person or entity, to comply with tE�e employma��t eligibilily verification
requiremen€s of Section 274A of the IEnmigration aad Nationality Act, 8 U.S.C. § i 324a.
(2) Monitorin and Com iiance,
(a) A[low Departmcnt and SAVE Mon'storing and Compliancc to monitor and e•eview all recoc•c�s and documents related
to the use, ahuse, misuse, fraudulent use or imp�•oper �isa of SA'VE by the Subrecipient, including, but not [in�ited to
m•iginal applicant conse��t documents required hy ilie PE�ivacy Act, 5 U.S.C. §552a or athe�• applicable autE3o��ity;
(b) Notify the Depar[rnec�t's Compliance �iv€sion immediately rvhenever there is reason to believe a viotat€on of this
agrecment has occua�rcd;
(c) I�otify the Bepart�nenYs Compliance Division immediately wf�enever there is reason to believe an informatian
breach l�as occurred as a reseslt of iJser or Subrecipient action or inaction pursuant to Office of Ivtanagement and Budget
(4MB) Memorandum M-0'1-IG, "Safeguardif�g Against and Responding to the Breach of Pe�•sanally Identifiable
I€�forn�atio��;"
(d) Allow 17epart€nent and SAVE Manitoring and Compliancc to monitor and review afl records and docun�ents related
to the use, ahuse, misuse, fi-audule��t use oa• imprope�• use of SAVI' by any User, including, but not iimited to original
applicant consent documents required by the Privacy Acc, 5 U.S.C. §552a ar other applicab[e autE�ority;
(e) Al[ow Department and SAVE Monitoring and Cotnplia«ce to conduct desk audiis and/or site r�isiis to review
Subrecipient's comp[iance with tE�is Addendum E and al[ other SAVE-related poticy, procedures, guidance and {aw
appl'scable to conducting ve�•ification and safeguarding, maintaining, and disclosing any c[ata p;•ovided o�� received
pursuant to this Conh•act;
(� Aliow I7epartment and SAVE Monitoring and Cornpliance to perform audiis oP Subrecigient's Use�• Ids use and
access, SAVE Training Records, SAVE financial recards, SAVE biographical i�sformation, syste�n �rofiles aitd �sage
patterns and otl�er �•elevant data;
Page 24 of 31
(g} A[low Depae�tment and SAVE Monitaring xnd Compliance to interview any and all Users xnd any and atl contact
persons or nther personnel wit(�in the S�brecipienYs or�anization or relevant confractoz•s rega�•ding any and all questio��s
or probtems whict� n�ay arise in conneclion with the Suhrecipient's pas#icipation ia SAVE;
(h} Allow I]epartment and SAVE Monitoring and Co�npEiance ta nlonitor system access and usage and to assist SAVF;
t�sers as necessaiy to ensu�•e con�plia��cc with the terms of this Addes�d€sm E and the SAVE Progrlm rec�uireinents by its
authorired ageuts or desEgnees;
(i} Take corrective nieasures in a tisnefy manner to address a[I lawful requiren�ents and recommendalions on every
written findiug including but not limited Eo thosc of the Depa��cment ar SAVF' Monitoring and Comp[iance regarding
waste, fi•aud, and abuse, and discrimination o3• a�iy n�isuse of the system, non-compl€ance with ihe teE�ms, conditions and
safeguaF•ds oftl�is Addendum �, SAVE Progracn �3ncedures or other appticah[e law, regulation or policy; and
{j) Provide Department and SAVE Moiiitoring and Compliance with the current e-mail, L1.S. postaE service add3•ess,
physical address, 3�ania and telephone numbar Users authorized representative for any notifications, questions or
problems tha€ may ae•ise in cannectio�� with Use��s parcicipation in SAVii and with noti£icateoe� of changes in tk3e l�cncfit
offered by the User.
(3) Criminal Penaltics,
(a) i�HS-USCIS rescrves tE3e right to use information fi•on� TDi1CA or Subrecipient far any purpose pea�n�itted by [�w,
inclucling, butnot liinited to, the prosecution of violations of�ederal administra€ive or crimina€ l�w.
(b) The Subrecipient acknowledges that tl�e information it c�eceives from DHS-LiSCIS is governed by the Privacy t1ct, 5
U.S.C. §552a(i}(]}, a��d ihat any person who o6ta'sns thEs informa€ion u3�der false pretenses or uses at for any purpose
other than as pravided for in this Contract may be subject to cri�uinal pena[ties.
(�}) Third I'a��tv Liabilitv.
{a) Each party to this Contract shall be sole[y responsible far its ow€a defense against any claim or ac#ion by third parties
arising out of or related to the execuYion and/or performance of this Contrac#, whether civi[ o�• crianinal, and reta€n
responsibility for the payn�ent of any correspoc�ding liability,
(b) Notl�i�ig i�� tk�is Contract is inte��ded, or st�ouEd be construed, to ca•eate a�ry right or benert, substantive o�• pracedura[,
enfo3�ceable at law by uiy thard party against fhe Llnited States, its agencies, officers, or employees, tf�e State o1' "I'exas,
its agencies, of�'icers, or empfoyees, or the Suh��ecipient.
(5) 1'oints of Co��hact
Michael De Young
Directar of Co3n«�unity Affairs TJivision
Texas ]7epartment of Housing and Comn�unity Affairs
Cammunity Affairs Division
I'.O. Box 13941
Austin, TX 78711-3941
i'hone: (512) �i7S-2125
E€nail: michael.devou❑ rr.tdhea.state.tx.us
USCIS SAVE Peogram MS 262U
U,S. Citizenship and I�nmig3•ation Services
Department of Homeiand Security
Washington, DC 2052R-2b20
ATTI�: 3AVF Operations
Phone: (888) 454-�4218
l3maiL• savere�istratio3� rr,dhs.�
USCIS SAVE Monitoring and Comp[iance MS 2G40
iJ.S, Citizenship and Immigration Services
Department of I Iomeland 5ecurity
Wasrt�ington, DC 20529-2640
Phone: (888) 464-421 S
�;ma€1: save.monitoring(�,dhs.�ov
Page 25 of 3 l
(6) Cettificatiort.
The €�ndersigned hcreby certifies to the Departmeni that a[1 infor�natian herei�a is true and correct io the best of their
know[edge and belie£ The �urpose oftl�is statement is to certify tEaat City of I+ort Worth (Sab�•ecipient):
� Is NOT a private nonprofit cE�a�•itable organization and is au entity created by 5tate Stat�te and affi[iated with a
stafe or gavernmental entity (such as a 13ousiE3g �nance age�cy, public housing authority, u€�it oF local gover€��nent,
council ofgovern�nents, couniy, etc.}
Cerfi�cRtio�i mc�st ha�e tlie sig�iature from a representative �vith a�ithority to execute documents on thc
St�hrecipient's beha[f.
I certify that I understa�xl that fines and 'smprisonment up to iive years a��e pe��alfies for know'sngly and wi[ling[y making
a materially false, �ctit+ous, or fraudulenf statetnent ar entry in any matte€ under t(�e jurisdicYion of tlte federal
gavernment (18 U.S.C. Sec. i00t),
STJBI2�CIPIEt�T:
City of Tort'RVa��fh
a pulitical subclivision of the Sfate of Texas
By: Fcrnando Cosfa
"1'itle: Assistant City Manager
Date: �ecen�ber 3U, 2019 a:39 pn3
Yage 26 of 31
T�IAS D1�PARTM�NT OT HO USTiVG AND COMiVIUNITY AFP'AiRS
CQi�ITRAE'T I� UMBE3t. 81200003182
I'Y 2D20 LOW-INCOME I-IOME E1�ERCY ASSiSTA1�iCE ACT W�ATHER�ZATION A,SSIS'I'ANCE P3tOGRAM
(CNI7A# 93.568)
��HIBIT A
RUllGET AND PERI'QRMANC� S"1'A'T'C11�t�lVT'
Cify of I'ort Worth
a}�olitical subdivision of'tlac Stafc of Texas
X}�PARTMCNI' FiNANCIAL OI3LIGA I'IONS
$1,�78,G24.00 LIHEAI' FLTNDS CIJRREN'TLY AVAILABLE
� 2,0OO.Ofl TRA[3�]ING &`I']iCHNIGAL ASSiSTANC� FUNDS CURRENTLY AVAILABLE
� 1,078,620.�0 TOiAL ANTICIPATED LII�EAP FL)N17S
� 2,000.00 TO'i"AL ATVTICIPATEI] TRAININCy & TECHNICAL ASSISTANCE FC)I�DS
Addit'sonal fut�ds n�ay be obligated via Amendment(s), �'unds ;nay oniy 6e obtigated ar�d ex�endcd during the caE�•e3�t
Contract `£erm. Unexpended fund balanccs wil[ be recapturecl.
13C1IlG�T P'OR AVAILABL� ALLOCA.'I'TONS
CATF.GORI�S P'UiVDS
2 AdministrAtio�i $'77,913.00
5 MAiCCIRIS I���'8�I'Nill SI1��101'Y I TJr�I16Y � 806,SGG.06
4 Health aud Safety $ 200,141.00
suB-To��'a�. � r,o�rs,�ao.00
5 Traini��g and TechnicfllAssistance $ 2,p01}.00
�ro•raU � z,oso,sza.00
I+Of3TN0"I'�5 TO SU➢GFT FOR AVALLABLE ALLOCATIONS:
� Denotcs t1�at ti�e 5ubrecipient must ;�equest in writing any adjustment needed to a budget catagory before ti�e
Depattment will make ai�y adjushnettts to tkte buciget categories. The pnly catego�•ies that can be reduced are the
Administrative, Training a��ct Technical Assistaace ae�dlnr tf3e Hea[th and 5afety categaries. Sub��ecipient is lin�ited
to two (2) requested budget revisions during the current Contract Tetm. Only thosc rvritten requcst(s) fram the
Su�i•eci�ient �•eceived at leasf forty-Sive (A5) days before the en�l of the Contract Term �vill 6e revie�ved.
The Departmcnf may decline ta �'eview written reqaests �•cceived during the iinal a5 calendar days of thc
Conirxcf Ter�n.
z I7enotes maxin�um far Ad�ninish•�tive based on 7,21% of total al[owahle expenditures.
3 Expcnses incurred under Roof Repair wi[1 co�ne out of yaur Malerials / Prograni Support / Labo:• budget.
4�enotes the a�aximum aliowed for Health and S�fety expenditures.
5 Department approved t��aining 1 travel only.
Page 27 of 31
r�Rro�zn�nrrc�
5ubrecipie3�t`s seivice area consisis oftE�e fallowing Texas cou��ties:
'1'A.I�RANT
Woe•�C ordcrs enust be submitted to weathe�•ization contracfors no later than Decemher 31, 2020 fo�• any weatherization
activities to be comple€ed �sndec• this Cant�•act. All weatherization activities i�7cluding iinal inspection must be
comp[eted no later than Ja3�uary 31, 2021.
3ubrecipient n�ay iE�cur costs associated with thc closeout of this Contract These activities ine[ude but are not limited
to: payment of invoices, xnd qua[ity assurance aciivities for a period not to exceed 45 days from the ee�d of the Contract
Term def��ed in Section 2 af ihis Contract.
These costs shall bc E�eported on thc fin�l repart desca•ibed in Section 10 of tl�is Contract.
SubE•ecipient sl�al€ provide weathcrization program services suffciei�t to expend the fi�nds v�sder tlsis Coe�tract during
the Contract "T'erm. WAP costs �er imit (ma£erials, labar, and proge•am sapport}, excluding health and safety expenses,
shal[ 3�ot exceed $S,OOO.QO per unit without prior w�•iiten approval from the Department. The cumu[ative total cose per
unit (maferials, la6or, and p�rog3�am s�pport}, sl�al[ not exceed tf�e �naximum allawable by end of the Co��fract `fern�.
Page 28 of 31
T�XAS D�PARTMEi�7' OF IIOZISING A.1V� COMIVTYIi�IIT'Y AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-II�iCOME HOivt� �;NERGY A3SISTA�TCE ACT WEATH�,ItIZATION ASSISTANCE PROGRAM
(CFDA# 93.56$)
EXIIIBIT B
LIH�AP PRIOI2ITY L1ST
I'or Single-Tamily, Mobilc Homes, and Small iYIulti-�'amily 13t�ildings
City of Fort Wor•th
a�olitichl subdivision of the S#ate of Texas
An energy conseivatian measuz�e (ECM) may include contributory items necessary for the prope�• i�stallatio� of that
ECM. The installed cost of all contrihutory items, associated wi#h the proper insta[lation, cannot exceed the cost of the
indir�idi:al �CM cost. Both the contributory and ECM costs are to be wrapped for tlie toYal ECM cost,
CoEeta•ibuto�y Items: Items reyuired hy WAP field standa��ds to achieve a fi��al product in a typic�l installafion.
Contributoi�y ite3ns cnust be necessary to com�lete the proper installation and ensure proper performance ofthe ECM.
Incidentai �iep�i�• is ctefined as: repairs necessa�y on items foc• the effect'sve preservatian of weatherized materials.
Instructions for Pi•iority LisE:
I. Perform the Major Measures in order as tl�ey appear on thc ]ist belaw. 3]ocumenta€ion mus# be �ravided if a Major
Measure is not addressed, or end result is not �chieved.
- If the unit does not n�ee# required criteria, theE� �viajor Measures have not been compteted adequately ai�d
additioE�al work must he considered anc�lor completed.
- Sub�•cci�ient CANI�'OT perform any SeconciRry me�sures untii ALL criteria fo�• Maio�• Measures have
6ee�3 adcqtEatelv addressed installed,.
- If .�trbf•ecrpient dnes NOT meel or exceed fhe requirecl crileria for rnajot� rneasures consister�tly acrass
pl•ograna yecrrs, firtiu•e LIFIE�IP Weatherizatiot7 corat�zrcts for Szabreciprent could 6e restrrcted on iJie
i��stallalian of secottdaly ��7ensuf•es.
2. Once Major Measu��es havc heen adequately addi�essed, any of the Secondary Meas�res may be addressed in any
orde�• acco�•ding to the professaonal jvd�ment of tlie Subrecipient staff.
- Decisions should be based an what is best fo�• eacl� individual client and unit and what has the best potential
energy savings im�act foE• that ho�sehold, while €naximiring allowable program expenditures.
Majoz• Mcasi�res
Health & Safely Iteins
a. �-iousef�olds that have a���egnant woma�i - Window screcns/Solac• scree��s ta help prevent exposure to the Z'ska
Virus.
h. Must meet ASHRAE 62.2-2016 Standard.
c. Refer to H&S guidance located on the I}epartme�rt website at the fol[owing link;
http://www.tdhca.sta[e.tx.us/commuF�ity-affairs/waglguidance. htin
d. `Fo include coak stoves - refer to Chapte;• 8 of the MISM
hftp://www.tdhca.state.tx.us/community-afT'airslwap/docs/W AP-MISM. pdf
2. Airinfltration
a. NO MAXIMUM COST LIMITATION.
b, All costs (labor and mate�•ia[s} must be detai[ed on the Building Weathez�iz�tion Report (BWR),
a Coc��plete curreE3t Blower poo�• Bata Shee# as insiructed,
d. At Sabrecipient Final Inspectiors, MUST MEI:T or EXC�.�T3 the Blawer poor Target I'or 75% of houses
weatherized.
3. Duct Sealing
a. NO MAXIMUM COST LIIV1iTA'fiON.
b. All return ducts to be sealed regardless oF location,
c. All sup�ly ducts to be sealed when in unconditioned spacc.
d. At Suhrecipient Final Inspection, MCJST MT�T o�• EXCEED Duct Blaster Target (WiEI� Refe�•ence to
Outside} iE375%ofHo�nes Weatherized.
Page 29 of 3 i
4. AtEic Insuiation
a. If existin� insu3ation is asscssed as �27 or balow, must insulate to ineet cun-ent code.
b. Block all E�eat sources & attic hatches.
c. If no insulation is added but ventilation needed, i�tstall venti[ation unde�• Ii&5,
5. Wa[llnsul�tion
a Chec[c al[ exterio3• walls for exist€3�g insulafion la�cls,
i, If �dequate�y insulated, document and praceed to next measa�-e.
ii. If not adequately insulated, deuse pack applicable wall cavities, i��c[uding ahove and belaw a[1 wi�idows
and daors,
6. �'loor Insulation
a. if addressed, must follow current code.
b, Vapor hanrier always requii�ed.
c. Follow OSHA accessEbility standards.
7. Refi•igcrator
a, Nleter for minimum af34 minutes.
b. Units 15 years oid or more can be repfaced without metering, as long as manufactured year is daci�mented.
c. Replaced units must be de-manufachired proper[y, materia[s must be E•ecycted and i�efrigerant properly
disposed of to EPA regu[ations.
Secondary Measures
. Low-Cast Measures
a. Wate�• Savers - aerators and low flow sho�verheads.
b. Water l�eater tan[clpipe 's��sutation.
c. Install cnaxiinum of 10 CFi,s/LEDs per house.
. Smart TE3erniostat
a. Install o��ly aftea• consultatioi�/t��ainia�g with client.
• 5ola�• ScreenslWindow Film
a. Instal[ in the follawing order;
i. West, South, East, then Nor�h side of house.
b. If the windows are cove�•ed by any permanent shading str€acture, then solaE� screenslwindow film c�tnot be
instailed on that windaw.
• Incidenta] Repait's
a, Maximum expenditure allowed is $500.
b. Mast be �•elated to weatherization measure.
c, Materials incl�de: lumE�er, shingles, flashing, siding, drywall, masanry supplics, minor window and dooE•
repair, gutte��s, downs�oi�ts, paint, stains, and sealants.
d. Regarding mobite homes, could include mobile hame ski��ting and overf�angs tn protect mobile home doo��s
e. Cauld also include carpenhy work to protect water i�eatcrs located outside to protect DWH from weather
elements.
£ Cauld include roof, wa[l, and floor repair; exclud'ang leveling,
g. Repair of "esseE3tia1 wiring"
i. Essential wie�ing defined as any wiring goiE�g directly to an appliance that is being addressed by 1E�e WX
program.
. I-IVAC/I;vaporative Coole�� Replacement
a. Coniplete �-eplacemeni of furnace/ACIHVAC as energy efficieacy measure is a passibility,
i. Iv[ust meet curreni Enec�gy Star rating for complete sys#e�n reP[aceraent (see guidance below foa�
camponent on[y �•eplacament).
ii. Must document accurate Manual 3 and Manual 5 in client file;
iii. HVAC units with a SEER or downgraded SEER of 11 or less should be rep[acec[. IJocumentatioa� of
the dow€�graded formu[a should be in tE�e client �le as gart of the assessment;
I'age 30 of 31
iv. Centra] heaEing units with an Annual �uel Utilizatioa Efficiency (AI'UG) or downgeaded AF[IE of 65%
o�� [ess should he rep[aced with a t�igE� efficiency unit, nat less than 90% AFUE. Documentatio« of t[�e
downgaded forinuia should he i€7 tl�e client file as pa�# aEihe assessment;
v. Resistance central heating u�its, if the cooling side meets �•ep[acement criteria, may be replaced w€ch a
compiete cenh•al heat pi�mp system. T]ocun�entatiou of degraded coolin� uait SEER and age ofi heating
unit shauld be in the c[ient file as pa�-t of the assessment;
vi. The replacement of AC only co�nponents of the HVAC system i€� cases where Yhe exis#ing fu��nace
does not;neel thc degraded AFUE will he allowed if the fo[lowi��g criteria is n�et:
1. The componei�ts have a va[id AHRI rating,
2. Components ara either Energy 5tar Rated o�• documentatian is p�•esent i�� the cl'sent file ti•on� the
HVAC contractor stating thc reasnn Energy Star rating can��ot be obtained, If Energy Sfar ratings
are not obtained the components must:
a. Increase the deg�•aded SEBR rating af the exist's��g e�uipmen# by a minEmwn of 3 SEER.
b. Be the highest AI�Ri rated components availabte with a minim€�m SEER rating of 14
5���2.
b. Repair of cenn•al system Is potentially allowvab[e. 7ustification far the repair inust be documented in t€�e client
fi[e. Repair can i�iclude, but is not limited to:
i. Clean and tune.
ii. Clean Evaporative and Condensing coils.
iii. Checkladjust gas pressua•e.
iv. Clean hlower wheel (squirrc[ cage}.
v. Chec[c a[1 controls, set 1�eat anticipator if applicable.
c. Change and leave up to #welve (12) ncw �ir filters.
d. No ;-eplacement of window ai��-conditioners if a centraE systen� is replaced ar repaired to wo�•€cing arder.
e. F2eplacen�ent of wi��dow air-conditioners:
's. Maximum of tE»�ee (3) window units can be �-epiaced.
ii. Must be Energy 5tar Raced a€�d sized accordin� to,manufac€urer's room sizi��g specifications.
iii. Mini spiit ��eplacement options foa• i�nits witk3 ineFCcient or ovarsized window u��its wi[1 be considered
on a casa by case basis witf� Department approvaL In order ta recei�e Department approva[,
subrecipients must provide the fo[lowing:
1. 13illing history info3�mation to verify the need.
2. Winc€ow unit plate €nformation to include age, rated ef�ciency, n�aintenance factor/condition, and
BTCJ siie.
3. Bz•ief synopsis of the auditors reasaning far the miE�i split consideration,
�F. Unit drawing showing the coverage of each window unit.
5. Type of heating system in the house.
6. Cost inforn�ation of the replacement system.
7. atk�eE• i�aformation deen3ed necassa�•y by tk�e Dep�vtment to justify windaw unit replacement with
a mini split syscem.
. Taoors andlor Windows
a. Doarslwindows ti�at a€•e struchEE•ally �nsound or �Enable to he repaired may be replaced.
b. Prior to e•eplacement, Subrecipient must receive writtcn Dept app��oval. If prior apProval is not received, costs
are disallowed.
Page 31 of 31
CSC No. 53415-A1
T�XAS D�PARTMENT OT HOUSING AND COMMUNITY AFTAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 81200003182
I�'Y 2020 LOW-INCOME HOM� ENERGY ASSISTANCE ACT W�ATH�RIZATION ASSISTANC� PROGRAM
(CrDA# 93.568)
This Amendment No. 1 to Low Income Home Energy Assistance Program ("LIHEAP") Weatherization Assistance
Program "WAP" Contract Number. 81200003182 by and beriveen the Texas Department of Housing and Community
Affairs, a public and offcial agency of the State of Texas ("Department") and City of Tort Worth, a political
subdivision of the State of Texas ("Subrecipient") hereinafter collectively refeired to as "Parties".
RECITALS
WHEREAS, the Deparhnent and Subrecipient, respectively, executed FY 2020 LIHEAP WAP Contract Number
81200003182 and
WHEREAS, the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
SECTION i.
The following Conh•act sections, addendums and exhibits are hereby amended as follows:
1. Section 2. Contract Term, of this Contract is hereby amended to read as follows:
The period for performance of this Contract, unless earlier terminated is January Ol, 2020 through Ma►•ch 31,
2021 (hereinafter the "Contract Term").
2. Exhibit A. Bud�et and Performance Statement, of this Contract is hereby deleted and replaced in its entirety
with the attached Exhibit A.
SECTION 2.
All of the remaining terms of the Conh•act shall be and remain in full force and effect as therein set forth and shall
continue to govern except to the extent that said terms conflict with the terms of this Amendment. In the event this
Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the
Contract void by law.
SECTION 3.
Each capitalized term not expressly defined herein shall have the meaning given to such teim in the Contract.
S�CTION 4.
This Amendment may be executed in several counterparts, each of which shall be deemed to be an original copy, and all
of which together shall constitute one agreement binding on Parties, norivithstanding that all the Parties shall not have
signed the same counterpart.
Page 1 of 4
S�CTION 5.
If any of the Paities returns a copy by facsimile machine or elecri•onic transmission, the signing party intends the copy
of its authorized signature printed by the receiving machine or the elech•onic transmission to be its original signature.
SECTION 6.
By signing this Amendment, the Parties expressly understand and agree that its terms shall become a part of the
Conh•act as if it were set foirth word for word therein.
S�CTION 7.
This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
SECTION 8.
This Amendment shall be effective and memorializes an effective date of November 15, 2020.
WITNESS OUR HAND EFFEC'TIVE: 11/15/2020
SUBI2�CIPIENT:
City of Foi•t Worth
a political subdivision of the State of Texas
By: Fernando Costa
Title: Assistant City Manager
Date: December 15, 2020 3:50 pm
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAII2S,
a public and official agency of the State of Texas
By: Robert Willcinson
Title: Its duly authorized officer or representative
Date: December 17, 2020 8:05 am
Page 2 of 4
T�XAS DEPARTM�NT OI' HOUSING AND COMMUIVITY ATTAIRS
AMENDMENT NO. 1 TO CONTRACT NUMBER 81200003182
P'Y 2020 LOW-INCOM� I301VI� �N�RGY ASSISTANC� ACT W�ATH�RIZATION ASSISTANC� PROGRAM
(CFDA# 93.568)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Wa�th,
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$1,078,620.00 LIHEAP FLINDS CURRENTLY AVAILABLE
$ 2,000.00 TRAINING & TECHNICAL ASSISTANCE FLJNDS CURRENTLY AVAILABLE
$1,078,620.00 TOTAL ANTICIPATED LIHEAP FUNDS
$ 2,000.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current
Conh•act Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES FUNDS
Z Administration $ 77,913.00
3 Materials / Program Support / Labor $ 800,566.00
4 Health and Safety $ 200,141.00
SUB-TOTAL $ 1,078,620.00
5 Training and Technical Assistance $ 2,000.00
TOTAL $1,080,620.00
FOOTNOTES TO BUDGET FOR AVAILABLE ALLOCATIONS:
Denotes that the Subrecipient must request in writing any adjustment needed to a budget categoiy before the
Deparlment 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 rivo (2) requested budget revisions during the current Contract Teim. Only those �n•itten request(s) from the
Subi•ecipient received at least fm•ty-five (45) days before the end of the Contract Term will be ►•eviewed. The
Department may decline to review written requests received during the final 45 days of the Contract Term.
2 Denotes maximum for Administrative based on 7.21% 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 3 of 4
PERP'ORMANC�
Subrecipient's service area consists of the following Texas counties:
TARRANT
Work orders must be submitted to weatherization conh•actors no later than March 31, 2021 for any weatherization
activities to be completed under this Conh•act. All weatherization activities including final inspection must be completed
no later than Apri130, 2021.
Subrecipient may incur costs associated with the closeout of this Conh•act. These activities include but a�•e 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 Conh•act.
Subrecipient shall provide weatherization program services sufficient to expend the funds under this Conri•act during the
Conh•act Teini. WAP costs per unit (materials, labor, and program support), excluding health and safety expenses, shall
not exceed $8,000.00 per unit without prior written approval from the Deparhnent. The cumulative total cost per unit
(materials, labor, and program support), shall not exceed the maximum allowable by end of the Conh•act Term.
Page 4 of 4
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81200003182; AMENDMENT NO.1
APPROVED AS TO FORM AND LEGALITY:
! (�,..�=
s
Taylor Paris
Assistant City Attorney
ATTEST:
r���-���
Mary J. Kayser
City Secretary
M&C: 19-0346
Dated: December 3, 2019
CITY OF FORT WORTH
By: Fernando Costa (signed electronically-see attached contract)
Title: Assistant City Manager
Date: December 15, 2020
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robert Wilkinson (signed electronically-see attached contract)
Title: Its duly authorized officer or representative
Date: December 17, 2020
Contract Compliance Manager:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
,A�l_/
Amy C �o (Jan 4, 20210915 CST)
Amy Connolly, Assistant Director
Neighborhood Services
R�C�I�''�
s�t� ��
GCS`l 01"
rri !
�ITY S��R�T��Y
��������� r�r�.. ..53'�1..5 �-
"f�XAS D�PA12'TM�N'T' OF HOUSINC A]VD COMMIUNITY AFFAlI2S
CONTRACI' N UMf3ER. 81206Q03182
1�Y 202� LOW-1NCOME HOME E1�fERGY ASSISTANCE ACT WEATHT;RIZA'f10N A5SI5TA�TC� PTZOGIZAM
{CPDA# 93.568)
Ativarding Fcdcral Agency; Unitcd Sfates ])epart»�eui uf Healiif and Auman 5e�vices
'1'bHCA. I�'cdcr.tl A.rv�rd Numbei•: �-20BIT�CLi�A
Avvard l'caa• (Yca�• of Arvard fi•om HHS ta TDIiCA}: 202D
U�iquc �:ntity Identifier iYu��3be�: 14733G9C5
S�CTIOn ]. YAR'I'ItiS TO T}i� CQNTRACT
This 2020 Lo�v Incon�e IIome Encrgy Assistance Program {"LIHEAP"} Weati�erization Assisiance Program Co3�iract
("Contract") is made by and between ilte Texas Department of Housing a»d Co�m�unity Affairs„ a public and official
agency ot tl�e Staie of' Texas ("Department") and City of FoG•t �Vorti�, a pnlitical s�iUdivision of the State of' Texas
{"Subrecipie��t") hereinaltcr tlie "Pac�ties".
S�CTION 2. CONTRACT TFRM
This Contract s1iall comrnence on Janu�ry Oi, 2020, and, unless earlier tcrn�inatecl, shall end on Decembet' 3I, 202U
{"Caiitract Tc��m").
SLC'fTON 3, SUBR�CIP'IENT P�RTORMANCE
A. Subrecipienl shall implemeni a We�therization Assistance 1'rc�grain ("WAP") in accordance with the p�rovisions of
Part A of the Encrgy Conseavatio« in Existing Buildings Aci of 197b, as amettded {�42 U.S.C. §6861 ei seq.)
("WAI' Act"), t3�e sections o€ the i3.S. Deparhner�t of Energy ("DOE") implenlenti��g regulatio»s codrf�ed in 10
CFIt Parts 4d0 and 6DD ("WAP Regu4ations"} as ii�dicated l�erein, 2 CFR Part 200 (as applicable), tlie Texas Wfl['
State Plan, tl�e Texas LIH�;AP State Ylan; tl�e iii3plementing Statc rcgu3ations al Title IU, Part I, Chapler I, Chaptcr
2, and Subchapters A and D af ChapFer 6, of the Te�;as Adn�inistrati�e f:odc as amended oe- supglcmented fi•om
time to time (collectively, "State Rules"), Clidpters 2105 and 230fi of the 'i'exas Gaveet�tnent Code {"State Aci"},
the Low-lncame Home T'nergy AssisYance Act of 1981 as amended (42 il.S.C. §$621 et sec�.) ("LII-IEAP Act"}, �nd
the impiementing regulations codified in 45 CFR Part 9C ("LINEAP Regulations").
B. Subrecipient shaEl, in accordance rvith ihis Coniracl tl��rougE7out its 5eivice Arca, deveEop and implemcnt a WAl' in
ihe countics a»d in accorduice with the terins of th'ss Cont3�act; the certificatio«s atteched heeeto as Addendtmis A.
13, C and T� and inco��pora#ed lierein tor aEl relevan[ purposes; the "Persona] Responsrbility aad Work ppporlunity
Act af 199G ("PRWORA") Rec�uircmcnts for ti�e WAP" altached ltereta as Addendum � and ineorpoi•ated herein
fo�- all i�eleva;�t purposes; tl7e °Rudget and Performal�ce St�steme�t" attached hereto as ��ltibit A and i€rcorporated
f�erein for al] rele�ant purposes; thc "LIIIEAP Prioriry Lisl" altached l�ee�eto as Exhibit B and incorporated hereiE�
for all ��ele�ant puaposes; tl�e assu;•ances, certi6cations, aF�d alt otl�er statemcnts made by Suba-ecipicnt in ils fundictg
u�5der this Coutract; and with all othe�• terms, provisions, and renuiiements he��eiu sct forth.
C. Subrecipient sl�all develop 1nd im�,lement the WAP lo assist in ach'seving a prescrihed [evel of energy officiency in
tl�c dwellings of "Ho�€seltolds" tk�at a��e "Lorwle�come". WAP services will be �arovided to owuar occapied units as
well as re«fal unils. Prioriiy will be given to in no ��articul�r order (1) Houscholds with "�lderly Pcesons", (2)
"Persoiis �viili T7isabililies", (3} Households wifh youug childreii tl�at are age five (5} or yo{mgcr, (4) �IousehoEds
witli a"High �nergy Burden", andbr {S) Households witli "High �.«ergy Consi�mption", as said tern�s are deiined
in 7� TAC �S 6.2. Subrecipient is allo��ed to perform weathcrizntion nteasw'es as defailed in LIHTAP I'riority List,
Ex(�ibit B of tl�is Cont�'act. If Subrecipient teverages LIHEAP with any Deparhneitt of E»crgy �veattye3-ization
f'unds, all federal and state DOE rules and reqiii��ements wil] apply inc[uding but e7ot limiEcd to inco3ne calculation
requiremenFs as aullined in TJe�ariment of �rtefgy - Weatherization Pragranz Notice 18-3 0�• updaied Tncoma
�7etermi3iafion Notice in accordance witl� the 5#nte Ru�es, The work wili be co3nplctcd in accorda€�ce with lhe
international E�ie�•gy Co«servation Code and the minimun� reguirentenis set in tl�e State of Texas adopted
International Residential Code or in jw•isdictions autlzorized by State law to adopt later cditions.
Page 1 of 31
D. S€a�€ecipient shal[ rcfund to the Depa�rtment a�3y sum of tnoncy wl�ich has beeE� paid to Subrecipient by the
Departme�al, which Bepa��tmeni dctc��mines l�as not been strictly spenc in acco��dauce with the teims af this Con[ract.
Sub�•ecipient shali make such refund within ffteen (15) calendar days atte�� the Deparhnent's request.
SECTION 4. DEPARTNIEN7' FINANCiAL OBI.XGATIQIVS
A. in cox�sideratioa of Si�brecipient's satisfactc�ry performance of this Canh�act, Department shall reimbua�se
Suhrecipie€�c far the act��al al[owaE�le costs incurred by 5ubrecipient in the amouut specifed ihe "Budget and
f'erformancc 5tate�nent" attaehcd hereto as �xhibit A.
B. Depa�-tment's obligations under this Conh�act are ca�tingeni upon the aciva[ receipt �nd availability by Dapartment
of adequate 2020 LIH�,AP federal prograre3 functs. If sufficient funds are �sot available to niake payments undea• tiais
Co«t;•act, Depae�rneert may notify 5ubrecipient 'sn wc�iting within a reasaiiable time lfter such fact is determined.
Depa��tmeirt sE3al1 #lien terminate this Contract and wil[ not be lEable for the failure to 3nake aiiy payn�eiit co
Subrecipient under this Conh�act. 37epaffinent acknowledges that it has received obligations fi•om those sources
which, if paid, wil[ be sufficiea�i to pay the allorvable costs incurrcd by Subrecipient under this Conta•act.
C. Department is not liable far any cost incurred by Subrecigient wE�ich:
(1) is incurred to weatherize a dwelling unit which is not an e[igible dwelling unit as deti�ed in Section 440.22 of
the WAI' Regulations, except th�t pursuant to 10 TAC §6.2(b)(2S)(I3) the dwelling unit shal[ be eligible for
weatl�erizatioc� assistancc if 'st is occupied by a fami[y un'sf whose 'sncome is at ar helow o�se h�ndred fifty
percent (150%) of the poverty guidelines updated periodica[ly in thc Federal Register hy tt€e U.S. I�epa��tmee�t
of Health and Human Services under tE�e authority of"Poverty Income Guidelic�es" at 42 U.S.C. §9902(2);
(2) is incurred to weatk�erize a dwelling unit which is designatcd for acq�isition or clearance by a federa[, state, or
loca[ program within twe[ve months from the dste weatheriza#ion of the dwe(ling uuit is scE�eduled to be
co�npleted;
(3} is incur3•ed to �veatk�erize a dwel[ing unit previously weathe�•ized with weatherization assistance program func[s
ar cha�•ged to another LII-iEAi' WAP oa• BOE WAP conts•act, except as ��•ovided for in Section 440.1$(e){2) of
tf�e WAP Regulations;
(4} is for S€�b►•ecapient's ac4ministrative costs i��cu;-red in excess of the maximum limitatioc� set forth in Sectinn 8 of
tl�is Coniract;
(5) is not incurred du3•ing the Conh�act Term ;
(6) is not reportecl to �epa3-tment on a monthiy expenditura or pe�•formance report witk�i€� forty five {45) calendar
days following the end of the Cont��act Term;
(7) is subject to reimhursen�ent by a source othe3• than Department; or
(�) is made in violation of any pravision of ihis Conri•act, includiug the addenduras and exhibits, ar any provision
of federal or state law or regu[a#ion, inc[uding, but not limited to those enumerafed in this Contraci.
T3. Nori�ithstxnding any othe�• provision of this Conh•act, Departmcnt shail unly be liable fo Sub�•ecipient for aflowable
cosis achaalty incurred or perfo3-mances rer,dered for activities speci�ed in the WAP Act and LIHEAP Act.
E. Nofwithstanding any other pa•ovision of this Contract to thc contr�uy, fhe €otal of alt payme��ts and othe3•
obligatiof�s incurred hy the Depa��tment under this Contract shall not exceed the su��� o£ $ I,�80,G20.0�.
S�CT101�' 5. M�THOD OF PAYMENTICA SH BALAi�'C�5
A. [2EQCJ�ST FOR ADVANCE. Subrecipient may request an advance for up to thirty {30) days. Sub;�ecipient's
rec�uest %r cash advance shal[ be limifcd to the �ninimnm amouni needed and be timed to be in accordance with the
actuat, im3nediate cxsh rec�uircments of the Subrecipiant or as� advance oi $5,000, whichever is greater. In earrying
out lhe purpose of this Coat€'acC. Su6recipient must �'equest an advance payment by suhmiftit�� a prope�•ly
completed mnnthly expenditua•c repoE�t to Departn3ent through the e[ect€�onic reporting system no later than the
fifteenth {l Sth) day of the month pr'sar to the montfi foe� which advance payment is sought, together with such
supporting c3ocumentatioc� as the Departn�ent may reasonak�ly request.
�3. DISBURSEMENT 1'ROCEDURES. Subrecipient shall establish procedu3•es to minimiza the time between the
disbirrsement of funds feom Departn�ent to Subrecipie��E and the expanditure of such fands by Subrecipie��t.
Page 2 of31
C. DEPARTMEIVT OBLTGATIONS. Subsectian �(A) of this Co��tract ;�otwithstanding, Aeparin�ent reserves tlie
right ta utilize a modified cost reimbtt��set��ent ntethod of payment, whereby reiinbursement of costs incurred by a
Subrecipient is mac[e only after the I3e�artment ttas reviewed anci approved bac[a�p documentatian provided by the
Subrenipient to suppo3# such cnsts for al[ £unds, if at any time (1) Subrecipie��t ma9ntai;as cash balances in excess of
c�eed o�• requests advance gayinents in excess of thirty (30) days need, (2) Departme��t identEfies any deficiency in
tlie cash controls or financial management system used by Subrecipient, (3) Subrecipienc owes the �epaE�[meni
funds, or (4) 5ubrecipicnt viotates a�ay of thc tern�s of this Co€�trac#.
b. AT,LOWABL�. EXP�NSES. All ftmds paid ta Subrecipieni pursuant to this Contract are fo3• the payment of
allo�vable eape►�di€ures to be used for the exc[usive beneft of ihe [ow-income popalation of Subrecipient's 5eivice
Ae•ea incu;�rcd du��ing the Cant�-act Term. Si�brecipient may incur costs for activitics associated wifh the claseout of
the CEAP contract foe• a period r�ot to exceed forry-five (45) caleE�dar days fi•om the end of the Ganh•act Term.
S�CTION 6. ADMINISTRATIV� Ti�Qi3IR�NiENTS, COST PRINCIPL�S AN➢ AU]lI1' 12k:QYJII2�M�NI'S
A. ADMINISTRATIVE IZEOU]REMENI'S. CQST PRINCIPLES. Except as express[y modified Uy law o�• tlae iea•ms
of this Contract, Subrecipient shall cotnply with the cost principles and unifoe•en administrative requi��ements set
iarth in slate ilnifarm Grant Manageinent Sfandards, 34 TAC §20.421 in ef�ect on the ef%cYive date oF this
Contract ("L1CrMS") Cl�apte;• 783 of the Texas Government Cade and 2 CFR Pai�t 200. Ali references tl�ereiE� to
"loca[ governn�ent" shall be construed to n3ean Subrec'spient.
B. INDIRECT COST RATE. Subrecipient has an agproved indirect cost rate of OAO%, as detailed i�� tE�e [etter from
the cngc�izant agency.
C. Ai3D1T itEOUIREMENTS. Audit requirements are set foith in the Texas Sing[e Audit Act and Subpa3•t F of 2
GFCt Part 2D0. ihe cxpeExiitm•e threshold req�i��ing an �udit is $75f1,000 of Federa[ funds.
D. AUDIT REVIEW. Dep��tment a•eserves the ri�E�t to conduct additional audits of the funds received and
performances rendeE•ed unde�• tE�is Contract. Subrecipient agrees to permit Department o�• its authorized
represenfativc to audit 5ubrecipient's recoa•ds and to obtain a��y clocuments, materials, or information necessaiy to
facilitate such audit.
�. C�RTIFICAT'ION FORM. �ar a;�y fiscai year ending within or one year aftar the Contract Terin, Su�3-ecipient
nlust submit an "ltudit Certification Form° (availab[e fi•oni the 17eparf�nent) within sixiy (60} days aftea• the
3ubrecipient's fscal year end, If the Subrecipient's Single Audit is requia�ed by 2 CFR Part 2p0, Subpart F, tl�e
repoi�t n�ust be subn�itted to the Faderal Audit Clearinghouse (°�AC") the earlier of 30 calendar days after receipt
of tl�e auditor's report ar nina (9} monihs after the ee�d of its 3•espective 6sca1 year. As noted in 10 TAC � 1.403{ r�,
SE�brecipient is required ta submit a notification to Departn�ent withia fve (5) busiRass days of suE�naission Eo the
FAC. Along with the noticc, i«ciicate if the auditor issued a manageinent letter. If there is a management letter, a
copy of the leiter n�ust he sent to the t]epaitn�ent. Both the notice aad the copy o€ tf�e ma��agement letter, if
applicable, must he s�brs�itted to SAandACF a tdEsca.state.�.ns,
F. SUBCOi�T12AC'I'S. The S�brecipient shall include [anguage in any subcontract that provides the Depe�-tmeE�t the
ability to directly review, monitor, andlor audit the oPerational and iinancial perfarmance and/or records of wark
perforEned under tE�is Contract,
S�CT�ON 7. DEOSI,IGATION, T�R1ViIPIA'I'IQN AND Si1SP�l�'SION
A. DEOB�,IGATION, The TJaPartment cnay deobligace fiEnds from Suhrecepient in accordance witl� 1� TAC §1.411,
10 TAC �6.905, ac�d ChapteE• 2105 oftl�e S€ate Act.
B. T�RMINATION. Pursua€�t to 10 TAC §2,202, llepa��tment may teE�rninate ihis Contract, ia whole or in part, at any
time llepartment determines ti�at there is cause far termination. Cause for te�•enination includes but is a�ot limited fo
Subrecipie�it`s faili�rc to comply �vith any temi of this Contract ar reasonab[e helief that Sube�ecipient ca�mot or will
not con�ply with the requirements af the Contract. If the Department determines that a SuE�recipient has failed [o
comply w€ch tE�e terms of the Con#ract, or has failect to provide services that meet appropriate standards, goals, or
othe�• requirements established by ihe Dapa��tment, Department will notify Subrecipient of the defciencies to be
corrected and require t€�e defaciencies be cor��ected p��ior to impleenenti�3g termination.
C. 5C➢SPENSION. Nothing in fhis Sectio�� 7 shall be construed to limit Depart€nent's autharity to withhold payme��t
and im�nediately suspend Subrecipient's performance under this Contract if Department identifes possible
inst��ces of f€aud, abuse, waste, fiscal rrEismanagecnent, or other sericrus daficiencies in Suhrecipient's perforn�ance.
Page 3 of 31
D. Wi'1'HHOLDl�1G OT' PAYMENTS. Notwithstandi��g any exercise by Depai�t�ient of its right of deobligation,
te��mie�atio�� o�• suspension, Subrecipienc shatl ;�ot be relieved of any liabi[ity io Department for damagas by virhie
of any breach of this Contract by Subeecipient. Depar€rnent may wiihho[cl any payment due to Subrecipient unti]
such time as thc exact amount of damages clue to Dapa�-3ntent is agreed u�on or is o#herwise determi��ed in writing
between Parties.
�. LIABILITY. Departtnent sliall not be [iab[e for any cosfs incurreci by Subt'eci�ieni a$cr terrrsination or during
suspension of this Cont�•�ct oe for a��y cos€s [hat are disallowed.
P. GENEI2AL. 5ubrecipient's failure to expend the fu;�ds providecE under this Contract in a ti�nely inanner may ;•esult
in either the tenninAtion of this Contract or Subrecipient's ineligibitity ta eeceive additional func€ing under WAP, or
a reductinn €€3 tl�e ori�inal allocation of funds tv Subrecipient.
S�CTION S. ALLOWABT�� ��P�NDITUR�S
A. The al6owability of 5ubrecipie��t's costs incurred in the performa�ce of this Coniract sha[1 be de#ermined in
acco�•dance witi� the p��ovisions of Sections 4 and S of this Conh•act and the regulations set forth i�i Sectio�� 4�}�.18
of the WAP F�egulations, subject to tl�e lin�itatinas and exceptions sat fo:�ih in this 5ectio�i 8.
B. 'To the maximum exte�c p�-acticabfe, Su6recipient shall i�tilize funds grovided u��der this Coniract for the purchase
of weatlierization n�aterials. Subrecipient sha[1 weatherize eiigible dwe[ling units usi�g oa�ly we�therizatio�i
materiats whicf3 meet or exceed the staadards prescribed by DOE in Appenciix A to Part 440 of the WAP
Regulatio�is, 5tate of Texas adopted Intere�ational Residential Code ("IitC") or ju3•isdictions aisthorized by State la�v
to adopt later editions.
C, Administrative and program services activi#ias fu3�ds are earned t[�rougt� provision nf direct services to clienYs in
accardance with tt�e State Rules. 5ubrecipient may choose ta subn�il a final budget ravision no later tl�an fo��ty-�ve
(45) calendar days prioc• ic� tk�e end of the GantE•act Term to use its administrative anc� progra�n services fu��ds fo��
direct service categories.
D. Poz• units where 5ubrecipient leverages with any DOE weatherizatio�� funds, al[ weatherization measures installed
�nust have an approved State of '1'exas Iinergy Audit sxvings-ta-investment ratio ("SIR"} of one or greater u��less
ofherwise indicated as healtl� and safety ar incidental rcPair items. Weatheriration measui�es instal[ed shal] hegin
4vith those having ihe greaiest SIR (on approved St�#e of Texas Energy Audit) and �3ncecd in descending order ta
the measures with the sEnaliest SII2 or anfil the maximu�n allowab[e per unit expenditures are achieved.
�. Allowable expendihares under th€s Cantract incl�de:
(I) the puecl�ase and delive�y of weatherezation materials as defined ic� Section 440.18 o1'the WAP Regulatians;
{2) if Subrecipient leverages LIH�AP witEz any DOE weatherization funds, labor costs for doors, p�•ima�•y
windows and storm windows that will result in approved energy savings with a SIR of oae oe greate�• in
accardance with 5ectian 440.i9 of the WAl' Itegu[ations;
{3} tlie cost of weatherization �naterials aad labor for air and duct sea(iug, insulation, al[owable base load
reduction measu�•es, heating aad cnoling system tune ups, repairs, modification, or rePlace�nents, Wk�enever
avai[able, hcating and coolang syste�ns must have an Energy 5tar rating;
(4) transportation of weatherization and repair matea•ials, ;toals, equipmant, and work crews to a storage site and
fo the site of weathe�•ization work;
(5) maintenance, ogeration, and insurance of vehicles used to transpart weatherization materials;
(6) maintenance of taols and equipment;
(7) �u�•chase or lease of taoEs or equipment;
(8) emp[oyment of on-site s�pervisory personnel;
(9) storage of weatherizatio« n�atariais, tools, and equipmen#;
(10) incidental repairs (such as repairs to roofs, wal[s, floors, and oiher parts of a dwelling unit) if suc[� ��epai3•s are
necessa�•y for ilie effective pe��forrnance or preservation of weatherization measures (If incidental repairs are
necessaiy to make the installation of thc weatherizatioc� measures effectiva, tE�e cost of incidental repair
measures charged to WAP funds awarded under #his Cont��act shall not exceed the cost of weatherization
meas�Eres ct�arged to WAP}; and
(i R) allowable health and safety measures.
Page 4 of 31
F. �-iealth and Safety funds not expa��ded may be moved to the labar, materials, a��d prograin support categoiy, These
changes will rec�uire a Contract action; tiies�efore, 5ubrecipie��t mi�st Provide written notificaiian to the Depac�imeni
at least ibity-five (45) days prior to thc end of ti�e Cantract Terin before these f imds can ba moved.
G. Administrative costs incurred by Subrecipiefit in ��ei�form'sng tl�is Coiriract are ta ba based on actual prog�•ammatic
expendihu�es and shall be a{lowed up to che an�ou��t out[ined in the °8udget and Ferforma€3ce Statement" as Exhibit
A, Aflowable ac[minish•ative eosYs may include reasonable costs associated with Subrecipient's administrative
personnel, f�-avel, ai�dit fees, oi'�icc space, aquipment, and suppties which are �iecessa€y for tf3e adn�inisfratio�3 of
WAT'. Administrative costs aE�e earned based upan the a3lawable percentage of total al[owa6le expenditures,
exc[uding tk�e allowance for Depar�ment/LIHEAP Training Trave] or spacial equipn�ent purchases. Snbrecipie3�t
�nay use any or all of the func[s aliowed for administxative purgases undee ihis Conri�act fo3• the purchase and
de[ivery of weafherizatio�� ma[erials. `I`(iese clianges wil[ require a contract action; therefore, Subrecipie�it n�ust
provide written noYification ta the Departmee�c at least forty-five (�5) calendar days prior to the end of the Cont��act
Te;m before these funds can 6e n�oved.
�i. Ta tt�e maxinni�n extent practicable, Subf•ecipient shsll secure the services of volunteers to weatherize dwelling
units under che direction af qualified supervisors.
5�CTION 9. Ii�CORD ICG�PING REQUXI2�Wf�NTS
A. GENTRAL, Subrecipicnt shall comply with the record keeping requirements set fo3-th below and at Section 440.24
of the WAP Regulatians and shal( maintain fiscal and programmatic i•ecords and supparting documentation for all
expenditures of funds made under this Conh•act in accordanca with the state Uniform (irant Manageinent
Standards, Chapter III, "State Uniform Ad�ninisn•ative IZequirements for Gra�ats 2nd Caope�•ative AgreemeE�ts",
Subpa:�t C-I'ost Award Requirements, §_.42, Subrecipient agrees to con�ply with any changes to the UGMS'
recard keeping rec�uirements. For gurposes of complixnce monitoring, all associated docuinentation c�iust be
a�eadily available, whether s€ored electronically or hard copy to demoustrate compliance with Subrecipient
Performance as autlined in 5ection 3.
B. CL{EN"I' FILES. �,xcept as othe3•wise described ic� i0 TAC §6.14 regarciing sheiters, for each dweiling a�nit
weatE3eri•r_ed witE� funds received fi•om LiiiEAT' WAP undcr this Co��cract, Subreci�ient shall maintain coc��plete
c[ient fles at all times as described herein. Costs associated with incomplate f[es found at the fime of prograna
monitoring may be disaltowed. Each file shall contain the foliawing infarmation, includ'sng the foliowing
IJepartmef�t forms faund in the Coinmunity Affairs T7ivisio�a sactian of the Departnient's website at
htt� •Ilwww.tdhca.state.tx.us/cam�nunitv-affairs/wap/�uidauce.htm#forms,
(1} Sig��ed and con�pleted "Application for Weatherizatia�i 5e�•vices" form indicating the ages of the 3•esidents,
prese��ce in the Household of oh'sldren age five (5) nr younge�•, Elder[y Persans, and 1'ersans wifh Disabilities.
Date of said application a��d associated documents must be witE�in twelve (12} months of the start date
indicated on the `Building Weatherization Repor[" ("BWTt");
(2) Twelve (12) fnonth consume�• billir�g his#ory far utilities;
(3) Consump#ion disclosi�re 3•elease £o3�rn {#'ar access to consumption data fo�• ase i�� surveys and studies);
(4) Prioi•ity Ratie�g Sheet;
(5) EligibiIity documentation in accordance with the follawing:
a. Subt�ecipient must use the definition of "income" in I O TAC §6.4.
b. Su����ecipient must provide docun�entationlveriiicafion of clicnt income for the thirty (30} days preceding
tk�eir appiicatian fo�� all Hausehalci members eighteee� (18) years and olde��, or provide a"T3eclac�ation of
lncon�e StatemenY' ("➢IS") fnrm (if appGcable), In order to use the D[S form, each Subrecipient sE�al(
develop and implement a weitten policy and procedure on tE�e use3• of fhe form, including palicies
requiring a cleeut sta€en�ent of efforts €o obtain docunientation of incame witk� a ciient signature. Proof of
income documentatio�t requirements aE�e the same for both single and muilifa�ni[y housing. All proof of
income musi reflect earnings from within twelve (12} months of the start date indicated on the "Building
Weati�ea•ization Report" ("BWR").
c. No dwelling unit shal] be weathe�•ized witl�o�t documentatio3i that the dwelling unit is an e[igible dwelling
unit as defined in Section 440.22 of the WAP Regula#ions, except fhat pursuant to 10 TAC §6.2(b)(2&}(B)
the dwelling unit sha[1 be e[igible foc• weatherization assistance if ii is occupied by a family u3�it whose
income is at or below one hundred fifly percent (150%) of the "Poverty incocne Guidelines" at 42 U.S.C.
§9902(2).
f'age 5 of 31
��)
��)
(g)
i9)
(10)
(11)
(12)
(13)
Ei�)
(I5)
E��)
{17)
{I$)
{1�)
{ZO)
{2i)
(ZZ)
(23)
(24}
(25)
BWiZ foa•�n includi�g certifrcatian of final inspectio�� and justification far omission ofprio3•ities if applicable;
I�ivoices of n�aterials purcE3ased o�• invento�y remova] sheets;
I�rvoices of ]abor;
If a�•enial u��it, "La€�cilo��d Agreement" form, "Landlord Financial Pa�•€icipatioca" form and "Landlord
Permission to Per%rm Assesstnent &�ttspections far Rc€�tal Llnits" form and al[ other landlord forms found
in the Community Affairs Division section of the �epartment's website at
]�ttp://www.tdhca.state.�.as/community-affairs/wap/dacs/10-W APLandlord.pdf;
"Notice ofDenia] and Appea[ Righfs," if app[icablc;
Signed a€�d dated "Building Assessment" form, ta include existing ef�"iciencies of al[ (�eating and cooling
app[iances (Manual.0 and Mailual S};
"AtiiclWall inspection" farm (loca[ design allowed);
IJocumentation ofpre/�ost weatherizafion ca�'bon monoxide readings fo�• al[ comb�stible appliai�ces;
"$]owea• Door 1'erfarmance 5tandards and I7uct Blower i7ata SheeY' forn�;
T�efi•igerator metering i��foE�E��ation;
Clie�ii �ducation Verification;
Siga�ed client "Ftefrigerator Replacement Fo���n" (if appl'acabEe);
Completed, signed and dated :Priority List" fo�m {if ap{�licable);
A can�Plete copy of ihe approvad Stafe of Texas �nergy Audit (if applicable);
Signed clieat receipt af che "Llnified Weatherization E[ements Notifica#ion Form" that inct�des lead haza�•d
infom�ation, ideF�ti�cation of mold like substance, and stata 13istarical preservation i�iformaiion;
Work Order;
CAZ Testing;
Pre/Post-ASHRAE Printout (RED Calc); and
Signed ciient �•eceipt of "Mold-Like Suhstancc l�iotificateon xnd Release Form foe Texas Weatherization
1'rograms" (if app[icable}.
�inal inspectian form t[aat allawlble meas�res are compEeYed as per work arder.
C. MASTERFILES. For eac�� ��aultifamily project weatherized witi� ftmds
Contrt•act, 5ubrecipie�it shall m�intain a master fi[e containing the follawing is�forEnation:
(1) "Multif�mi[y Praject Quilding Data CEaecklist' ;
(2) ivtu[tifaFni[y Project Completion Cl�ecklist";
(3) "Landlorci Permission to Perform an Assessme�t and Inspectine�s for Re:�ta[ iTnits";
(4) "Landlord Agreement" forn�;
(5) "Landlorc� Fi��ancial Pai�ticipatiau Form"; aad
(6) significant data rec�i�ired in all cnultifamily projects.
recaived fi•om LIFTL.AP u��der tE�is
D. ST`ATVDARDS FOR MATEIZiALS. Materials standards docua�entatian for weatl�erization material purcl�ased
under this Cont3•act must be ma9ntained. These stae�dards must ���eet the requirements according to Appendix A to
Pa3't 440 of ttte WAP Regulations,
E. ACCE3S TO REGQIZDS. Subrecipient shall give U. S. Bepartment of Heaith and Human Se�•vices, the U.S.
Genera[ Accounti��g Office, the Texas Compirollet•, the State A€�ditor's Ofiice„ the CompErolle�- General of tl�e
Il�iced States, and Bepa�-tment, or any of thei�• duly au#hori•r.ed rep��eseniatives, access to and thc right to examine
aud co�y, on or off tlte preraises of Subrecipient, all ��ecords pec�iaining to this Cont3•act. Suck right to access shall
conti��ue as long as the records are retainect by Subrecipient. Subrecipient agrees #a cooperate with any
eaarninatian conductecf pursuant to this Subsectioc� �'.
F. RECORD RET�NTIOTV. Subrecipient agrees #o maintain such records in an accessible location for the g�-eater of:
{i} the tinia period described in the state Unifarm G�•ant Management Standards, Cktapter III, "State Uniform
Adtninistra#�ve Requirements for Grants and Gooperative Agreefnents", 5ubpart C-Post Award Requirements,
§_,42; or (ii) a date consisfent with any o[her periad required by the performed activity rcflected in fcderal oc• state
law or reg�lation. Cipoc� termination of this Contract, al[ ��ecords are praper€y of the Dcpa��hnent.
G. OPEN ItECOR�S. Suhrecipient acknowledges that all infarmation collected, assembled, or mai3�ta€3�ed by
Suhreci�ient pertaining to tEsis Conte•act„ except records made con�dcntial by 1aw, is subject to tl�e Tcxas Pub[ic
Infbrmation Act (Chapter 552 of t9�e Texas Government Cocte) a;�d musl provide citizens, pu�lic agencies, and
athc;� iEiterested �a��ties wit[3 reasonable access to a[1 records pertaining to this Conh•act si�bject to and in accorda��ce
with the Tcxas P�blic Inforn�ation Act.
Page 6 of 3 l
H. HOUSEHOLD ASSESSMENT. Sub3�ecipient must conduct a full Ilousehold assessment addressing all possible
allowable weatf�era r.atio� cneasures.
1. SUBCE�N`I'RACTS. 5ub��ecipient shall iaclude the substance of this Section 9 in a[1 subcontracts.
S�CTION I(l. R�POit'CTIVG It�QUIREMENTS
A. FiJNDiN('s TtT'PORT. By the 15th of each mo�sth, Sabrecipient shall e[ectronically submit to Beparhnent a
Pe��foE•�nancc Report lis#ing demographic information on al[ units compieted in #he p�•evious montli and an
�xpenditure 12eport listing all expenditures of fiinds under this Conts•act dur'sng the previous month. These reparts
are due even if Subrecipie«t has no new activity to report duri��g tE�e 3]1O11tIt. BOTtl rapoirts shall be submitted
electronically.
B, Ffl�IAL R�,PORTS. Subrecipient sE�all e[ecfronicntly suhmit to Departmec�t no later than forty-fiva {4S} ca[endar
days after the end of tlie Contract Term a final expenditure and program�nAtic repo�t utiiizing the Monthiy
Expe�idifu�•e Repnrt. Thc fai[ure of Subrecipient to provida a full accounting of all funds expended under this
Contract �nay result in iueiigibility co receir�e additional funds or additional contracts. Afler forry-five {45)
calendar days, any expenditu��es not reported to lhe Department wil[ result in funds being reallacated io LIHEAP
purpases.
C. TNVEN"I'ORY. Iu accordance witli FO TAC �i.�D7, Subrecip€ent shall suhmic to Deparhnent no [ate�� than
forty-five (�5) c�lendar days afier the enc[ of the Contract Term an inventocy of a[1 vehicles, tools, and equiPrc�ent
with a u;�it acquisition cast of $S,O�O.OD or more andlor a useful ]ife of more than one ye�r, if purchased in whole
or in pa�-t witli funds received under tE�is or pc�avious weatherization assistance program Contracfs. The inventory
shall reflect thc cools and ec��iipment on l�and as af the [ast day of the Coniract Ta��m.
D. DATABASE. Subreclpient shail update the PreviousEy Weatherized Units ciata[�ase no lateE� than fifteen (I5) days
after ihe end of each mc�nth of the cantract for units waatherized undee this Contract.
E. F-IOUSEHOLi� DATA. By the 15€h of aach nionfla, Subrecipient sha[1 eiect�•onically upload data on T�ouseholds
served in tk�e previous �nonth into the CA Performauce Measures Module located in the Comm��niry Affairs
Contract System.
F. O'�'H�R REFORTS. Subi•ecipient shall submit other reports, data, and information on the perfo3�mance of this
Contract as may be a•equired by DOE pursuant to Section 440,25 of the WAP Regulations, by i3. S. I3epartme�al of
Health and T�urr�an Services (HH5}, or by tE�e I7epaz•lxnent,
Cr. �E�AULT. If 5�brecipient fails to submit, within forty-five (45) calendar days of its due date, , any repart or
F•espo�se rec�uired by this Contract, incl�Eding responses to manitoring reparts, Deparrinent may, in its sole
discretion, deobligate, withf�old or sttspend any and al[ payments othe�•wise duc or �•equested by Subreci�ient
hereuncler and/a�• initia€e ���oceedings to tcrminate this Contract in accordance w9th Section 7 of this Coatract. If
Subreci��ient receives LiHEAT' WAP fiinds fram tlie Depai�tment over two or morc Contracts of subseque��t teims,
funds may be withheld oe• this Contract suspended or te�•minated by Sub�•ecipient's failure to submit a past due
repart or response (including a report of audit) from a pE�iar Contract Te�•n�.
EI. LlIVIOU� ENTITY IDENTIFIER NCJMB�.R, Subrecipieni shal] provide the 17epartnaent with a Data Llniversa[
NucnbeE�ing Systeen (DiTNS) number and a Ce�tral Contractor Registration (CCR) System r�umber to be useci as tf�e
T]nic�ue Entity Identifie�� l�u;nber on all conh�acts and agreements. Tl�e DUNS numbeE� must be provided in a
docutnent from �un and Bradst�-eet and the cur��ent CCR numbcr mast be subn�itted fi•om a documec�t retE�ieved
fi•oin the https://www.sam.gov wehsite. Tliese documents must be provided to the 17epartrr€ent prio3• to thc
praccssing farst payment to Subrecipie�at. Subrecipient sha[1 maintai�i a cuE•►•ent DLTNS nuntbeE• and CCR nu�nher
for ihe entire Contract Term.
SCCTION l l. CHANGFS A1VD AM�IYDM�NTS
A. AMI�NDNLEI�ITS AIdD CHANGES R�,OLTIRED BY LAW. Any change, �dditioE� or deletion to the terms af this
Co«tract required hy a chae3ge in fcdarat or state law or regu[atio�� is 2utomatically incorporated he;•ein aiid 'as
effective on fhe date desigs�ated by such law or �•egulation wiihout the rcq�irement of a wriifen amendment hereto.
Said cE�anges, additians, or dele€ions referenced under this Subsact'so�i A of Section 11 may be furtk�e�• evide��ced in
a �v��itten amendment.
Pagc 7 of 31
ir3. CrrNERAL. Except as specifically provided otkterwise in this Conh•act, any chailges, additions, oe• de[etio«5 to tE3e
terms of this Cont�•act not required by a chauge i�a state or federal law or regu[ation sha]( be in w3•iting and executed
by both Paaties to this Contract.
C, I'ACSIMILE SIGNATUILES. if any Party retuins an executed copy by facsiE��ile machine or elecironic
transmissian, the signing garty intends the copy of its authorized signature p�•inted by the receiving machine or che
electronic #ransmissiot�, to be its nriginal sig;�ature.
T}. REQUEST. Writtac� requests far Co«tract amendment must be received by fhe Depa3•tmerat by no later than
forty-five (45) days p�•ior to tk�e end of Yhe Contract Term.
S�CTION 12. PROGRAM INCOM�
Subrecipient shall account for and expend p�•ogram income de3�ived fron� activities fnanced in wl�ole or in part witi�
Funds p�•ovideci u3�der this Contract in accordance with the state Uniform Grant Managerr�ent Standards, more
speciftcally Chapter ITi, "State Ll��iform Administrative I2equirentents FoE• Gran#s aad Cooperative AgreeE��ents",
Subpat•t C- F'ost-Award Requirements--Pinancial Adm€t�istration, §_.25, Program Incon�e.
SEC'iION 13. 1�17�P�ND�NT SU13R�CIPIENT
Subrecipient is an independent contractor,
SEC'i'TOIV 1�1. PROCIJR�M�NT S'1'AIYIlARDS
A. Subreci�ient shall comply with UGMS, 10 TAC §1.404, and atl sspplicable federal, state, and loca[ laws,
regulatians, and ordinaaces for making procurement iransactions and purcl�ases �ncier this Contract. If leveraging
DOE fuuds, Subrecipient sl�all alsa comply with 90 CFR �600.236(b-i).
B, 5ubrecipient may not use funds provided under this Cont3•act to purci�ase equipment (as defined by UGMS) with a
unit acquisitio❑ cost (the net invoice uniE price of an item of equipment) of more than $5,000,00 or on any vehicle
purchase un[ess Subrecipient E�as received the p�•ior written approva[ from the Department for such pwrohase.
C. Upon the termination of tl�is Contract or non-eenewal of the funds hereunder, �7epartFnent 3nay fra��sfez• title to any
sucli property or equipment havin� a useful life of one yea�• or ino�•e oz• a unit acquisition cost (fhe net invoice unit
price of an iiem of equipment) of $5,000.00 or n�ore to i#self or to any other e��tity E�eceiving Departmenl funding.
S�CTiON I5. SUBCON'1'RACTS
A. Subrecipient may nat subcont�•act or subgrant the p3•imaiy pes•formance of this Cont��act, incl�divg but not lic��ited #o
expec3ditua�e and performance reparting and drawing fu«ds tE�rough ti�e CommiEnity Affairs Contract System, and
only inay enter into praper{y procured subcontractual agreements iar consulting and aiheE• ��•ofessional services, i#'
S�6recipient has received Bepartment`s p3•ioa• writ[en approvat. Subrecipient may subconh•act for the delive�y of
client assista3�ce withc�ut obtaining Depai�ta3ent's prioa• approval. Any s�bco��tract fnr the delivery of client
assistance will bc sabject to monitoring by the Aepa�-tment as pe�• Section 19 of ti�is Coniract. Subrecipient shall
inspect all subconh�actors' work and shall he ��esponsible €ar ensuring that it is conipletecl in a good and
workma�3like manner. Subrecipient shall rr�alce no payment to suhcontractor until aEl work is comple#e and E�1s
passed a fina[ inspection.
}3. In no event shall any provision af this Section 15, specifically the rec{uirement that Subrecipient obtain
F]epa��imcnt's p3•ior writte❑ approval of a subcof�£racto3•, be consirued �s relieving Suhrecipie��€ of the responsihitity
for e��suring tl�at tl�e performances rendeG•ed under all suhcontracts are rendered so as ta coinply with a[1 of the
terms ol' tE�is Conh�act, as if suc1� performances rendered were rendered by Subrecipient. Bepai�tment's approval
under th€s section does noi constifute adnption, rati#�cation, or acceptauce of Sub�•ecipient's or subconfractor's
perfor�nae�ce he3�eunder. Degartment mai;itai��s tE�e right co monitar and �•equi►•e Subrecipieni's t'uEl conapliance with
the ierms af this Contract. Department's approva[ under this Sactian IS does not waive any right of actioe3 wliich
may exist or wEaich tnay subsequently accrue to DepaE•iment under tt�is Cont��act.
C. Every initial assess�nent, every priority list measure, cvery approvect State oF Texas Energy Audit, and every final
i�ispection is the sole responsibility of the 3ubrecipient. Suhrecipient may request in writing that tk�e Departcnent
pea•mit the Subrecipicnt to subcontract the performance of assessments, auciits and fi��al inspectioi�s. The
Departn�ent �vill review each request separate[y to detaeenine whether the request will be gi•anted.
Yage S of 31
SECTION lU. 1VIA1V.I.GEM�NT OP' EQUiPiVf�NT AND INVEN7'OXt'Y
A. S�bf•ecipient acknowledges that any vehic[es, fovls, and equipnient with a unit acquisitian cost of $S,00a.00 o�
n�oc•e and a useful life oF �nore than o»e year, if pi�rchased in who[e or in part wiYh fimds received under this or
previous weati�erication assistance program Contracts, are not assets of cither tha Su6;•ecipient or the Depar�mec�t
b�t are held in t��usi for the Weatlieriiation Assistance T'►�og�•an� and as such are assets of the Weatherization
Assistance I'►�ogra3n.
B. Subrecipient s(�all davelop and implement a property n�anagemartt system, wh€ch coinplies with 10 TAC §1.407.
Subrecipient shall not use, transfer, or dispose o1' any progerty acquired in whole or in part wiih fimds provided
under this or a p��evious wea€herization assistanea progran� Contract except in accordance wit[� its own prope�•ty
management system.
C. FJpon termination of tl�is Contract or noii-renewal af the funds hereundez•, the I�epartment may E•ec�uire tra��sfer of
the title of equipn�ent to a third parry nained by tl�e I�epart�nent, Such a h•ac�sfee• shall be subject to the Following
siandards:
(1) The equipmet�t shall be approp�'iately idettti�ed in tlte award or otE�erwise n�adc known to the recipient in
writing.
(2) The Departn�eut will issuc dispasition i3�stE�€actions atter receipt of fina[ inventory.
D. S�breci�ient st�all establish adequate safegi�a3•ds to pravent loss, dainage, 03• theft of property acquired E�ere�«der
and shall proniptiy repoe2 to Depai4ment a��y loss, damage, or theft of property with an acyuisition cost of Pive
Tl�ousand and No/100 I3ollars {$5,000.00) o�• mare.
E, In addition to the inventory of tools and equipment requie�ed under Sectioi� IOC, Sub3•ecipient shall takc a p[�ysical
inve3�tary of all WAP n�aterials and shall :'econcile the resulfs �vith its property records at feast o�ice every year.
Any differences between quantitics determined by #he i��ve�itoiy and thase showii in Yhe properry reco��ds shat] be
iErvesfigated by 3uhrecipient to determine the cause of the difference.
SECfIO1V 17. BONi7iNG AND IN5i1I2ANCE R�Q[1IR�M�N'TS
A. PAYMENT AI�D PERI^ORMANCE BOND RE UIREMENTS. If Sub��eci�ient wilf ente�• in to a contract fo3•
wea€herization accivities with a third-party in the amo�nt of $25,000.00 or greater, Subrecipient must execute rvith
the contractor a payntes�t bond ia the iu[1 amottnt of the contract. Tf the SubreciPient enters into a co«tract with a
pE•ime cantractor ir� excess of $[00,000,00, a peE�forE��auce hond in the fuli ainou��t of the contract is aiso required.
These ho:�ds must be executed by a corporate surety authoe•izec3 to do husiness in Texas, a list of which �nay be
o6taiE�ed fram the State Insurance Depaitment. Such assu��ancas of complecion will run to the I3epartment as
obligee and must be documented prior to the start of weatherization activifies. TE�is bonding requi€ement app[ies as
set forth in 10 'T'AC § 1.405 and ta the extent required by federal o�• state l�w.
B. INSURANCE ItE UIREMENTS, Subrecipient st�all maintai�� adequate parsonal injury and property dama�e
liability insu;•ance. Se3breaipieut is encoe�raged to obtain pollution occurrence ins�rence in additioc� to the generai
liahility insurance. Gene�•ally, reguiar ]iabilify insurancc policies do not provide coverage Cor potential effects of
many health and safaty �neasures, such as leaci disturbances and othee� pollution occurrence items. Subrecipient
should review existing palicies to detern�ine if lead contamination is covered. if it is not, 5ubreci�ient should
consider securing adequate coverage for all consfruction projects. Additional liability insurance costs may be paid
fi•om adminish•alive funds. The Depa��hnent strongly recomn�ends tl�e Subrecipient require their contracto�s to carry
pallufion occurrence insurance to avoid being liable for any mistakes the contraciors �nay make. Each agency
should get a legal opinion E•egarding the hest course to take foc imp[ementing tf�e pollufion occurre€�ce insurance
coverage.
S�CTION 18. LITIGATION AND CLAIMS
Suba�ecipient shall give Department immediate written notice of any clain� or action �led witE� a coart or administrative
agency against Subreci��ient and arising out of tE�e performance of this Cnntract or any subcontract hereunder.
Suhrecipient sE3all furnish fo Department copies of all pertinent papers received by Subrecipieni wifh res�ect to such
action or claim.
Page 9 of 31
S�CTION 19. TECHNiCAL ASSISTANC� AIVI) MONITORI�'�
A. Department may issue technical gi�idance to exp[ain the rules and providc directions on the te��ns o� this Contract.
Installafion of weatheriza#ion cnaterials sf�all be in aecardance with the Material �nsiallation Standards Manua[.
F3. Depacrtment or its designee may conduct on and off-site n�onito��ing and evaluation of Subrecipient's co�npliance
witia thc terrns of this Contract. Departa�enYs mo��itoring may include a review of the efiiciency, economy, and
eificacy of 5sabe�ecipient's performance. Department will notify Si�brecipie��t in writing of any deficiencies aoted
duri��g such monitoring, Beparhnent may provide €raining and technical assistance to Subrecipient in correcting the
deficicncies noted. Departn�ent may requiz�e carrective ac[ion #a remedy deficie��cies noted in Subrecipie�t's
acco«nting, personnel, procurement, and a�anagenicnt p�-ocedures and systems in ordeE� to coinply with 5tatc or
Federa[ requiren�ents. Department may conduct fo[low-up visits to review the previously noted defciencies and to
assess tE�e Su(�recipient's etforts made ta correct them. Repeated deficiencies �nay result in disallowed costs.
Depai�tenent may ier��inace or suspend ihis Contract or invo[ce othe�- ramedies Depa�•tmant determines to be
apprapriate i�z the e�ec�t cno��itoring reveais mate�•ia{ deiiciencies i�� Subrecipient's perfarmance, or Subrecipient
fails to correct any defciency witliin a c•easonaFile perind of tin�e, as dete�•inined by the Department. Department o;•
its designec may conduct an ongoing program evaluation ihrougE�oat the Conh•act Term,
S�CTIdN 20. E.�GAL AT�'CFIORITY
A. LEGAL AUTHORtTY. Subrecipient assures and guarantees that it possesses the legal autho�•ity to enter into tE�is
Contract, to receive and manage the fimds autho��ized by this Cont��act, and to �e�•fa�•m the seivices Subrecipient E�as
ob[igated itself to perforn� hez•e€�r�de3•. 'ff�e execution, delivery, and performance of this Contract wil[ not vioEate
5ubrecipient's cof�stitutive docume��€s or any requirement to which S�brecipient is subject and represents the iegal,
valid, and binding agreement of Subrecipient, enforceable in accordance with i#s terms.
B. �IGNATLTR� AUTHORiTY. The person signing tf�is Conh�act on heha[f of Suhrecipient hereby warrants that
halshe k�as been authorized by Sub��ecipienYs gaverniag boas•d ta execute this Contract on bei�alf of Subrecipient
and to validly and legally bind Subrecipient to all terEns, provisions and performances heG•ein.
C. T�RM1NATiON; LtABILITX. �epartment sl�all have tlie rigl�t to suspend or terinin�te this Coi�cract if fhere is a
dispuie as to tl�e lega[ authority of either 5ubrecipieni oa� the person signing tliis Contract on behalf of SubE�ecipient,
to enter into this Contract or co render performarices hereunder. 5ubrecipient is liable to FJepart�nent for any moi�ey
it has received fron� Departme��t for performance of the provisions of fhis Conh•act, if tl�e Bepartment hgs
ter;ninated tE�is Contract foE• E•easons enur€�era€ed in this Saction 20.
D. IVIERGER: DEEAIJLT. Subrecipient understands that it is an event of default under this Contrsct if the
Subrccipient Gquidates, te3•n�inates, c[issolves, me�•ges, consalidltes or fails to maintain good standing in the State
of Texas, and such is not cured prior to causing n�ate:•ia[ har�n to Subrecipient's ability to perfoin� under the terms
of ti�is Coe�tract.
SECTION 21. COMFLIANCE WITH LAWS
A. PEDERAL, STAT�; AND LOCAL T,A,W, Subeecipient shall comp[y wiih the T�IHEAP Act, the WAP Act, the
WAP Regulations, fhe LIHEAP Regu[ations, any applicable Officc of IVlanagement and Bf3dgcf ("OIV1B")
Circulars, the �'exas T70� WAP State Plan, LIH�AP State Plan, the State Act, the State Ru[es, the cei�tifications
attached, and a[1 federal, scate, and loca[ laws and regu[ations app[icab[e to the performance of this Conh•act.
Subrecipient sl�al[ not violata any federal, state, or local laws, sta€ed herein o�• ot4�erwise, no�• commit any illegnl
activity in the perfo3�m�nce of or associated with the per€ormance of this Conf�•1ct. No funds under this Conh•act
shall be used for any illegal activity or activity tE�at violates any fedea•al, state oe locai laws.
B, DRLJG-FEZE;� WORKPLAC� ACT O�' [988. The Sub��ecipient affirms by signing this Conteact and the
"Ce��tification Regarding Drug-Free Workplace [tegui��ements" attached hereto as Addendum B that it is
icnplementing the Brug-Free Workplace Act of 1988 (41 U.S.C. §'701, e1 seq) and �iUD's 'smplement'sng regulations
includin�, wit[�ou€ limitation, 2 GFR Pa�ts 182 and 2429.
Fage l0 af 3 L
C. LTMIT�,D EAIGLISI� PROFTCTENC'Y "LEP" , Sabreci�ient must provide program applications, farms, and
educational ma#eriaEs i�� E��glish, 5panisi�, and any a�prop�-iate language, based on the needs of tl�e Service Area
and in compliance w9th the requirements in Executive Ordez• {3i66 of August 11, 20�0 of August 11, 200�, To
ensure comp[iance, the Subrecipient must take reasonab[e steps to insure th�t persons with LEP havc meaningful
access #o the program. Meauingful access may entail providing lac�guage assistance services, i��cludi3�g oral and
w;•itten h�anslation, w(�ere necessa�y.
D, iNFORMATIpi�I SECLTRITY ANL7 PRIVACY ILE UII2EMEl�ITS. 5ubrecipient shall camply with thc
inforn�atian security and prevacy requireanents under 10 TAC § 1.24 to ensure the security and privacy of Protected
Infarination (as said term is de�ned under 10 TAC §I.24).
E. 1'T2EVFNTiQN OF TRA�FICKII�G. Sub�•ecipicnt and its contractors must comply with Section 106(g} of the
T€•afficking Victims Protectinn Act of 2000, as an�ended (22 U.S.C. §7I04 et seq.). Tf Subrecipie��t o�• its
con€ractor or subco�itractor engages in, ar uses labar ;�eciuiters, brokers or other agents who engagc in any of thc
prohibited activities under Seciiott IOt(g) of the Traf�cking Victims Protection �1ct of 200D, Depar[ment may
terminate this Contract and Suhrecipient i�ereby agrees and acknowEedges that upon termination, Subrecipient 's
rights to a�ry funds sha31 be terminated.
S�C'['IDN 22. PREV�;I�I7'IO1tT OT I'RATJD AIVD ABUSE
A. Subrccipient shall establish, n�aintain, and utilize iniemal conh�o] systems and procedures suf�icienl to p�•event,
detecY, and correct incidents of waste, fi•aud, and abuse in the WAP and to pE•ovide for the p�•oper and effective
management of all progra�n and fiscal activities fu��ded by thas Con€ract. Subrecipient's internal con[rol systems and
al] t�•ausactions and other significant events must be clearly documented and the docun�eniation made �•eadily
avai lable for review by Departa�ent.
B, Subrecipient sha[1 give Depart�nent complete accass to all of its reco��ds, employces, and agents for the purpose af
monitoric�g or 9nvestigating the WAP. 5u6recipient shall fully coaperate with Depart�nent's efforts to detec€,
investigate, and prevent waste, fi•aud, and abuse, Subrecipient shall immediately notify the Department of any
iden€ified i�sta;�ces of waste, fraud, or abusa.
C, Subrecipient may not discriminate against any em�loyce or otE�er pe�•soii who reporis a violation af the tern�s oi this
Caniract or of auy law or regulation to ➢epa��hne��t or to any apgrop�•iate law enforcen�ent autt�ority, if the repart is
made i�� good faith,
SECTION 23. CEI2TiP'ICA'1'ION R�GARDIPIG TJt�TAOCUM�NT�D Wf3RICE12S
Pttrsuant to Chagter 2264 of the Texas C�overnme3�t Code, by execution of tl�is Conh•act, 5uhrecipient hereby certi�es
that 5ubrecipientlLacal Operator, or a branch, d'€vision, oE� depac�tme«f of Subrecipient does not and will not [cnowi��gly
employ an undocumented warkcr, where "undocuenented worker" me�ns an individual wha, at the ti�ne of employment,
is not lawfully admitted for pe��manent residence ta €he United 3tates or autE3o��ized under law to be empioyed in that
n�anner in the United Statas. If, after receiving a public s�bsidy, Subrecipien#, or a branch, division, o�• dcparm�ent of
Subrecipie€�t is convicted of a violation uF�c3er 8 U.S.C. §7324a(fl, Subrecipient shall repay the public subsidy wifh
interest, at fl ra#e of fve percent (5%} per annum, not [ater tltatt fhe I20th day af�er thc date the Depa��tmeat notifies
Subrecipiant of tf�e violatioE�.
SEC'iIO1V 24. COIVFLIC'I' OF INTERESTIN�1'Oi'TSM
A. Subreci�icnt shall maint�i�i written st�ndards of co�iduct governing the pe��formance of its employees engaged in
the award and administ►•a€ion of cont3•acts.
B. No eenployee, afficer, or agent af Subrecipient sha[1 participace in the selec[ian, award, or administratian of a
conlract sugported by federal funds if a real or apparent conflict of intarast would be involved. Such a conflict
would as•ise when the employee, affcer, or agent, any meniber of f3is or her in�mediate family, his or I�er partner, or
an organization which employs ot' is about ta emplay any of the parties indicated herein, has a financial or other
interest in the �rm selected for an award.
G. '1'E3e officers, employecs, a��ci agents of the Subrecipieat shall nei€her solicit nor accept �ratuities, favors, or
at�ything of ittonetary valae irom contractors, or parties to subagreements. 5�brecipient may set standards for
situations in which the financial i�iterest 9s not substantial ar tE�e giR is an unsolicited item of noniinal value. The
sta�aciards of conduct sha41 provide foe disciPliaary actio��s ta he appGed for violations of such sta«dards by officers,
e�nployees, or age�rts of the Subrecipient.
Page 1 l of 3l
D. Sttb3�ecipient shall, in addition to the requireme��ts of tk�is Seccion 24, fol[ow the 3�equircments of CE�apter 17I af the
I.ocal Gnvernment Code regardic�g conflicts of interest of officers of mu��icipalities, counties, and certain ot(iec�
local gavere�ments.
E. Failure to maintain wriften standards of conduct and to follow and enforce the w��itten standards is a condition of
default under this Cont��act and anay a•esult in te�-mination of this ContracE or deab[igation of fiinds.
SECT101Y 2S. P�i,I'FICAL ACTIVITY AND L�GISLATIVE i1VRLLTGNC� PROHIBIT�1]
A, i�Ione of the ftmds provided undee this Contraci shall be used for influencing the autcoine of a��y election, or the
passage or defeat of any lcgisiative measi�re. "Ihis prohibition sha[1 �oc be construed to prevent any state official ar
employee from fue�isE�i3�g io any member of its governi��g body u��on requesT, or to any other loca[ or state official
or employee o�• ta any citizen informatio� in the fsands of the en�ployee or official not considered uncte€• l�w to ba
confidential iitlbrmation.
B. No funds provided under tk�is Co��tract may be used directly or indirectly to hiz•e employees ar in any other way
fu�id or suppoi�t caudidates %r tl�e legislative, executive, or judicial 6�•a�iches of govermuent of Subrecip'sent, #he
State of Texas, or fhe govenune��t o€the United States.
C. None of the funds provided under ihis Contract sha{1 be used to pay aay person or organization foF• influencing or
attetnp#i�tg to in#Iuance an officcr or emploqee of any agency, a naentber of Cangress, officer or e3np[oyee of
Congress, or an e�ngloyee of a member of CoE�gt•ess in connection with obtaining any Federai conri�aci, grant or any
other award gaverned by the Byrd Anti-I.,obbying Amee�dcnent (31 U.S.C. �1352) as the I7eve(op�nent Owner and
each af its tiers havc certifecf by their executinn of the "Ce��tifcatio�s Regard'€��g I,obbying for Cantracts, Grants,
Loans, and Cooperative Agreements" atEached hec�ato as Addendum A and incorporaced herein for all relevaut
purpases.
S�CTION 2G. NO�T-DISCI2�MINATIOIV, �QUAL ACCESS AND EQUAL OPPORTUNI'FY
A, NON-DISCRIMI�TATIbN. A person shall nnt he excluded fi•om pai�ticipatioc� in, be denied the benefiis of, be
subjected to discrimination i�ndef•, or be clenied employment in the adn�inis#ration of ar i�i co��nection with any
program or activity funded ia whole ar in pa=�t witE� funds made available u�der ti�is Contract, on the grounds of
race, coloG•, religio�, sex, nationa! origin, age, disability, politiea[ afiiiiation oE• belie£
B. �,E?UA�, QPi'ORTiTNITY. Subrecipaent agrees to earry out an Equal �mployment Opport€�nity P�•ogram in keeping
with #hc principles as provided in PresidenYs Execu#ive Drder 112�16 of Septembea• 24, 19GS, as amended, and its
implementing regulations at 43 CFR Pa��t 6D.
C. RE,ASOiVABLE ACCOIviODA`l"IONS. Subrecipients shall operate eac[� prograin o3• acfivity receiving financi�l
assistance so that tlie prog�•am or acti�ity, when vicwed in its eE�tirety, is readily accessib[e and usable by
individua[s with disabilitics. Subrecipients are alsa required ta �rovide reasonab[e accommoda#ions for persons
with disabilifies.
D. ACCESST�3ILITX. Subrecipient must meet t€3e standards under (i) Section 504 of tl�e Rel�ahi[itation Act of 1973
{5 U.S.C. §794) Tities II and III of the Americans with Disabilities Act (�2U.S.C. §§I2131-12189; 47 U.S.C. §
§155, 2d1, 2I8 and 255) as ic��pleinented by U. S. Bepartment of 7ustice at 2$ CFR Paa•ts 35 aad 36.
ii. SUBCONTRACTS. Sabrecipient wi[1 include the suhstance of this Sectioa 26 in a31 subcontracts.
S�C"1'ION 27. 'I'I2AINII�G AN17'I'�CHiVICAI� ASSISTANCE TCiIYAS
A, Training and technical assistance funds shall be used for State spo��sored LII�AP t��aining, federal sponsored
LIHEAP training, and ocher relevant workshops and confe�-ences grovided #he agenda includes tapics directly
related to ndministering WAP. �or fraining and tecku�ical assistance ather trt�an Siate or LIHEAP sponsored,
5ubrecipient must receive prior w��itten apprc�val from the Depa��Yment.
B. 'rravel funds are to be used only for Depa��€�nent-approved traini��g events. Subrecipient shall adhere to cithcr its
board-appraved travel policy (not to exceed the ainnunts established in subchaptee• I of Chapter 57 of Tit[e 5,
Unitec4 States Code "�'a�ave[ and Subsistence Expenses; Mileage Al[owances), or in the aE�sence o£ sueh a policy,
the 5tate of Texas travel po[icies under 10 TAC §1.40$. Subrecipient's written ri•avel policy shall dclineatc thc
rates whic[� Subrecipient shal3 use in computing the travel and per diem expenses of its board memhers and
etttployecs,
Page 12 of 31
SGCTIOIY 28. D�BARR�D AiVD SCISP�IVD�D 1'ARTI�S
By signing ti�is Contract, 5ubrecipient certifies Yhat none of its principal emgloyees, board membcrs, agents, or
contractors are presently dei�arred, suspended, proposed for deharment, declared ineligihle, or voluE3tarily excli�c€ed by
any federal deparfinent or agency as provided in the Certification Regarding �ebarn�ent, Suspee�sioe� and Oiher
Responsihiiily Ivlatters aitachcd hereto as Addenclum D and incorporated hercia for a[1 reEevant purposes. The tcrms
"coveE•ed tC&T1S3Ct103]", "debarred", "suspe�ded", "EE3G�1gi�iC"� ���DWOT �lBl' COVCte(� tra��saction", "EJaI'LLC1j3aRi"� °fperson",
"primary covered transaction", "grincipal", "proposal", and "voluntarily excluded", as used in tl�e certificatian attached
as Ac[dendu�n D, have the meaning set out in thc Def��itio3�s and Coverage sectio��s af' rules implementiag Executive
Order 12549. Subrecipient also certifies that it will not knawingly award any funds providec3 by this Contract to a�iy
peE�son who is propased for ctebarme�t ue�der 48 CFR 1'art 9, Sub�art 9.4 or that is debarred, suspended, or ottterwise
excludect from or ine[igible for patticipatinn in federal assistance p��ograms under �.xecutive Ordea• 12549. Subrecipient
a�sees that prior Eo entering i€�to any agree�nent with a potential sabcontractor that the verificatio€� process to comply
with tt�is requi�•ement wi11 be accomplished by checking the System for Award Manage�nent ("BAtvi") at tivw�v.sant,gov
and including a copy of the res�lts in its project �les. Subrecipient may decide the fi•equency 6y which it detarmines the
eligibility of its subcontractors exce�t that Subrecipient must vee�ify ai the start of a new contract ar with tE�e award of
additiona[ fiinding. Subrecipie3�t inay �-ely upon a ceetifcation of a prospective subconh•actc�r that is not prapased For
debarment undez• 48 CFR Part 9, Suhpart 9.4, de6arred, suspended, ineligible, or voluntarily excluded from the covered
transac€ion, u�iless 5ubrecipienf knows that the certifcaiian is e�•c•oneous. Fai[ure of 5ubrecipient to furnish the
certi�catio�� attached hereto as Addes�duni D or an explanation of wliy it cannot p�-ovide said certificatic�n sha[1
disqualify Subrecapient €ram ��a��#icipation iEnder this Conh•act. The cee�tification or explanation wilt be considered in
connection wifh tlie Department's cietermination whether to continue witi� this Contract, Sub�•ecipieni shall pror�ide
immediate w�•itten noticc to I7eparhnent if at any time Subrecipient lcarns that the certification was erroneous when
submitted or lias hecome erroneous hy reason of chai�ged circumstances. 5ubreci��ient fuF�ther agrees by executing tE�is
Contract that if will i�3clude the certi�catio�i provision titled "Certifcation Ragarding Debarment, SuspeE�sion,
Ineligibility a3�d Volunta3•y Exclusive-Suhcoatracts," as set out in Adde��ducn D, without modification, and this tanguage
undeE• this Sectinn 28, in a31 its su�contracts.
SECCTQIV 29. NO WAIV�12
Any right ar remedy given to I]epartment by fhis Contract shall e3ot preclude the existence of any other right or remedy,
no�• shsll any action taken in the exercise of any right or remecly be decmed a waiver of any other rigE�t or remedy. The
failu��e of ]7eparhne�it ta exercise any right or remedy on any occasion sE�alt not constitate a waiver of Departrrient's
right to exercise tk�at or any atheE� right or remedy at a later timc.
SECTl01�' 30. ORAL AN➢ WRX"CT�N AGRE�iVIENTS
A. All oral and written ag�•eements betwec�i the Parties relating to the subject matier af this Conixact have been
reduced to writing and are contained in this Contract.
B. The attachments enumea•ated and denominated below arc a gart o€ this Contract and consti[ute promised
pei•forn�ances uade►• il�is Coniraet:
(1) Addendun3 A- Certi�cation Regarding Lobhying fm• Contracts, Grants, Loans, and Cooperacive Agree3nents
(2} Addendu�n B- Certification Regarding De�ug-Free Workplace ltequiremants
(3) Addendum C- Ceitification 12egard'ang Environenental Tobacco S�noke
(4) Adde��dum D- Certification Ttegarding Debarmee�t, Suspensian and Othef• Responsibility Matters
(5) Ac€denduni E- f'RWORA Reguireme��ts
(G) �,xhibit A- Budget and Performance Staten�ent
(7) �ahibit B- L11�EAP Priority List
S�CTI OPI 3I. 5EV �RABIi.iTX
If any portion of tliis Contract is E�eld to be invalid by an adrninis#rative tribuna[ 03• a cou��t of competent jurisdietion, the
remaiader of it shall remain va4id and binding.
S�CTTOIV 32. HISTORICAT, PR�S�RVATION
Prior to the expendih�re of I'ederal funds to alter any structura or site, the Subrecipient is reqaired to comply with the
requirements of Seoiion I06 of the National Historic P3•eservatio�� Act (16 U.S.C. §4'lU) (NHPt1}. The Depar€ment has
��•ovided guidance through the hest practice document posted on the Aepartment's website at
htt�/1ww4�r tdhca state �.uslcommunitv-affairs/wap/dacs/WAP-BP-�Iistoricl'resFlowcE�art.pdP.
Page l3 of 3 l
Sk C'I'TpN 33. FJSE OF ALCONOLIC S�VEI2AG�S
Funds provided undcr tf3is Contract may not be r�sed for the paymcnt of sa[aries to any Subrecipient's emp[oyees wha
use alcoholic beverages wl�ile on active duty, far travel expenses expended far alcohotic beve3•ages, oa• for the purcl�ase
of alcoholic beve3•ages.
S�CT'ION 34, TAI7'� BAS�B AND S�CTARiAI� ACTIVITY
Funds pc�ovided under this Contract may not be used fo�� sectarian or explicitly religious activities sucE� as worship,
religious instructio�� or p��oselytization, and must be fo�� the bene�t of perso«s regardless of re[igious affiGation. If
Subrecipie�t canducts such acfivities, the activities must be of%red separately, i�� time or location, fi�om tha pragrams or
services funded wifh direct fnancial assistance fi•om Depart�nent, and participation must be voluntary fbr bene�ciaries
af the prag�•ams or services funded with sucli assistance. SuE�reci�ient shall compiy with tkte a•egulations proniuigatcd by
tf�e CJ. S. Departa�e�3t of Flea[th and Human 5ervices ("HH5") at 45 C�R $87.2.
S�CTION 35. APP�ALS P120C�SS
In compliance with tl�e WAP Act, Subrecip€ent niust provide an opportunity far a fair adcninistrative hearing to
individuals whase application for assista�ica is denied, termiaated or not acted upon in a timeiy a�anner, accoa•ding to [D
TAC §fi.$.
SECT�ON 3G. SP�CiAL CONDT'1'XONS
Subrecipient sha[l accept applications fo3• WAP benefts at sites that are geoge�aphically accessibla to a[1 I-�c�useholds in
the Service Area, Sub3•ecipient shal] provide �[derly Pea•sons a3�d Persons with Bisa6ilities wlio cacu�ot independently
travel fo the application site the n�eans to submit applications for WAP benefits without leaving their residcnce or by
securing transportation for them to tlae sites that accep[ s�ch applications.
SECTiON 37. P'[3RC� MANR�
An equitable adjustn�ent will be made for delay or failure to �erform hereunder if:
A. E1ny ofthe following events occurs;
(1} Catastro�E�ic weather condifions ar other extraordinary e[ements of nature or acts of God;
(2) Acts of war (declared or undec{ared);
(3) Acts of terrorisn�, ins���rection, riots, civil disorders, rebellion or sabotage; or
(4) Qunrantines, emba��goes and other si�nilar unusual actions of federal, provincial, 1oca103• foreign Governmenta[
Authorities; aF�d
B. Tha non-parfor�ning party is withaut fautt ic� causing or fai€ing to prevent the occun•ence of such cvent, and such
occurrence cauld not have been circumvented by reasonable precautions and could not have heen p�•evented o�•
circumveiited thro€�gh the use of coinmercially reasonable a[ternative sonrces, workaround plans or other means.
S�CTIOiV 38. AL7'1.IiNATIVE llISPUT� RESOI,YT'I'IOiV
In acco3�dance with Sectio�i 230G.082 of the State Act, it is the Deparrinent's palicy to encou��age the use of appropriate
alternative dispute resolution procedures ("ADR") under the C�overnmental I7ispute Resolutian Ac# and the Negotiatcd
Ru[emaking Act (Cliapters 2�09 and 2006 e•espectiveiy, Texas Govea•nment Code), to assisc in tl�e fair and ex�ediiious
resolution of interna] and extere3al disputes involving the Aepa3-tment and tE�e use of negotiated rulemaking procedures
for tlie adoption af Department rules. As descrihed in Cl�apter 154, Ci�il Practices and Remedies Code, ADR
procedures include mediation. Except as prohihited by Depa�tinent's ex �a��te corrm�unications po[icy, Depa��tnlent
encaurages infarmal communications between Deparhnent staff and tE�e Subrecipient, ta excl�ange iuforinacion and
informaily resolve disputes. I7epartraent a[sa has administrative a�paals p;•ocesses tn fair[y and expeditiously resolve
disputes. If at any time the Subrecipient would like to engage Department in an ADR procedure, the Subrecipiec�t a�ay
send a proposal to Degai�neut's Dispute itesolution Coordinator. Por additiona] information o�i Depaz•tment's ADR
policy, see Depac�tment's Alternative I7ispute Resa[ution and Negotiated Rulema3cing xt 1D TAC §1.17.
S�CTI�1�T 39. 'TIMI; IS OI' THF' �SSENCE
Time is of tl�e esses�ce wiih res�ect to Subrecipient's compliance wiih a[1 covenants, a�reements, terms and couditions a€
this Cant�•act.
�'age 14 af 31
S�C'TION d0. COUNTERPAR.`I'S AND FACSIMILIE SiGNATUIi�S
This Contract may be executed i� o�e or �nore counte�parts eactz of whicEi slaal[ ba deemed an origin�l but all of which
together st�al[ constitute one and the samc i�isirument. Signed sig�ature pa�es may be transmitted by facsimile or othee•
elech�onio €ransmission, ac�c3 any such segnature shall have the sa�ne le�al effeet as an original.
SFC'TiON 41. NUMB�12, G�ND�R
Unless the context requires otherwise, the words of tk�e enasculine gender shall inclttde thc feminine, and sing;�lar ��ords
shall include #he plurat.
SECTION 42. ASSIGiVMFNT
This Ca�itract is made by T?epartme��t to Subreaipient only. Accordingly, et is f�ot assignable without the written conseni
and agreement of Depac•tn�ant, wliich consent may be witE�i�eld in i�epa�•tmeRt's sale discretion.
S�CTION �t3. NOTIC�
A. If a noticc is provided concernit�g tltis Canh•act, nofice may be given �t tE�e following (herei�� refe�-�-ed fo as "Notice
Add��ess"):
As to Department:
T�XAS DEPAItTMEt�IT pF HOUSING AND COMMUNITY AFFAIItS
P. 0. Box 13941
Austin, Texas 787I1-3941
Attention: Mict�ael De Young, Director of Communiiy Affairs
Te9ephone: (512) 475-2125
Fax: (512) 475-3935 ,
�nicl�ae[.cEeyoung a tdhca.sta#a.tx.us
As to Sub�•ecipien#:
City ofPo�t Worth
200 Texas Street Annex, 3rd Flaor
Fort Worth, TX 7610263 � 2
Attention: Fernando Costa, Assistant Cicy Manager
Telephone: (817) 392-6122 Pax: (�17) 392-6134 T;mail: fe�•nando.costa r�foi�twarthtexas.gov
B. All notices or atlier com3nunications he��eunder shaEl be deemed given wlien cielivered, mailed by overnight service,
or five days after maili�g hy certi�ed or registered mail, pos#age prcpaid, reLurn ��eceipt requested, addressed to tf�e
appropriate Notice Address as defined in the above Su(�sectian A of this Section 43.
C. Subrecipient shall providc contact information to the Department i;� accordance witk� 1D'1'AC §i.22 a€�d 10 TAC
§G.6.
SECTION 44. 'V�NU� AIVD JiIRI3DIC'FION
Tt�is Conlract shal[ he construed �nder ar€d in accordance with tE�e laws of the State af 'i'exas. For purposes of litigatian
pursuant #o this Contract, venue shall lie in Travis County, Texas.
5E[:TIDN �5, COPYRIGHT
5ubrecipieaat rreay copyright materials deve[o�ed in the perforcnance of this Co�itract o�• witk funds expended under fhis
Coe�traci. If capyi'ighted materials are developed in the u��der this Conte�act, the T7epartmeiit and HHS shall each have a
E•oyalty-fe•ce, noe�exc[E�sive, and i3•revocable �•i�ht to E�eprode�ce, publish, or otl�erwise use, and to �uthorize others to use,
ihe coPyrightect work for goverclment purpases.
Page l 5 of 31
SI�aC'iIO1V Q6. LIMI"['A'I'TOIV O]Y AI30I2TION TEJNDING
A. Pu�•sua��Y to Chapte�• 2272 of ti�e Texas Governmenc Code, Yo the extent allawed by fede�•al and state law, tk�e
Department may not enter into this Contract with ai� "abartioc� provider" or an "a�liaYe" af an abortion provider, as
said terms are defined thereunder, if funds €�nder this Cantract are appropriated fro«� state oe• local tax 3•evenuc.
B. By execution of this Cantract, the SabE�eoipient herc6y ce�tifes tha#, as a co��ditio�� of receipt af any funds under
this Contract feom siate or loca[ tax revenue, it is e[igib[e to receive said funds, and tt�at it will not utilize said funds
i�� any way cont��ary to this Section 46 duric3g the Contr�act '1'ern�.
EXECUTrD ta be effective o�i .Ianuary 1)1, 2020
SC1�3R�CIPIEN`C:
City oi�'ort Wurth
a pnlitical suhdivision o#'the State of 7'cxas
By: �'ere�ando Costa
Tit[e: Assisfant City iVlanager
Date: Dece��►ber 30, 2013 4:39 pm
D�PAI2TMENT:
T�XAS ➢�'PARTMEN'P OI' I3017SXiVG AND CflMMIJNITY AFI'AIIiS,
a pu6lic and of#icial agcncy of the State of Texas
IIy: I2obcrt WiElcins�n
Title: Its di�ly authorized office3• or represe«tative
Date: January 6, 2020 ID:02 am
Page 16 of 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
2020 LIHEAP WEATHERIZATION ASSISTANCE PROGRAM
CONTRACT NO. 81200003182
APPROVED AS TO FORM AND LEGALITY:
�l�
Matt Murz•ay
Assistant City Attorr�ey
ATTEST: - �: -:�--� y:t .r ; � -:.;;: �: �
'�= - �
; ,j;���f� ;;. � .
- ' �r� �� 4,�'�1j' ..0 ��`'a
�� � j � .�� � � � � � � � .,�_ ''`c i
r'i jJ (f� i ', Gi� j r�,^`{ °`�,�rg_ �� r r �.
1Vlary J. Kayser �� ,�.�� 7�� �����+� ���� 1
City Secreta�•y� - � ,r`
.`_. ;�
y . _
M&C: 19-0346
Dafed; Decernber 3, 2019
CITY OF FORT WORTH
By: I'e�•nando Costa (signed electronically-see attached contract)�
Titje: Assistant City Manager
Date: December 30, 2019
T�XAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
By: Robei�t Wilkinson {signed electa•onically-see attached contract}
Ti�le: Its duIy authorized officer or representative
Date: 7anua�y 6, 2020
Con�ract Co�npliance Manager:
By signing below, I acicnowledge tl�at I am th� person responsible for the manitoring and
administraiion of this cantract, including ensuz•ing all pertormance and reporting requirements.
�
�'
��s •���
�
��
Amy onnally, �ssistant Dire
Neighborhood S�pi�vic�s �,�'
TEXAS ll�PARTII��NT Ok HOUSFNG A1VB COMNIUNI7'Y A1�T�A112S
COI�"1'TZAC"I' NUMBER, 81200003182
I'Y 2020 LOW-INCONIE H011� J?I�BRGY ASSISTANCIi ACT WEATf-IERIZATTOI� ASSTS'1'ANCE PROGRAM
(CPIIA# 93.5(8}
AI3DEI�BUM A
C�RTIFICATI�N R�GARDING LOBBYII\'G TOI2
COIVTRAC"CS, GRANTS, LOAIVS, AiVD COOPERATIV� AGREEMEN 1'S
The unde�•sig�ied certifies, to the besE of its knowledge and belief that:
A!o I'ederat appropriated funds lia�e been paid or will be paid, by o�• on bef�llf af thc undcrsig3�ed, ta aay
person for influencing or attemp[ing to inf[uence an o€iicer o3• en�ployce of an agee3cy, a Member af Congress,
an of�cer ar employee of Coagress, or an employee of a Member of Cong��ess in connectian with the awa��ding
o€ any Federal conh•act, the �naking of any Federal grant, the making of any Federal loac�, the entering i�ito of
ac�y cooperative agreen�en€, and tk�e extension, continuation, renewa[, amendmefat, or 3nodif€cation of any
Federal contract, grant, loan, or coaperative agree�nent.
2. If any fiinds other t€�an �'ederal appropriateci funds have been paid or wil[ be paid to any pea�soi� Fo�� in�uencing
or a#tempting to influence an officer o�• aenployee of auy agency, a Mcn�ber of Co«gress, ac� of�lcer or
eniplayee of Cangress, or an em�,loyee of a Member of Congress in connection with this Federal conh•act,
grant, loan, or coaperati�e agreement, the unclersigE�ed sha[] comp[ete and si€bmit Standard Form -LLL,
"�isciosure Porm to Repart Iaobbying," in accordance wiYh its instn�ctions.
3. The undersigned shal[ require that the language o€ this certification be included in the award documents for all
subawards at all tiers (including subeontracts, subgrants, and conte•acts uncler grants, ]oans, and cooperative
agreements) and that a[1 subrecipients sktal[ certify attd cEisclose accordingly. This certificatioa is material
eepresentation of fact on which ��eliance was placed when tl�is transactio�3 was �nade or entered into.
5uba3ission of this ce3�tification €s a prerequisile for making or ec�teriE�g into this transaction imposed by
Section 1352, T'itle 31, of tiie U.S. Code. Any pe��san who fai[s fo fi(e ttce required certificatio�� shall be
si�bject to a civi[ pena[ty of not lass than $10,000 and not more tl�an $100,000 fc�r each such failure,
5TA1'EM�NT I'{?R LOAIV GL7Al2ANT��S AND LOAN IN5i1RAlYCE
The unde�•signed states, to the best of its knowledge and belief, that:
If any fi�nds have been paid or wilE be paicl to any person for i�fluenci€�g or attempting to inflaence an officer or
employee of any agcncy, a Memher of Congress, �cn of�cer o�• employee of Congress, or au employee af a Member of
Congress in connection with tE�is commitment providing for the United States to insu�-e or guarantee a loan, thc
undersigned sl�all coinplete and snbmEt Standard Form-LLL, "Disclosure Form to Repo�•t Lobbying," in accordance with
its instrucfions. Submissipn of this staten�ent is a prerequisite for making or enterin� into tl�is t�•ansaction imposed by
Section 1352, title 3t, U.S. Code. Any persoE� who fails to fcle the required stetea3ent shal[ be subject to a civil penalty
of not Eess than $10,000 and not more than $100,00� for each such failure.
SCl.B12�CIPI�IVT:
City of �'o�'f Worth
a�olifical subdivision oithe State of'J"ex�s
By; Ternando Costa
Title: Assistant City iV[anager
Date: ➢ecembe�• 3D, 2019 �1:39 �m
Page l7 of 3 l
7'EXAS DEPAR.'T�1:lYT 0�' FIOUSING AI�ID COMMIJNI"I'Y AFFAIRS
CONTRACT NUMBER. 81200�03182
I'Y 2(724 LOW-1NCOME HOME 1?NERCiY ASSIS`rANC�' A,CT WEAT[ [ERIZATION ASSISTANCB PROGit.lA_M
(CPDA# 93.Sb$)
r�D�GNDUM 33
Certifcation I2egaa•ding Drug-I'i•ee Wort{place Requirements
This ce�7ificaiion is requirecl by t{ae re�rJatiotas implementing tlae I3rxg-I'ree Jd�orkplace �icf of 1988.• 45 CFR Pari 76,
Stebpai•t, T' �5eclrans 76.630(c) a�Tct (d)(2) and 76.645 (a)(1) and (b) pt�ovicle that a Fede1•ai ngetacy tnay desigy�ate a
cet7tra! receipt poil7t for ST.4TE-WIDE �1ND STtfTE ,4GENC�' C��IDE' certifrcatrons, arrd far 17atifrcation of c�•iminal
di•arg coy�victions. F'a' tl�e Depnf•tmenf of Healtls and Htttnm7 Sei'vices, !he centf•a! point is: Divisioia of Gra�ats
�Ia�aagei��ent a1tc1 Dversig]tt, O�ce of Mntaageme�7t a�td �cc�trrsrtiofa, Depar�b�ael�t nf Healtlz a�7d Human Sej�vices, I2ootrs
517-D, 2001»dependenee ,4vel�zte, S�T� Wasl�ingtor7, DC 20201.
The iEndersigned certifies that it wiil or will cocztinue to p�•ovide a drug-free wo��Ecplace by:
{a} 1'ublishing a statement natifying employees that the ���lawful inanuf�cture, dish•iht3tian, dispensing, possession,
or use of a co��t:�ollcd substance is p€•ohibited in the grantee's workplace and specifying the acfious that wil[ be
taken agains# ecnployees far vio[atin�i of sucE� prohibition;
(b} �.stab[ishiag an ongoing drug-fi-ee awareness program to infoe-�n employees about-
( I) Thc dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workp3ace;
(3) Any availahle drug counsc[in�, rehabilitation, and err�ployee assiscance pragran�s; and
(4) `l'he penalties that n�ay be imposed upnn en�ployees for drug abuse violatioc�s occurriug ic� the woc•k��lace;
(c) Tvtatci�ig it a�•eguireinent that ench employee to be engaged in the performac�ce of the grant be give�� a copy of
the statement reqaired hy paragrap[� (a);
(d) Natifyiug the emp[oyee in the statc�nent ��equired by p�3•agraph (a) tk�at, as a conditinf� of employment undec� the
gE�ant, fhe en�ployee will-
(1} Abide by the tei�rns ofthe state�nent; and
(2} Notify the enaplayer i� writing of his or her conviction for a vio[ation of a crirrEinai drug statute occurring in
the warkplace ao lateE� than �ve catendar days after such conviction;
(e) IVotifying the agency in writing, within 10 calendar c[ays atier receiving natice under paragrap3i (d)(2) fro�n �ui
einploycc or otherwise receiving acival notice of such conviction. Emp[oyers of convicted employees must provide
not'sce, includ��� posiiion title, ta eve�•y grant officer or other designee on whose grant activity the convicted
err;ployec was working, �nless lhe Federal agency has designated a ccntral paint for the receipt of such c3otices.
Aiotice shal[ inc[ude the identification number(s) of cach affectecl grant;
{t} Taking one af the following actions, within 30 calendar days a£ receiving 3iotice under paragraph (d)(2), witE�
respect to any einp(oyee wi�o is so co�7victed-
(1) Taking approp�•iate personnet action against such an employee, up to and inc[uding terminafson, consistent
with #l�e requirements oftl�e Ftek�abilitation Act af 1973, as amended; or
(2) Requiri��g such employee to pa��ticiPate satisfaetorily in a drug abtsse assista�ice or rehabilitation program
approved for such purposes by a Federal, State, ar [ocal health, law cnforcament, or other appropriate agency;
(g) Making a good faith cffort to continue to �naiatain a drug-fi�ee workptace through imp(ementation of paragraphs
(a), (b), {�), Ed), {e) and (�.
Ptace(s) of Performance [site(s) for the performanca of wark done in cannection wiYll the spacific grant] (iE3clude st3�eet
address, city, caunty, state, zip code):
City of Port Wo��th
20a Texas Street Annex, 3rd F1ooE•
Port Wnrth, TX 76I026312
Page l8 of 3 i
Workplace identi�catiofas must inc[�de the achaal address o� buildings (or pa��ts of buildic�gs) ar other sites where
work under the grant talces p[ace, Categorical descriptinns may be used (e.g., all vchicles of a mass transit authority
or State higiaway department wl�ile in ope�•atio3�, S€ate employees in each local une�nploymen€ office, perfarmers in
concert halls or 3�adio stud'€os). if Subrecipiee�t does ��ot identiiy tt�e wor[cplaces at ti�e time of a��lication, o:• upoe�
award, if there is no application, tlie Subrecipient must [ceep tE�e ide��tity of the workplace(s} on file ic� its office and
ma[ce the information availabie for Fede��al ins�ectian. Failure to identify all [cnown workplaces constitutes a
vio4ation ofthe 5ubrecipiant's di•ug-free wo3•kplace requi��ements.
Tk�is eertification is a m�ferial rePresentation of fac# upon wl�icli reliance is placed when tE�e Department awards the
grant If it is later determined tl�at Suhrecipient knowingly rer�dered a fa[se certificatio;�, o�• otherwise violates the
rec�uireme��ts of tl�e Drug-Pree Warkplace Act, Depa€�tment, in addiYion to any other remedies available to tlae Federal
Governnient, may t�ke action autt�orized under the Drug-F;�ee Workplace Act.
SYJ13T2GCIPIEN'1':
City of Fort Wo�•fh
a pulitical suUdivision of the StRte of "I"cxas
By: l+crnando Costa
Title: Assistan# City Manager
bate: llccemUer 30, 2019 �3:39 pm
Ppge 19 of 31
7'�XAS DEPARTMEN`I' Q�+ �TOLJS�IVG AIVD COMMUNITY AI'P'AII25
COlVTRAC'I' NUMBrR. 812DQD03182
FY 2020 LOW-INCOIv1E HOME E��RGY ASS[STANCE ACT W�ATHEIti"LAT'ION ASSTSTANC�,1'ILOGRANf
(CFDA# R3.568}
ADD�I�I)UM C
CEI2IIFICATiO1V REGARDING �NV�RO1�'ME1V'TAL T(1BACC0 SMOK�
The undea•signed certifies to the fo[lowing:
Puhlic Law 103227, Part C Environmenta] Tobacco Smoke, alsa known ss the Pro Children Act of I994, reguires
tl�at smoki�lg not be parmiftec[ in any po;•tion of any indoor �•outiF�ely owne�t o�� leased or contracted for by aei entity
and used routinely or regt�larly for p�-ovision of health, day care, edE3cation, ar li6raiy se��vices to cl�ildren under the
age of I8, iF the services a��e funded by Federal programs either direct[y or tku�ough State or local governments, by
Pede�•al gr�nt, eo��tract, loan, or loan guarantee. The law does not apply to cl�ildren's services provided in private
residences, facilities fu��ded solely by Medicare ar Medicaid fuads, a�td portions of faci3ities used for inpatient drug
or alcohol t�-eatEnent. Fliluee to comp[y with [i�e provisians af ihe law may result in ihc imposition of a civil
mo��etaiy penalty af up to $IOQO per day and/or $�e impasitian of an adminish�ative comp(iance order on thc
e•esponsible entity by signing and submifting this Contr�ct the Subrecipieat ce�-#ifies that it will com�ly with the
;•eguirements of tE�e Act.
The appiicant/gra�tee fm•the�� agrees that it will requ's�•e tl�e language of t1�is certi�catio�i be included in any
subawa�•ds whiel� contain provisions for the children's sezvices and #hat all subg�•antees shall certify accordingly,
SURit�CIPI�NT:
City of Tort Warth
a political su6division of the 5tafe of Texas
By: Fcrnando Costa
T'itic: Assistani City Managc��
Date: 17ecembe�• 30, 2019 4:39 pm
Fage 20 of 31
T�J�AS D�YAIi'I'I�C�NT OF I30I3SI1VG AN➢ COIVIMUNI'FY AFFAII2S
COI�TRACT NLJMI3ER. 812000fl3182
FY 2020 I.OW-[NCOIvIE HOMf: �NERGY ASS2S"T'ANCE ACT WIiATHERIZATION ASSISTANCE PROGRAM
(CFDA# 93.568}
a���c�vnu�r n
CI�R'I'IFICATION REGARI�XNG 17�BARM�i�'T, SiJSP�NSION A1VD OTH�R
It�SPONSIRILITY MATT�RS
Tf�e undersig«ed certiE"ies, to ihc best of its k3�owEedge and belief, that it ancl its principafs:
(a) Are �3ot presentEy deharred, suspended, proposed for deharment, declared ineligib[e, or volunYaa�ily exciuded by
a«y Federal deparhnec�t o�• agency;
{b) Ht�ve not within a three-year per'sod p�'ecec[ing tlais proposa( becn convicted of or had a civil judgment rendered
agai«st the3n for con�missioE3 of t'raud or a crimi«al o�ense in car�necYion with obcaining, aitempting to ohtain, or
pe��forming a puh(ic (Federal, State o3• local) Yransacfion ar conh•aci under a pub[ic transaction; via[ation of Federal
ar State ant€trust scatates o3• commission of embezzlen�enf, iheR, fo�•gery, brihery, falsifcation or destruction of
recards, ma�Cing false statements, or receiving stolen property;
(c) At•e not presently indicted for ar otheawise criminally or civilly charged by a governmenta[ e�tity (Eederal, Statc
or local) with commission of any of the offenses enurne�-ateci ii� paragraph (i )(b) of #his certif'scation; and
(d) H�ve not within a threc-yea�• peeiod preceding this app[ication/progosal had one o�• more public tta�sactio��s
(Fcderal, 5tate or local} te��minated for caase o�• default.
(e) Wi[1 submit to the �epartment infos•mation about each peoceedin� that occurs dm•ing this Cont3act Ter�n or
du;�ing the 3•ecordkeeping period ihat:
(1) Ts in conncction with this award;
(2) Reached its final disposition during tk�e mast recent f€ve year period; and
(3) Is one of the following:
1• A cric��ival procceding thaE resulted in a conviction, as defined below;
ii. A civi[ proceeding that resulted in a f€�ding of fault and lia[�ility and payment of a monetary fine, penalty,
reimbursement, restitut�o��, or damages of $5,004 or more;
iii. An adn�inist�-ative proceeding, as defined below, that E•esulted in a finding of fault and liabil'sry and your
pay��ent of either a monetary fine or �ena[ty of $5,Q00 or �uore or reimbursemen#, restitutiou, or damage
iv. Any other criminal, civi[, or administrative proceeding if:
1, li cauld ktave led to an outcome desct'ibed in this section (e) para�rapf� (3) itea�s (i) -(iii) of this award
term and condition;
2. It had a di fferent disposition arrived at by co��sent or compromise with afi acknowledgn3ent of faalt on
your part; a��d
3. The reguirement in this awa��d terrr� and condition to d'€sclosc infarmation about the Proceeding does
c�o€ conflict witk� applicable laws and regulations.
{4) roz• purpases of section (e} of #his certi�cation €he %llowing defini#ions apply:
i. An "admin'sst��ative proceeding" mea��s a non-jud'acial �rocess that is adjudicatory in nature in oa•der to
m�ke a determination af fault oe liability (e.g., Securities and Exchange CommissEon Administrative
proceedings, CiviliaE� Boa�•d nf Contract Appeals proceedings, ar,d Armed 5arvices Board of C�ntracc
Appeals proceedi��gs}, TE�is includas proceadings at the Federal and State level buE only in connection wifh
pea�formance of a Federal contract or grant. �t does not include audits, site visits, co�•rective plans, o�•
inspection of deliverab[cs.
ii. A"conviction", for purposes of this award term and coadition, means a juclg�nent or conviction of a
cri�ninal of�ense by a�3y cou�•t of competent jurisdictio��, whether entered upon a verdict or a plea, and
includas a conviction eniered upon a plea of ��olo contendere.
Where the uF�dersigned Subreaipient is unable to ccrt'sfy to any of the statements in this certification, sucli Sub;�ecipient
shall attach an explanation of why i€ cannot provide said certification to this Contract.
Pagc 2 i of 3 i
`I'he ua�darsig€�ed Subrecipient furtE�er agrees a�d certifies ihat it will incl��de the beEow clause titlect "Certificatio��
Regarding Debae�nent, Suspension, Ineligibiliry and Voluntary I;xclusion-Subcontracts/Lowcr Tier Covered
Transaction," �vithout modi('ication, in a[1 subco��tracts a�id in a[1 solicitatiaus for sabconh•acts:
"CERTIFICATIONREGARDINCr D,�',BftRMENT, SUSAENSIDN, IN�LIGIBILITYAND VOLUNT,4RY
L'XCLUSIpN-SUBCONTRACTS/LOWER TIER COVERED TRANS.4CTI(7NS
(]) The p+�ospective lrnver tier participar�t/.strbcotzh•nctoi• certrfies, by sttbmission of tl�is p�•oposal, tlaat »eithet� i1
nor rts pf•ijacipals is presently debar�red, suspefzded, p,�opnsecl for debarmelat, declnt�ed ine]igible, a,• yo�tt,�r�,�rry
excluded fi•om participalion in t{�is tf•alTsactron b�� any F'edera] depar�finent ot� agelacy,
(2) W{zere tlze prospective Ioiver tier pariicipant/suGcojab•actor is unable to certify to afzy of the statemei7ls i�r this
ce�•tifrcatiol�, strch pt•ospective par�iieiperf7l shall attacl7 u�a e,rpla��crtion to tl�is proposal.
LOr�`Bli TIER P.4RTICIPANT/SUBCONTliACTOR:
(Sigl7aterf'e]
1'itle:
Date:
This cee�tification is a material represecttatio�� of fact upon wk�icli reliance is placed wl�en tlie Deparm�ent awards the
grant. If it is latec• determined tha# Subrecipient knowingly c�endered an erroneous cea-tification, i�� addifion to any other
�•emedies availahle to the Pederal Government, the Department may termi;�ate this Contract for cause or defa�lt.
SURR�CIP1ElYT':
City of P'orf Wm•th
� politica! subdivisian of the State of 7'c�cas
By: I'erna�ado Cnsta
Tit(e: Assistant City Man�ger
Ddte: December 3Q, 2019 4:3� pm
Page 22 of 31
'iEXAB DEPAIi'1'M�1VT OF HC3USING AIYD COMMLIVIT'Y AFTAIRS
CONTRACT Ni3M[3ER. 812001i031$2
FY 2020 LOW-INCOME HOME ENERGY AS�ISTANCE ACT WEATHERC"LA1'IQl� ASSTS I'AlVCE i'ItOG1tAM
(CFDA# 93.568)
ADDEIV➢U1VI E
YRWORA R�QUIRGMENTS
City of Fort Wor#h
a pc�litical s�6division of the State of 1'exas
If an individua[ is applying foe• LiHEAP Cunds, a S�6recipient 3nust verify that the individual apPlying for LII-�EAP
fi�nds is a c�ualified recipient for funding under the Person�l Responsibility and Work Oppoe•tunity Act nf 1996,
("PRWC312A"} nr {"AcY'), Pub. i,. ]04-193, 110 Stat. 2105, codified at 8 iI.S.C. �16D1 et. seq,, as amended by tha
Omnib�s Appropriatians Act, 1997, Pub. L. I04-208.
There are cei�tain types of assistance ti�at are ��ot subject to the Act's restrictian on access to public benefits based on
immigration status. This includes activities #hat: {1} deliver iarkind serviccs at the com�nunity [eve[, (2) a�-e necessa3y
for the pintection of life ar safery, and (3) do not condition the provision of assistance an the app[icant's i�lcome nr
c•esources.
To e3�sure that a non-quali�ed applicant does not recaive "federa] p�blic benefits," a unit of general purpase
govere�3nent that administers "federa[ pubiic benefit programs" is required to dete€•mine, and to ve�•ify, the iradividual's
al'senage status beforc ge'anting eligibilify ($ Y].S.C. §1G42 (a} and {b}}, S�cbrecipient must use the SAVE verification
syste«� to verify and dacuinent qu�lified alien eligibility.
CERTIFICATION REGARDING USE OI+ '�'HI+: 5Y5'f�MATIC ALI�N ViRII'ICA'TION FOI2
ENTITL�MEiVTS {SAVE) SYS`1'1!;M
Subrecipicnt shall:
( t ) System [Tse.
(a) Establish tE�e identiry of the �pplicants ae�d require each applicant to present the applicant's immigration oE•
n�turalization docuEnentation that contains tE�e information (e.g., a[ien e•egistraEion nu�nber) ��equired by the SAV�.
1'rogram;
{b} Physically examine the documen#atian presented by tha applicant and determine w[�ether the document{s)
reasonably appear(s) €o be genui��e and to relate to the individuai;
(c) T'rovide to the SAVE Program tf�e information tlae SAVE P�•ogE•am ��equu•es to ��espon�3 to 5ubeecipient requests for
vee�iitcalion of immigratio�� or naturalized or derivcd citize«ship status informatior,, including (1) iuformatian feom the
a{�plicanYs imn�igratian or naturalization docuinet�tation for initial automated verification, (2) additional informa#ion
obtai�led from the al'aen`s immigrat'ton or naturalization documentation foc• autom�ted additional verification, and {3)
completed �'o�'ms G-845 at�d ofher documents and intor�nation �•equired for �nanual additional verification. For manua[
oe�ly veri�catioa, ensure [hat Forms G-845 and other documen€s a��d infor�3ation �•equirec� far man�al vee�ifcation are
provided;
(d) Ec�sure that, prior ta using the Verification In%rmat€on Systecn, atk employees designated by S�brecipient to use
SAVE on belialf ofthe Sub��ecipient ("Users") performing ve�•i�cation proccdures complete SAVE requi�•ed training
inc[uding: reading the SAVE Progran� Guide, taking the latest veision of Web tutorial(s),
(e) Ensu�•e that Users are pE•ovided with and maintain LTser ids oc31y wE�ile tl�ey have a need to perform verification
p3•ocedures;
(� �nsure a[1 Users performi��g verification procedures con�ply with all rec�i�i��ements contained in the SAVF: Program
Guide, weh-hased tutorial, fhis Cnntraci, and updates to these requiraments;
(g) �nsu�•e that all Users perfara�ing verification proced�res have contact inforcnation for the SAVE i'rogra�n a�d
SAVE Monitoring and Compliance. Contact information can hc foisnd at
https://www.uscis.�ovle-verifylernploverslmonitorin�-and-compiiance o�� 202-�43-01U4
(h) Ensure all Users perform any addifianal verificatior, procedures the SAVE Program e•equires and/or tlie applicant
requests after the Subrecipicnt inifiates a request for verification;
Pege 23 of 31
{i} Use any informafion provided by DHS-1JSCIS undeE• fhis Contract so[ely for tha purpose of determ€ning the
eligibiiity of persons apptying for the benefit iss�ed by the Stthrecipient and ]imit use of such information in accordance
with th'ss and all other pE•ovisions of ti�is Concract;
{j) Comply with the requirements of the Pedez•al Information 5ecurity Modernization Act of 2014 (FISMA)
(T'L-113-283, as amended) a��d QMB guidance as applicable to electro3�ic storage, transport of records between
agencies, and the i��tcrnal processing of records received by either agency under tE�e terms of this Contract;
(k} S�tfeguard suc9� info��niation a��d access methods to ensure Yllat it is nnt used for any otheE� purpase than described in
this Contract and protect its confidentialicy; including ensuring that it is not disclosed to any ui�autho�•ized persan (s)
without the prior w�•iifcn consent of DHS-USCTS. Eacl� appl9cant seeing access to iaforination regarding hicn/her may
do so by submitt€€�g a writ#en signed request to DHS-USCIS. lnstructions for submitting requast may be found at
http•Ilwww uscis..�ov1USCISIVerifiaationlSAVE/SAVE_Nati�e_Documents/Fact Shee# �IowToCarrcctYouc�Recordsw
aihUSCIS,pdf (subject to revision and t�eposting on the SAVE Website and Onlinc Resources);
(I) Comply with the Privacy Act, 5 U.S.C. §552a, the Texas Public Infarmation Act and ather applicable laws,
regulalions, and policies, including but t�at limited to al[ OMI3 and DHS privacy guidance, in conducting verification
procedures pu€suae�t to tl�is Conh•ac#, and in safeguarding, mainfaining, ai�d disclosing any data provided or received
pursuant Yo this Cont�•act;
(m) Compiy with federal laws prohibiting discriminafion against applicants and disee�iminatory use of the SAVE
Program based �pan the national arigin, color, race, gender, religion, or disability of the applicant;
(n) 1'rovide all beaefit-appl'scants who are denied benefits based sn(ely or in part on the SAVE respanse with adequate
written notice of che danial and the informatian necessa�y to contac€ DHS-USCIS so that si�ch individua] �nay correct
thei�• recards in a timely manner, if necessary. A Fact Sheet that iucludes the p�•ocess by whicl� applicants may contact
D H S - U S C I S i s p o s t e d a t
httn•//www uscis ov/USCIS/Verificatio��ISAV�/SAVE_Native_Documents/Fact�Sheet HowToCorrectYourRecoF•dsry
itkzUSCIS. df (subject to revision and reposting on the SAVE Website and Onl'€ne Resources); ,
{o) Provide all bene�t-applicants w€�o aF'e dcnied be�ieitts hased sole[y c�r in part oa the SAVE respanse wittt tk�e
oppo3#uuity to �se the Subc�ecipient's existing pa•ocess to appea[ tk�e de��ia[ a��d to contacE DHS-USCIS to carrect thei3•
records prior to a final decision, if necessa3•y; and
(p} Refrain fi�om using SAV�, oa• nssisting any person or entity, to comply with tE�e employma��t eligibilily verification
requiremen€s of Section 274A of the IEnmigration aad Nationality Act, 8 U.S.C. § i 324a.
(2) Monitorin and Com iiance,
(a) A[low Departmcnt and SAVE Mon'storing and Compliancc to monitor and e•eview all recoc•c�s and documents related
to the use, ahuse, misuse, fraudulent use or imp�•oper �isa of SA'VE by the Subrecipient, including, but not [in�ited to
m•iginal applicant conse��t documents required hy ilie PE�ivacy Act, 5 U.S.C. §552a or athe�• applicable autE3o��ity;
(b) Notify the Depar[rnec�t's Compliance �iv€sion immediately rvhenever there is reason to believe a viotat€on of this
agrecment has occua�rcd;
(c) I�otify the Bepart�nenYs Compliance Division immediately wf�enever there is reason to believe an informatian
breach l�as occurred as a reseslt of iJser or Subrecipient action or inaction pursuant to Office of Ivtanagement and Budget
(4MB) Memorandum M-0'1-IG, "Safeguardif�g Against and Responding to the Breach of Pe�•sanally Identifiable
I€�forn�atio��;"
(d) Allow 17epart€nent and SAVE Manitoring and Compliancc to monitor and review afl records and docun�ents related
to the use, ahuse, misuse, fi-audule��t use oa• imprope�• use of SAVI' by any User, including, but not iimited to original
applicant consent documents required by the Privacy Acc, 5 U.S.C. §552a ar other applicab[e autE�ority;
(e) Al[ow Department and SAVE Monitoring and Cotnplia«ce to conduct desk audiis and/or site r�isiis to review
Subrecipient's comp[iance with tE�is Addendum E and al[ other SAVE-related poticy, procedures, guidance and {aw
appl'scable to conducting ve�•ification and safeguarding, maintaining, and disclosing any c[ata p;•ovided o�� received
pursuant to this Conh•act;
(� Aliow I7epartment and SAVE Monitoring and Cornpliance to perform audiis oP Subrecigient's Use�• Ids use and
access, SAVE Training Records, SAVE financial recards, SAVE biographical i�sformation, syste�n �rofiles aitd �sage
patterns and otl�er �•elevant data;
Page 24 of 31
(g} A[low Depae�tment and SAVE Monitaring xnd Compliance to interview any and all Users xnd any and atl contact
persons or nther personnel wit(�in the S�brecipienYs or�anization or relevant confractoz•s rega�•ding any and all questio��s
or probtems whict� n�ay arise in conneclion with the Suhrecipient's pas#icipation ia SAVE;
(h} Allow I]epartment and SAVE Monitoring and Co�npEiance ta nlonitor system access and usage and to assist SAVF;
t�sers as necessaiy to ensu�•e con�plia��cc with the terms of this Addes�d€sm E and the SAVE Progrlm rec�uireinents by its
authorired ageuts or desEgnees;
(i} Take corrective nieasures in a tisnefy manner to address a[I lawful requiren�ents and recommendalions on every
written findiug including but not limited Eo thosc of the Depa��cment ar SAVF' Monitoring and Comp[iance regarding
waste, fi•aud, and abuse, and discrimination o3• a�iy n�isuse of the system, non-compl€ance with ihe teE�ms, conditions and
safeguaF•ds oftl�is Addendum �, SAVE Progracn �3ncedures or other appticah[e law, regulation or policy; and
{j) Provide Department and SAVE Moiiitoring and Compliance with the current e-mail, L1.S. postaE service add3•ess,
physical address, 3�ania and telephone numbar Users authorized representative for any notifications, questions or
problems tha€ may ae•ise in cannectio�� with Use��s parcicipation in SAVii and with noti£icateoe� of changes in tk3e l�cncfit
offered by the User.
(3) Criminal Penaltics,
(a) i�HS-USCIS rescrves tE3e right to use information fi•on� TDi1CA or Subrecipient far any purpose pea�n�itted by [�w,
inclucling, butnot liinited to, the prosecution of violations of�ederal administra€ive or crimina€ l�w.
(b) The Subrecipient acknowledges that tl�e information it c�eceives from DHS-LiSCIS is governed by the Privacy t1ct, 5
U.S.C. §552a(i}(]}, a��d ihat any person who o6ta'sns thEs informa€ion u3�der false pretenses or uses at for any purpose
other than as pravided for in this Contract may be subject to cri�uinal pena[ties.
(�}) Third I'a��tv Liabilitv.
{a) Each party to this Contract shall be sole[y responsible far its ow€a defense against any claim or ac#ion by third parties
arising out of or related to the execuYion and/or performance of this Contrac#, whether civi[ o�• crianinal, and reta€n
responsibility for the payn�ent of any correspoc�ding liability,
(b) Notl�i�ig i�� tk�is Contract is inte��ded, or st�ouEd be construed, to ca•eate a�ry right or benert, substantive o�• pracedura[,
enfo3�ceable at law by uiy thard party against fhe Llnited States, its agencies, officers, or employees, tf�e State o1' "I'exas,
its agencies, of�'icers, or empfoyees, or the Suh��ecipient.
(5) 1'oints of Co��hact
Michael De Young
Directar of Co3n«�unity Affairs TJivision
Texas ]7epartment of Housing and Comn�unity Affairs
Cammunity Affairs Division
I'.O. Box 13941
Austin, TX 78711-3941
i'hone: (512) �i7S-2125
E€nail: michael.devou❑ rr.tdhea.state.tx.us
USCIS SAVE Peogram MS 262U
U,S. Citizenship and I�nmig3•ation Services
Department of Homeiand Security
Washington, DC 2052R-2b20
ATTI�: 3AVF Operations
Phone: (888) 454-�4218
l3maiL• savere�istratio3� rr,dhs.�
USCIS SAVE Monitoring and Comp[iance MS 2G40
iJ.S, Citizenship and Immigration Services
Department of I Iomeland 5ecurity
Wasrt�ington, DC 20529-2640
Phone: (888) 464-421 S
�;ma€1: save.monitoring(�,dhs.�ov
Page 25 of 3 l
(6) Cettificatiort.
The €�ndersigned hcreby certifies to the Departmeni that a[1 infor�natian herei�a is true and correct io the best of their
know[edge and belie£ The �urpose oftl�is statement is to certify tEaat City of I+ort Worth (Sab�•ecipient):
� Is NOT a private nonprofit cE�a�•itable organization and is au entity created by 5tate Stat�te and affi[iated with a
stafe or gavernmental entity (such as a 13ousiE3g �nance age�cy, public housing authority, u€�it oF local gover€��nent,
council ofgovern�nents, couniy, etc.}
Cerfi�cRtio�i mc�st ha�e tlie sig�iature from a representative �vith a�ithority to execute documents on thc
St�hrecipient's beha[f.
I certify that I understa�xl that fines and 'smprisonment up to iive years a��e pe��alfies for know'sngly and wi[ling[y making
a materially false, �ctit+ous, or fraudulenf statetnent ar entry in any matte€ under t(�e jurisdicYion of tlte federal
gavernment (18 U.S.C. Sec. i00t),
STJBI2�CIPIEt�T:
City of Tort'RVa��fh
a pulitical subclivision of the Sfate of Texas
By: Fcrnando Cosfa
"1'itle: Assistant City Manager
Date: �ecen�ber 3U, 2019 a:39 pn3
Yage 26 of 31
T�IAS D1�PARTM�NT OT HO USTiVG AND COMiVIUNITY AFP'AiRS
CQi�ITRAE'T I� UMBE3t. 81200003182
I'Y 2D20 LOW-INCOME I-IOME E1�ERCY ASSiSTA1�iCE ACT W�ATHER�ZATION A,SSIS'I'ANCE P3tOGRAM
(CNI7A# 93.568)
��HIBIT A
RUllGET AND PERI'QRMANC� S"1'A'T'C11�t�lVT'
Cify of I'ort Worth
a}�olitical subdivision of'tlac Stafc of Texas
X}�PARTMCNI' FiNANCIAL OI3LIGA I'IONS
$1,�78,G24.00 LIHEAI' FLTNDS CIJRREN'TLY AVAILABLE
� 2,0OO.Ofl TRA[3�]ING &`I']iCHNIGAL ASSiSTANC� FUNDS CURRENTLY AVAILABLE
� 1,078,620.�0 TOiAL ANTICIPATED LII�EAP FL)N17S
� 2,000.00 TO'i"AL ATVTICIPATEI] TRAININCy & TECHNICAL ASSISTANCE FC)I�DS
Addit'sonal fut�ds n�ay be obligated via Amendment(s), �'unds ;nay oniy 6e obtigated ar�d ex�endcd during the caE�•e3�t
Contract `£erm. Unexpended fund balanccs wil[ be recapturecl.
13C1IlG�T P'OR AVAILABL� ALLOCA.'I'TONS
CATF.GORI�S P'UiVDS
2 AdministrAtio�i $'77,913.00
5 MAiCCIRIS I���'8�I'Nill SI1��101'Y I TJr�I16Y � 806,SGG.06
4 Health aud Safety $ 200,141.00
suB-To��'a�. � r,o�rs,�ao.00
5 Traini��g and TechnicfllAssistance $ 2,p01}.00
�ro•raU � z,oso,sza.00
I+Of3TN0"I'�5 TO SU➢GFT FOR AVALLABLE ALLOCATIONS:
� Denotcs t1�at ti�e 5ubrecipient must ;�equest in writing any adjustment needed to a budget catagory before ti�e
Depattment will make ai�y adjushnettts to tkte buciget categories. The pnly catego�•ies that can be reduced are the
Administrative, Training a��ct Technical Assistaace ae�dlnr tf3e Hea[th and 5afety categaries. Sub��ecipient is lin�ited
to two (2) requested budget revisions during the current Contract Tetm. Only thosc rvritten requcst(s) fram the
Su�i•eci�ient �•eceived at leasf forty-Sive (A5) days before the en�l of the Contract Term �vill 6e revie�ved.
The Departmcnf may decline ta �'eview written reqaests �•cceived during the iinal a5 calendar days of thc
Conirxcf Ter�n.
z I7enotes maxin�um far Ad�ninish•�tive based on 7,21% of total al[owahle expenditures.
3 Expcnses incurred under Roof Repair wi[1 co�ne out of yaur Malerials / Prograni Support / Labo:• budget.
4�enotes the a�aximum aliowed for Health and S�fety expenditures.
5 Department approved t��aining 1 travel only.
Page 27 of 31
r�Rro�zn�nrrc�
5ubrecipie3�t`s seivice area consisis oftE�e fallowing Texas cou��ties:
'1'A.I�RANT
Woe•�C ordcrs enust be submitted to weathe�•ization contracfors no later than Decemher 31, 2020 fo�• any weatherization
activities to be comple€ed �sndec• this Cant�•act. All weatherization activities i�7cluding iinal inspection must be
comp[eted no later than Ja3�uary 31, 2021.
3ubrecipient n�ay iE�cur costs associated with thc closeout of this Contract These activities ine[ude but are not limited
to: payment of invoices, xnd qua[ity assurance aciivities for a period not to exceed 45 days from the ee�d of the Contract
Term def��ed in Section 2 af ihis Contract.
These costs shall bc E�eported on thc fin�l repart desca•ibed in Section 10 of tl�is Contract.
SubE•ecipient sl�al€ provide weathcrization program services suffciei�t to expend the fi�nds v�sder tlsis Coe�tract during
the Contract "T'erm. WAP costs �er imit (ma£erials, labar, and proge•am sapport}, excluding health and safety expenses,
shal[ 3�ot exceed $S,OOO.QO per unit without prior w�•iiten approval from the Department. The cumu[ative total cose per
unit (maferials, la6or, and p�rog3�am s�pport}, sl�al[ not exceed tf�e �naximum allawable by end of the Co��fract `fern�.
Page 28 of 31
T�XAS D�PARTMEi�7' OF IIOZISING A.1V� COMIVTYIi�IIT'Y AFFAIRS
CONTRACT NUMBER. 81200003182
FY 2020 LOW-II�iCOME HOivt� �;NERGY A3SISTA�TCE ACT WEATH�,ItIZATION ASSISTANCE PROGRAM
(CFDA# 93.56$)
EXIIIBIT B
LIH�AP PRIOI2ITY L1ST
I'or Single-Tamily, Mobilc Homes, and Small iYIulti-�'amily 13t�ildings
City of Fort Wor•th
a�olitichl subdivision of the S#ate of Texas
An energy conseivatian measuz�e (ECM) may include contributory items necessary for the prope�• i�stallatio� of that
ECM. The installed cost of all contrihutory items, associated wi#h the proper insta[lation, cannot exceed the cost of the
indir�idi:al �CM cost. Both the contributory and ECM costs are to be wrapped for tlie toYal ECM cost,
CoEeta•ibuto�y Items: Items reyuired hy WAP field standa��ds to achieve a fi��al product in a typic�l installafion.
Contributoi�y ite3ns cnust be necessary to com�lete the proper installation and ensure proper performance ofthe ECM.
Incidentai �iep�i�• is ctefined as: repairs necessa�y on items foc• the effect'sve preservatian of weatherized materials.
Instructions for Pi•iority LisE:
I. Perform the Major Measures in order as tl�ey appear on thc ]ist belaw. 3]ocumenta€ion mus# be �ravided if a Major
Measure is not addressed, or end result is not �chieved.
- If the unit does not n�ee# required criteria, theE� �viajor Measures have not been compteted adequately ai�d
additioE�al work must he considered anc�lor completed.
- Sub�•cci�ient CANI�'OT perform any SeconciRry me�sures untii ALL criteria fo�• Maio�• Measures have
6ee�3 adcqtEatelv addressed installed,.
- If .�trbf•ecrpient dnes NOT meel or exceed fhe requirecl crileria for rnajot� rneasures consister�tly acrass
pl•ograna yecrrs, firtiu•e LIFIE�IP Weatherizatiot7 corat�zrcts for Szabreciprent could 6e restrrcted on iJie
i��stallalian of secottdaly ��7ensuf•es.
2. Once Major Measu��es havc heen adequately addi�essed, any of the Secondary Meas�res may be addressed in any
orde�• acco�•ding to the professaonal jvd�ment of tlie Subrecipient staff.
- Decisions should be based an what is best fo�• eacl� individual client and unit and what has the best potential
energy savings im�act foE• that ho�sehold, while €naximiring allowable program expenditures.
Majoz• Mcasi�res
Health & Safely Iteins
a. �-iousef�olds that have a���egnant woma�i - Window screcns/Solac• scree��s ta help prevent exposure to the Z'ska
Virus.
h. Must meet ASHRAE 62.2-2016 Standard.
c. Refer to H&S guidance located on the I}epartme�rt website at the fol[owing link;
http://www.tdhca.sta[e.tx.us/commuF�ity-affairs/waglguidance. htin
d. `Fo include coak stoves - refer to Chapte;• 8 of the MISM
hftp://www.tdhca.state.tx.us/community-afT'airslwap/docs/W AP-MISM. pdf
2. Airinfltration
a. NO MAXIMUM COST LIMITATION.
b, All costs (labor and mate�•ia[s} must be detai[ed on the Building Weathez�iz�tion Report (BWR),
a Coc��plete curreE3t Blower poo�• Bata Shee# as insiructed,
d. At Sabrecipient Final Inspectiors, MUST MEI:T or EXC�.�T3 the Blawer poor Target I'or 75% of houses
weatherized.
3. Duct Sealing
a. NO MAXIMUM COST LIIV1iTA'fiON.
b. All return ducts to be sealed regardless oF location,
c. All sup�ly ducts to be sealed when in unconditioned spacc.
d. At Suhrecipient Final Inspection, MCJST MT�T o�• EXCEED Duct Blaster Target (WiEI� Refe�•ence to
Outside} iE375%ofHo�nes Weatherized.
Page 29 of 3 i
4. AtEic Insuiation
a. If existin� insu3ation is asscssed as �27 or balow, must insulate to ineet cun-ent code.
b. Block all E�eat sources & attic hatches.
c. If no insulation is added but ventilation needed, i�tstall venti[ation unde�• Ii&5,
5. Wa[llnsul�tion
a Chec[c al[ exterio3• walls for exist€3�g insulafion la�cls,
i, If �dequate�y insulated, document and praceed to next measa�-e.
ii. If not adequately insulated, deuse pack applicable wall cavities, i��c[uding ahove and belaw a[1 wi�idows
and daors,
6. �'loor Insulation
a. if addressed, must follow current code.
b, Vapor hanrier always requii�ed.
c. Follow OSHA accessEbility standards.
7. Refi•igcrator
a, Nleter for minimum af34 minutes.
b. Units 15 years oid or more can be repfaced without metering, as long as manufactured year is daci�mented.
c. Replaced units must be de-manufachired proper[y, materia[s must be E•ecycted and i�efrigerant properly
disposed of to EPA regu[ations.
Secondary Measures
. Low-Cast Measures
a. Wate�• Savers - aerators and low flow sho�verheads.
b. Water l�eater tan[clpipe 's��sutation.
c. Install cnaxiinum of 10 CFi,s/LEDs per house.
. Smart TE3erniostat
a. Install o��ly aftea• consultatioi�/t��ainia�g with client.
• 5ola�• ScreenslWindow Film
a. Instal[ in the follawing order;
i. West, South, East, then Nor�h side of house.
b. If the windows are cove�•ed by any permanent shading str€acture, then solaE� screenslwindow film c�tnot be
instailed on that windaw.
• Incidenta] Repait's
a, Maximum expenditure allowed is $500.
b. Mast be �•elated to weatherization measure.
c, Materials incl�de: lumE�er, shingles, flashing, siding, drywall, masanry supplics, minor window and dooE•
repair, gutte��s, downs�oi�ts, paint, stains, and sealants.
d. Regarding mobite homes, could include mobile hame ski��ting and overf�angs tn protect mobile home doo��s
e. Cauld also include carpenhy work to protect water i�eatcrs located outside to protect DWH from weather
elements.
£ Cauld include roof, wa[l, and floor repair; exclud'ang leveling,
g. Repair of "esseE3tia1 wiring"
i. Essential wie�ing defined as any wiring goiE�g directly to an appliance that is being addressed by 1E�e WX
program.
. I-IVAC/I;vaporative Coole�� Replacement
a. Coniplete �-eplacemeni of furnace/ACIHVAC as energy efficieacy measure is a passibility,
i. Iv[ust meet curreni Enec�gy Star rating for complete sys#e�n reP[aceraent (see guidance below foa�
camponent on[y �•eplacament).
ii. Must document accurate Manual 3 and Manual 5 in client file;
iii. HVAC units with a SEER or downgraded SEER of 11 or less should be rep[acec[. IJocumentatioa� of
the dow€�graded formu[a should be in tE�e client �le as gart of the assessment;
I'age 30 of 31
iv. Centra] heaEing units with an Annual �uel Utilizatioa Efficiency (AI'UG) or downgeaded AF[IE of 65%
o�� [ess should he rep[aced with a t�igE� efficiency unit, nat less than 90% AFUE. Documentatio« of t[�e
downgaded forinuia should he i€7 tl�e client file as pa�# aEihe assessment;
v. Resistance central heating u�its, if the cooling side meets �•ep[acement criteria, may be replaced w€ch a
compiete cenh•al heat pi�mp system. T]ocun�entatiou of degraded coolin� uait SEER and age ofi heating
unit shauld be in the c[ient file as pa�-t of the assessment;
vi. The replacement of AC only co�nponents of the HVAC system i€� cases where Yhe exis#ing fu��nace
does not;neel thc degraded AFUE will he allowed if the fo[lowi��g criteria is n�et:
1. The componei�ts have a va[id AHRI rating,
2. Components ara either Energy 5tar Rated o�• documentatian is p�•esent i�� the cl'sent file ti•on� the
HVAC contractor stating thc reasnn Energy Star rating can��ot be obtained, If Energy Sfar ratings
are not obtained the components must:
a. Increase the deg�•aded SEBR rating af the exist's��g e�uipmen# by a minEmwn of 3 SEER.
b. Be the highest AI�Ri rated components availabte with a minim€�m SEER rating of 14
5���2.
b. Repair of cenn•al system Is potentially allowvab[e. 7ustification far the repair inust be documented in t€�e client
fi[e. Repair can i�iclude, but is not limited to:
i. Clean and tune.
ii. Clean Evaporative and Condensing coils.
iii. Checkladjust gas pressua•e.
iv. Clean hlower wheel (squirrc[ cage}.
v. Chec[c a[1 controls, set 1�eat anticipator if applicable.
c. Change and leave up to #welve (12) ncw �ir filters.
d. No ;-eplacement of window ai��-conditioners if a centraE systen� is replaced ar repaired to wo�•€cing arder.
e. F2eplacen�ent of wi��dow air-conditioners:
's. Maximum of tE»�ee (3) window units can be �-epiaced.
ii. Must be Energy 5tar Raced a€�d sized accordin� to,manufac€urer's room sizi��g specifications.
iii. Mini spiit ��eplacement options foa• i�nits witk3 ineFCcient or ovarsized window u��its wi[1 be considered
on a casa by case basis witf� Department approvaL In order ta recei�e Department approva[,
subrecipients must provide the fo[lowing:
1. 13illing history info3�mation to verify the need.
2. Winc€ow unit plate €nformation to include age, rated ef�ciency, n�aintenance factor/condition, and
BTCJ siie.
3. Bz•ief synopsis of the auditors reasaning far the miE�i split consideration,
�F. Unit drawing showing the coverage of each window unit.
5. Type of heating system in the house.
6. Cost inforn�ation of the replacement system.
7. atk�eE• i�aformation deen3ed necassa�•y by tk�e Dep�vtment to justify windaw unit replacement with
a mini split syscem.
. Taoors andlor Windows
a. Doarslwindows ti�at a€•e struchEE•ally �nsound or �Enable to he repaired may be replaced.
b. Prior to e•eplacement, Subrecipient must receive writtcn Dept app��oval. If prior apProval is not received, costs
are disallowed.
Page 31 of 31
CITY COUNCIL AGENDA
DATE: 12/3/2019 REFERENCE
NO..
CODE: C TYPE:
**M&C 19-
0346
CONSENT
LOG NAME:
PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
Fo�r�o�ri�
��
19NSTDHCA-
LIHEAP2020
NO
SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs for the 2020 Low-Income Housing Energy Assistance Program, a Federally
Funded Program Sponsored by the U.S. Department of Health and Human Services
Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home
Energy Costs, in an Amount Up to $1,500,000.00, Authorize Related Contracts, Adopt
Appropriation Ordinance, and Waive Indirect Costs (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs
in an amount up to $1,500,000.00 for the 2020 Low-Income Housing Energy Assistance Program;
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, 2020 through December 31, 2020;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Federal Fund in the amount of $1,500,000.00, subject to receipt of the grant; and
4. Waive indirect costs in the estimated amount of $49,500.00.
DISCUSSION:
Since 1982, the City has operated the Low-Income Housing Energy Assistance Program (LIHEAP)
through grants from the Texas Department of Housing and Community Affairs (TDHCA). This
program serves low-income residents in Tarrant County by weatherizing their homes, making them
more energy efficient. 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 LIHEAP grant based on the total allowable expenditures for the
Low-Income Housing Energy Assistance Program.
The City has weatherized approximately 55 houses with funding from this grant between January and
September 2019 and projects completing 175 houses in 2020. All Weatherization Assistance
Program funding will allow for up to 200 homes to be weatherized.
A waiver by the City of indirect costs will maximize benefits. LIHEAP provides for 2.50 full time
positions with estimated direct salaries of $135,000.00. The addition of indirect costs would result in
the reduction of services and staff. The estimated indirect costs to be waived are $49,500.00.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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 Operating Federal Fund. Neighborhood Services will
be responsible for the collection and deposit of funds due to the City. Prior to expenditures being
incurred, Neighborhood Services has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Fund Department I Account I Project I Program I Activity Budget I Reference #
ID ID Year (Chartfield 2;
Fund I Department I Account I Project I Program Activity I Budget I Reference
ID ID Year (Chartfield
Submitted for City Manager's Office by_
Originating Department Head:
Fernando Costa (6122)
Sonia Singleton (5774)
Additional Information Contact:
Monique Hill (5775)
Amount
Amount
ATTACHMENTS
NS LIHEAP2020 AO.docx
CITY COUNCIL AGENDA
DATE: 12/3/2019 REFERENCE
NO..
CODE: C TYPE:
**M&C 19-
0346
CONSENT
LOG NAME:
PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
Fo�r�o�ri�
��
19NSTDHCA-
LIHEAP2020
NO
SUBJECT: Authorize Acceptance of a Grant from the Texas Department of Housing and Community
Affairs for the 2020 Low-Income Housing Energy Assistance Program, a Federally
Funded Program Sponsored by the U.S. Department of Health and Human Services
Designed to Provide Assistance for Low to Moderate Income Residents to Lower Home
Energy Costs, in an Amount Up to $1,500,000.00, Authorize Related Contracts, Adopt
Appropriation Ordinance, and Waive Indirect Costs (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of a grant from the Texas Department of Housing and Community Affairs
in an amount up to $1,500,000.00 for the 2020 Low-Income Housing Energy Assistance Program;
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, 2020 through December 31, 2020;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Federal Fund in the amount of $1,500,000.00, subject to receipt of the grant; and
4. Waive indirect costs in the estimated amount of $49,500.00.
DISCUSSION:
Since 1982, the City has operated the Low-Income Housing Energy Assistance Program (LIHEAP)
through grants from the Texas Department of Housing and Community Affairs (TDHCA). This
program serves low-income residents in Tarrant County by weatherizing their homes, making them
more energy efficient. 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 LIHEAP grant based on the total allowable expenditures for the
Low-Income Housing Energy Assistance Program.
The City has weatherized approximately 55 houses with funding from this grant between January and
September 2019 and projects completing 175 houses in 2020. All Weatherization Assistance
Program funding will allow for up to 200 homes to be weatherized.
A waiver by the City of indirect costs will maximize benefits. LIHEAP provides for 2.50 full time
positions with estimated direct salaries of $135,000.00. The addition of indirect costs would result in
the reduction of services and staff. The estimated indirect costs to be waived are $49,500.00.
This program services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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 Operating Federal Fund. Neighborhood Services will
be responsible for the collection and deposit of funds due to the City. Prior to expenditures being
incurred, Neighborhood Services has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Fund Department I Account I Project I Program I Activity Budget I Reference #
ID ID Year (Chartfield 2;
Fund I Department I Account I Project I Program Activity I Budget I Reference
ID ID Year (Chartfield
Submitted for City Manager's Office by_
Originating Department Head:
Fernando Costa (6122)
Sonia Singleton (5774)
Additional Information Contact:
Monique Hill (5775)
Amount
Amount
ATTACHMENTS
NS LIHEAP2020 AO.docx